Reader weighs in on discipline, professor’s
proposal
Two
items in the latest Bar Journal leave me obliged to comment. I am on inactive
status with the California bar, having practiced in San Mateo County for 40
years before retiring. During that period I worked in and out of courtrooms in
a variety cases, dealt with countless numbers of attorneys, and also served the
bar as a referee and presiding referee in the State Bar court system. Looking
over the latest list of lawyers disciplined by periods of suspension measured
only in days or months, I am amazed by the lenient treatment given to so many
offenders; their violations appear numerous and in many cases not just
violations of trust but criminal in nature, for example, trust account theft of
large sums, lying, client abandonment, disobedience to court orders, refusal to
return unearned fees or even to communicate with clients. I wonder, will a review of disciplinary standards produce longer suspension periods
or, possibly, more disbarments? The cases, it seems to me, call for that.
The
other item is the letter of Mr. Thompson concerning a previous article about Professor Gillian Hadfield, a
person whose list of accomplishments, degrees, committee memberships, teaching
posts, international connections and publications is possibly the longest of
anyone in the world. She proposed that attorneys need to start charging only
$40 per hour in order to supply needed legal services to the poor. I agree
completely with Mr. Thompson's assessment of her proposal as ridiculous, even
stupid. Looking through Ms. Hadfield's bio, I see that in 1987 she worked as a
summer intern in a law office; however, even without more experience working in
a law office, representing clients in court proceedings, or assisting them with
documents, it is remarkable to suggest that there might be enough, or any, lawyers
able to effectively represent anyone at her suggested hourly rate.
Office staff makes that much or more per hour, leaving the attorney with
nothing but the remaining overhead expenses. And who is to pay costs of
litigation such as filing fees and cost of travel and investigation? Can a
person so accomplished be so out of touch? Apparently, yes.
Parker
Kelly
Whitefish,
Mont.