According to an article in today’s New York Law Journal, the higher fees that went into effect for assigned counsel in New York on January 5th are working as intended — attracting more so-called 18-B lawyers to take cases in Family Court. (”Higher Pay Help Boost Roster of 18-B Lawyers”, by Daniel Wise, 01-06-04) Last May, in one of ethicalEsq’s very first posts, we praised the increase in New York’s rates to $75 in court and $60 out of court per hour, and opined:
No one’s going to get rich taking these cases, and the lack of court-appointed lawyers won’t be totally solved. But, managing partners might now be more willing to allow idealistic younger lawyers to serve as law guardians for children or appellate lawyers for criminal defendants. And, experienced attorneys, who are after all ethically obligated to help ensure legal services for all persons, might be inspired to take an appointed case or two. (See Rule 6 of the Model Rules of Professional Responsibility and Ethical Consideration 2-29 of the Model Code.) If more lawyers sign up to be on the panels of court-appointed attorneys, poor clients should get better representation and our courts should run more smoothly and quickly. That’s a pretty good use of taxpayers dollars. Even I have to admit it.
Of course, I hope the higher fees will not attract financially desperate (rather than professionally committed) lawyers, or cause assigned counsel — who are frequently faulted for giving insufficient service to such cases — to spend less time on each assigned case.
It’s a little ironic, that some 18-B lawyers are already complaining that there now are too many lawyers on the list. As the article notes: “‘There is no longer a shortage of attorneys, but of cases,’ one lawyer said, adding ‘we’re fighting for cases.’” Both ethicalEsq and haikuEsq are amused when lawyers act surprised — or feel persecuted — by the basic economic laws of supply and demand, price elasticity, etc.
- I hope the responsible public officials in Massachusetts will take a close look at the NYS results as they consider the appeal for higher fees from assigned counsel in that State.
According to an article in today’s New York Law Journal, the higher fees that went into effect for assigned counsel in New York on January 5th are working as intended — attracting more so-called 18-B lawyers to take cases in Family Court. (”Higher Pay Help Boost Roster of 18-B Lawyers”, by Daniel Wise, 01-06-04) Last May, in one of ethicalEsq’s very first posts, we praised the increase in New York’s rates to $75 in court and $60 out of court per hour, and opined:
No one’s going to get rich taking these cases, and the lack of court-appointed lawyers won’t be totally solved. But, managing partners might now be more willing to allow idealistic younger lawyers to serve as law guardians for children or appellate lawyers for criminal defendants. And, experienced attorneys, who are after all ethically obligated to help ensure legal services for all persons, might be inspired to take an appointed case or two. (See Rule 6 of the Model Rules of Professional Responsibility and Ethical Consideration 2-29 of the Model Code.) If more lawyers sign up to be on the panels of court-appointed attorneys, poor clients should get better representation and our courts should run more smoothly and quickly. That’s a pretty good use of taxpayers dollars. Even I have to admit it.
Of course, I hope the higher fees will not attract financially desperate (rather than professionally committed) lawyers, or cause assigned counsel — who are frequently faulted for giving insufficient service to such cases — to spend less time on each assigned case.
It’s a little ironic, that some 18-B lawyers are already complaining that there now are too many lawyers on the list. As the article notes: “‘There is no longer a shortage of attorneys, but of cases,’ one lawyer said, adding ‘we’re fighting for cases.’” Both ethicalEsq and haikuEsq are amused when lawyers act surprised — or feel persecuted — by the basic economic laws of supply and demand, price elasticity, etc.
- I hope the responsible public officials in Massachusetts will take a close look at the NYS results as they consider the appeal for higher fees from assigned counsel in that State.
Power Line offers a summary of the oral argument yesterday in the case brought before the Minnesota Supreme Court by attorney Elliot Rothberg, challenging the State’s anti-bias CLE requirement (discussed by us here yesterday). The notes were compiled by lawyer Peter Swanson, who filed a friend-of-the-court brief supporting Rothberg, which can be found here.
It’s a thoughtful summary, touching on the core issues presented in the case. If I had to guess based on Swanson’s notes and my own analysis, the Court will uphold the CLE requirement.
-e&h-
thanks to the (youthfully) venerable Robert Ambrogi for welcoming the return and new persona of this weblog. Bob did us the unique honor of penning a haiku for the occasion:
Blog land seems quiet —
Muteness of ethicalEsq.
No more! David’s back.
Having demonstrated yet another talent, maybe we can convince the very busy Ambrogisan to become an Honored Guest for our HAIKUesque feature.
Power Line offers a summary of the oral argument yesterday in the case brought before the Minnesota Supreme Court by attorney Elliot Rothberg, challenging the State’s anti-bias CLE requirement (discussed by us here yesterday). The notes were compiled by lawyer Peter Swanson, who filed a friend-of-the-court brief supporting Rothberg, which can be found here.
It’s a thoughtful summary, touching on the core issues presented in the case. If I had to guess based on Swanson’s notes and my own analysis, the Court will uphold the CLE requirement.
-e&h-
thanks to the (youthfully) venerable Robert Ambrogi for welcoming the return and new persona of this weblog. Bob did us the unique honor of penning a haiku for the occasion:
Blog land seems quiet —
Muteness of ethicalEsq.
No more! David’s back.
Having demonstrated yet another talent, maybe we can convince the very busy Ambrogisan to become an Honored Guest for our HAIKUesque feature.