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	<title>Comments on: does Bar Advocate = Irresponsible Lawyer?</title>
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	<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/</link>
	<description>breathless punditry and one-breath poetry with David Giacalone</description>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-4271</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Tue, 26 Jul 2005 23:39:10 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-4271</guid>
		<description>&lt;a&gt;&lt;/a&gt;

1.&#160; The Assigned Counsel policy you link to does not say that an office may not be in a home.&#160; It merely says that it must be &quot;easily accessible to the courts in which s/he provides assigned representation.&quot;&#160; I personaly know Massachusetts assigned counsel who&#039;s offices are at their homes.&#160;&#160; Again, the facts, as they relate to each lawyer are important.
2.&#160; I&#039;m a bit surprised that you have not yet boned up on the antitrust laws as they apply to professionals practicing in separate firms coordinating their refusals to deal with a buyer of services.&#160; &#160;the issue has been raised for over two years.&#160; If you haven&#039;t bothered reading through this posting, you might give it a try, and follow some of the links, too.&#160;&#160;&#160; 
3.&#160; The bar advocates have been rather shy about actually showing the sources for their overhead claims.&#160; I&#039;ve asked for specific sources, but have not gotten replies.&#160;(They&#039;ve also failed to show whether they are counting&#160;depreciation and similar expenses that are not out-of-pocket.)&#160;I believe that I did once see a footnote in a bar advocate submission referring to a national study. The numbers used jibe with national figures for small to medium firms (not the solo and duo practices that characterize so many bar advocates firms).&#160;&#160; As far as saying that Massachusetts has higher costs of living, the specifics again matter.&#160; What is the cost of living in the rural counties that have been the focus of so many of the concerted refusals to take new cases?&#160; 
Finally, let&#039;s not lose sight of my main point: acting in concert to cause a court crisis in order to force higher fees -- rejecting an 81% increase achieved over the past two years -- is inappropriate and unethical. </description>
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<p>1.&nbsp; The Assigned Counsel policy you link to does not say that an office may not be in a home.&nbsp; It merely says that it must be &#8220;easily accessible to the courts in which s/he provides assigned representation.&#8221;&nbsp; I personaly know Massachusetts assigned counsel who&#8217;s offices are at their homes.&nbsp;&nbsp; Again, the facts, as they relate to each lawyer are important.<br />
2.&nbsp; I&#8217;m a bit surprised that you have not yet boned up on the antitrust laws as they apply to professionals practicing in separate firms coordinating their refusals to deal with a buyer of services.&nbsp; &nbsp;the issue has been raised for over two years.&nbsp; If you haven&#8217;t bothered reading through this posting, you might give it a try, and follow some of the links, too.&nbsp;&nbsp;&nbsp;<br />
3.&nbsp; The bar advocates have been rather shy about actually showing the sources for their overhead claims.&nbsp; I&#8217;ve asked for specific sources, but have not gotten replies.&nbsp;(They&#8217;ve also failed to show whether they are counting&nbsp;depreciation and similar expenses that are not out-of-pocket.)&nbsp;I believe that I did once see a footnote in a bar advocate submission referring to a national study. The numbers used jibe with national figures for small to medium firms (not the solo and duo practices that characterize so many bar advocates firms).&nbsp;&nbsp; As far as saying that Massachusetts has higher costs of living, the specifics again matter.&nbsp; What is the cost of living in the rural counties that have been the focus of so many of the concerted refusals to take new cases?&nbsp;<br />
Finally, let&#8217;s not lose sight of my main point: acting in concert to cause a court crisis in order to force higher fees &#8212; rejecting an 81% increase achieved over the past two years &#8212; is inappropriate and unethical.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-6191</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Tue, 26 Jul 2005 23:39:10 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-6191</guid>
		<description>&lt;a&gt;&lt;/a&gt;

1.&#160; The Assigned Counsel policy you link to does not say that an office may not be in a home.&#160; It merely says that it must be &quot;easily accessible to the courts in which s/he provides assigned representation.&quot;&#160; I personaly know Massachusetts assigned counsel who&#039;s offices are at their homes.&#160;&#160; Again, the facts, as they relate to each lawyer are important.
2.&#160; I&#039;m a bit surprised that you have not yet boned up on the antitrust laws as they apply to professionals practicing in separate firms coordinating their refusals to deal with a buyer of services.&#160; &#160;the issue has been raised for over two years.&#160; If you haven&#039;t bothered reading through this posting, you might give it a try, and follow some of the links, too.&#160;&#160;&#160; 
3.&#160; The bar advocates have been rather shy about actually showing the sources for their overhead claims.&#160; I&#039;ve asked for specific sources, but have not gotten replies.&#160;(They&#039;ve also failed to show whether they are counting&#160;depreciation and similar expenses that are not out-of-pocket.)&#160;I believe that I did once see a footnote in a bar advocate submission referring to a national study. The numbers used jibe with national figures for small to medium firms (not the solo and duo practices that characterize so many bar advocates firms).&#160;&#160; As far as saying that Massachusetts has higher costs of living, the specifics again matter.&#160; What is the cost of living in the rural counties that have been the focus of so many of the concerted refusals to take new cases?&#160; 
Finally, let&#039;s not lose sight of my main point: acting in concert to cause a court crisis in order to force higher fees -- rejecting an 81% increase achieved over the past two years -- is inappropriate and unethical. </description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>1.&nbsp; The Assigned Counsel policy you link to does not say that an office may not be in a home.&nbsp; It merely says that it must be &#8220;easily accessible to the courts in which s/he provides assigned representation.&#8221;&nbsp; I personaly know Massachusetts assigned counsel who&#8217;s offices are at their homes.&nbsp;&nbsp; Again, the facts, as they relate to each lawyer are important.<br />
2.&nbsp; I&#8217;m a bit surprised that you have not yet boned up on the antitrust laws as they apply to professionals practicing in separate firms coordinating their refusals to deal with a buyer of services.&nbsp; &nbsp;the issue has been raised for over two years.&nbsp; If you haven&#8217;t bothered reading through this posting, you might give it a try, and follow some of the links, too.&nbsp;&nbsp;&nbsp;<br />
3.&nbsp; The bar advocates have been rather shy about actually showing the sources for their overhead claims.&nbsp; I&#8217;ve asked for specific sources, but have not gotten replies.&nbsp;(They&#8217;ve also failed to show whether they are counting&nbsp;depreciation and similar expenses that are not out-of-pocket.)&nbsp;I believe that I did once see a footnote in a bar advocate submission referring to a national study. The numbers used jibe with national figures for small to medium firms (not the solo and duo practices that characterize so many bar advocates firms).&nbsp;&nbsp; As far as saying that Massachusetts has higher costs of living, the specifics again matter.&nbsp; What is the cost of living in the rural counties that have been the focus of so many of the concerted refusals to take new cases?&nbsp;<br />
Finally, let&#8217;s not lose sight of my main point: acting in concert to cause a court crisis in order to force higher fees &#8212; rejecting an 81% increase achieved over the past two years &#8212; is inappropriate and unethical.</p>
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		<title>By: Al</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-4270</link>
		<dc:creator>Al</dc:creator>
		<pubDate>Tue, 26 Jul 2005 22:44:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-4270</guid>
		<description>&lt;a&gt;&lt;/a&gt;

1.  New York and Mass are two different animals.  We are required to have an office.  SEE: http://www.mass.gov/cpcs/manuals/pcmanual/MANUALChap2.pdf  nobody here is practicing law out of a car or home office.  

2.  It is illegal to refuse to work for free or when you are losing money on the deal?  That&#x2019;s a new one for me.  

3. Can you show me which article indicates that the overhead figures are from national surveys because I don&#039;t see it.  Massachusetts has a higher cost of living than average so any national average figures would underestimate the overhead costs here.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>1.  New York and Mass are two different animals.  We are required to have an office.  SEE: <a href="http://www.mass.gov/cpcs/manuals/pcmanual/MANUALChap2.pdf" rel="nofollow">http://www.mass.gov/cpcs/manuals/pcmanual/MANUALChap2.pdf</a>  nobody here is practicing law out of a car or home office.  </p>
<p>2.  It is illegal to refuse to work for free or when you are losing money on the deal?  That&#x2019;s a new one for me.  </p>
<p>3. Can you show me which article indicates that the overhead figures are from national surveys because I don&#8217;t see it.  Massachusetts has a higher cost of living than average so any national average figures would underestimate the overhead costs here.</p>
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		<title>By: Al</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-6190</link>
		<dc:creator>Al</dc:creator>
		<pubDate>Tue, 26 Jul 2005 22:44:31 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-6190</guid>
		<description>&lt;a&gt;&lt;/a&gt;

1.  New York and Mass are two different animals.  We are required to have an office.  SEE: http://www.mass.gov/cpcs/manuals/pcmanual/MANUALChap2.pdf  nobody here is practicing law out of a car or home office.  

2.  It is illegal to refuse to work for free or when you are losing money on the deal?  That&#x2019;s a new one for me.  

3. Can you show me which article indicates that the overhead figures are from national surveys because I don&#039;t see it.  Massachusetts has a higher cost of living than average so any national average figures would underestimate the overhead costs here.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>1.  New York and Mass are two different animals.  We are required to have an office.  SEE: <a href="http://www.mass.gov/cpcs/manuals/pcmanual/MANUALChap2.pdf" rel="nofollow">http://www.mass.gov/cpcs/manuals/pcmanual/MANUALChap2.pdf</a>  nobody here is practicing law out of a car or home office.  </p>
<p>2.  It is illegal to refuse to work for free or when you are losing money on the deal?  That&#x2019;s a new one for me.  </p>
<p>3. Can you show me which article indicates that the overhead figures are from national surveys because I don&#8217;t see it.  Massachusetts has a higher cost of living than average so any national average figures would underestimate the overhead costs here.</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-4269</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Tue, 26 Jul 2005 18:42:51 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-4269</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Thanks for you input, Al.&#160; If you&#039;ve read through my writings on this topic, you&#039;ll see that I am very aware of the information posted at the Bristol County Bar Advocate website, and have often commented on it.&#160;&#160; Many of the arguments and purported facts put out by BCPCS and MACAA are misleading and/or specious.&#160; For example, the numbers thrown around about &quot;overhead expenses&quot; are not based on any study of actual bar advocates, but instead come from national figures relating to small and medium-size firms.
When I decided to concentrate my practice on assigned counsel cases representing children in New York State (at $25 per hour out of court, $40 in court), as I did in the mid-&#039;90s, I &lt;EM&gt;knew&lt;/EM&gt; it would mean financial restrictions and sacrifices.&#160; Therefore, I had no secretary, I used a home office, I used the County Law Library system, etc.&#160;&#160;&#160; Had I wanted to live above the income level that comes from&#160;reliance upon assigned counsel cases, I would have sought&#160;(and actually could have attracted)&#160;private clients.&#160; 
I don&#039;t know what your definition of greed might be.&#160; Rejecting an 81% raise over the 2003 hourly rate, and being willing to create a court crisis through illegal boycott tactics,&#160;in order to get more pay (and keep out &quot;competition&quot; from public defenders) comes within my notion of greedy.&#160; </description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Thanks for you input, Al.&nbsp; If you&#8217;ve read through my writings on this topic, you&#8217;ll see that I am very aware of the information posted at the Bristol County Bar Advocate website, and have often commented on it.&nbsp;&nbsp; Many of the arguments and purported facts put out by BCPCS and MACAA are misleading and/or specious.&nbsp; For example, the numbers thrown around about &#8220;overhead expenses&#8221; are not based on any study of actual bar advocates, but instead come from national figures relating to small and medium-size firms.<br />
When I decided to concentrate my practice on assigned counsel cases representing children in New York State (at $25 per hour out of court, $40 in court), as I did in the mid-&#8217;90s, I <em>knew</em> it would mean financial restrictions and sacrifices.&nbsp; Therefore, I had no secretary, I used a home office, I used the County Law Library system, etc.&nbsp;&nbsp;&nbsp; Had I wanted to live above the income level that comes from&nbsp;reliance upon assigned counsel cases, I would have sought&nbsp;(and actually could have attracted)&nbsp;private clients.&nbsp;<br />
I don&#8217;t know what your definition of greed might be.&nbsp; Rejecting an 81% raise over the 2003 hourly rate, and being willing to create a court crisis through illegal boycott tactics,&nbsp;in order to get more pay (and keep out &#8220;competition&#8221; from public defenders) comes within my notion of greedy.&nbsp;</p>
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		<title>By: David Giacalone</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-6189</link>
		<dc:creator>David Giacalone</dc:creator>
		<pubDate>Tue, 26 Jul 2005 18:42:51 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-6189</guid>
		<description>&lt;a&gt;&lt;/a&gt;

Thanks for you input, Al.&#160; If you&#039;ve read through my writings on this topic, you&#039;ll see that I am very aware of the information posted at the Bristol County Bar Advocate website, and have often commented on it.&#160;&#160; Many of the arguments and purported facts put out by BCPCS and MACAA are misleading and/or specious.&#160; For example, the numbers thrown around about &quot;overhead expenses&quot; are not based on any study of actual bar advocates, but instead come from national figures relating to small and medium-size firms.
When I decided to concentrate my practice on assigned counsel cases representing children in New York State (at $25 per hour out of court, $40 in court), as I did in the mid-&#039;90s, I &lt;EM&gt;knew&lt;/EM&gt; it would mean financial restrictions and sacrifices.&#160; Therefore, I had no secretary, I used a home office, I used the County Law Library system, etc.&#160;&#160;&#160; Had I wanted to live above the income level that comes from&#160;reliance upon assigned counsel cases, I would have sought&#160;(and actually could have attracted)&#160;private clients.&#160; 
I don&#039;t know what your definition of greed might be.&#160; Rejecting an 81% raise over the 2003 hourly rate, and being willing to create a court crisis through illegal boycott tactics,&#160;in order to get more pay (and keep out &quot;competition&quot; from public defenders) comes within my notion of greedy.&#160; </description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>Thanks for you input, Al.&nbsp; If you&#8217;ve read through my writings on this topic, you&#8217;ll see that I am very aware of the information posted at the Bristol County Bar Advocate website, and have often commented on it.&nbsp;&nbsp; Many of the arguments and purported facts put out by BCPCS and MACAA are misleading and/or specious.&nbsp; For example, the numbers thrown around about &#8220;overhead expenses&#8221; are not based on any study of actual bar advocates, but instead come from national figures relating to small and medium-size firms.<br />
When I decided to concentrate my practice on assigned counsel cases representing children in New York State (at $25 per hour out of court, $40 in court), as I did in the mid-&#8217;90s, I <em>knew</em> it would mean financial restrictions and sacrifices.&nbsp; Therefore, I had no secretary, I used a home office, I used the County Law Library system, etc.&nbsp;&nbsp;&nbsp; Had I wanted to live above the income level that comes from&nbsp;reliance upon assigned counsel cases, I would have sought&nbsp;(and actually could have attracted)&nbsp;private clients.&nbsp;<br />
I don&#8217;t know what your definition of greed might be.&nbsp; Rejecting an 81% raise over the 2003 hourly rate, and being willing to create a court crisis through illegal boycott tactics,&nbsp;in order to get more pay (and keep out &#8220;competition&#8221; from public defenders) comes within my notion of greedy.&nbsp;</p>
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		<title>By: Al</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-4268</link>
		<dc:creator>Al</dc:creator>
		<pubDate>Tue, 26 Jul 2005 17:48:08 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-4268</guid>
		<description>&lt;a&gt;&lt;/a&gt;

You are misinformed.  Please read the links on this page to get an idea of the crisis in Massachusetts:

http://www.bristolcpcs.org/WhatsNew.html

It has absolutely nothing to do with greed.  Lawyers are going broke in this state.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>You are misinformed.  Please read the links on this page to get an idea of the crisis in Massachusetts:</p>
<p><a href="http://www.bristolcpcs.org/WhatsNew.html" rel="nofollow">http://www.bristolcpcs.org/WhatsNew.html</a></p>
<p>It has absolutely nothing to do with greed.  Lawyers are going broke in this state.</p>
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		<title>By: Al</title>
		<link>http://blogs.law.harvard.edu/ethicalesq/2005/07/23/does-bar-advocate-irresponsible-lawyer/comment-page-1/#comment-6188</link>
		<dc:creator>Al</dc:creator>
		<pubDate>Tue, 26 Jul 2005 17:48:08 +0000</pubDate>
		<guid isPermaLink="false">http://blogs.law.harvard.edu/formerlyknownas/2005/07/23/does-bar-advocate-irresponsib#comment-6188</guid>
		<description>&lt;a&gt;&lt;/a&gt;

You are misinformed.  Please read the links on this page to get an idea of the crisis in Massachusetts:

http://www.bristolcpcs.org/WhatsNew.html

It has absolutely nothing to do with greed.  Lawyers are going broke in this state.</description>
		<content:encoded><![CDATA[<p><a></a></p>
<p>You are misinformed.  Please read the links on this page to get an idea of the crisis in Massachusetts:</p>
<p><a href="http://www.bristolcpcs.org/WhatsNew.html" rel="nofollow">http://www.bristolcpcs.org/WhatsNew.html</a></p>
<p>It has absolutely nothing to do with greed.  Lawyers are going broke in this state.</p>
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