Who benefits if the bar is remade?

Any restructuring of bar governance must consider who benefits: Does if strengthen the public protection functions of the bar?

If the answer to that question is anything other than an unequivocal yes, then the next step is to determine what forces are driving the move.

Does it benefit the staff of the bar? (employees)

Does it benefit the members of the bar? (lawyers)

Does it make the bar subject to political influence?

Does it give effective control of the bar to the judiciary?

Restructuring the bar may prove beneficial, but before embarking on that path, the wisest decision requires a thorough analysis of the expected and unanticipated consequences of any changes.

David M. Marcus
Los Angeles

• David Marcus is a former member of the State Bar Board of Governors.

A voice for inactive lawyers

Has anyone brought up the fact that Inactive attorneys should have some representation?

Joe Teglovic
Aliso Viejo

And end to excessive lawyering

That duty of candor rule, if enforced, would clear California of its excessive lawyerism (April MCLE, Don’t lie to me). The lady who wrote that must not have ever practiced law.                 

Stephen Perkins
Roseville

Avoiding trust account problems

I know that most of the disciplinary actions are trust account violations. Does the State Bar have any classes on how to avoid this? I see a lot of prosecutions, but not much assistance in this area.

Maybe if we had some classes this wouldn’t happen.

Claudia Kirkland
Santa Clara

• Editor’s note: Any attorney can attend the bar’s client trust accounting school.

Kudos for civil disobedience

Of course I don't know all the facts in Michael T. Pines’ case (April 2011) but on the surface it would seem that civil disobedience is a reasonable course of action in light of the criminal system’s lack of prosecutions of our bank crooks. Only the criminal system can move swiftly enough to freeze foreclosures.

Dean Bekken
Tucson