Lawyers Evil or Saints?

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H2Andy:
not only is what you saying not permitted under the Rules of Professional Conduct and the Code of Ethics (versions of which are eneacted in every US State), but also against the Bar Rules of every state in the Union.
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Well, I can't argue the law there, but if I may mention some personal experiences...

I used to work the oilfield as a diver, and as you might know, there are a number of injuries that take place off shore.

Now, being in that situation, you start to realize that you may need a lawyer eventually. So you start asking arround, quietly. When people realize you're not trying to root out anything forthe company, they'll start to give you the whole run down on lawyers in the area who deal with offshore and oilfield injuries. There are quite a few, but there are a couple who start to climb to the top. One lawyer in particular in the Lafayette, LA area was known for two things.

1. He always won, or so I was told.
2. He had a habit of often leaving his clients bankrupt.

Now, I thought both sounded suspicious, until such time as I was injured. It was a minor injury, and one I quickly healed from, but it was clearly the fault of the company I worked for, and the company we were working for. My wife at the time convinced me to go talk to this lawyer, and seek his advice. So quietly, I did.

He told me I had a great case, but that if I felt that I was to badly injured, I should stop working immediately. I told him I was fine, and that I was ready to go back to work. He then proceeded to tell me that it was no problem if I was worried about the loss of income, because He could arrange to make up the loss. This bothered me. Before I more or less ran screaming from his office, he had me try and perform some bending that anyone who had not practice Yoga would not have managed. I had practiced Yoga. He said that my ability to do these things showed that there might be some long term dammage that I should see his doctor about.

I didn't sue, maybe I could have, but I was not raised that way.

I am certain he broke a few laws in what he was doing, but I am also certain that no one would have ever called him on it.

Now, I am sure there are some honerable saintly lawyers out there, but I wonder, Why have I never met one?
 
Seabear70:
He then proceeded to tell me that it was no problem if I was worried about the loss of income, because He could arrange to make up the loss.
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this is against the rules. a lawyer can't cover a client's expenses other than those incidental to litigation.

this guy was a scumbag. sorry you ended up with him.

you did right in getting out of there. here's the applicable rule:

Rule 1.8(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that:

(1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; and

(2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client.

http://www.abanet.org/cpr/mrpc/rule_1_8.html


seabear70:
Now, I am sure there are some honerable saintly lawyers out there, but I wonder, Why have I never met one?
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how many lawyers have you met, total?

also, this may say something about the kind of people you
associate with (no offense). you do get what you pay for,
and lawyers are no exception.
 
H2Andy:
i don't know if to laugh or cry. dude, you're scaring me.

not only is what you are saying (usury) not permitted under the Model Rules of Professional Conduct and the Model Code of Professional Responsibility (versions of which are eneacted in every US State), but also against the Bar Rules of every state in the Union.

some further reading:

http://www.abanet.org/cpr/mrpc/rule_1_5.html

http://www.abanet.org/cpr/ethics/mcpr.pdf
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Tell me something Andy...

Who enforces those rules?

When was the last time someone felt they had to be enforced?

As long as we've strayed irrevocably off topic, and you refuse to discuss diving, Answer me this...

http://www.ccfj.net/HOAtexsen.htm

I am told that the amount that was overdue was as a result of a water bill that the association claimed was unpaid and the resulting legal bills.

The woman in question had evidence that she had paid the bill, a recipt as I was told.

How do you feel about that?
 
H2Andy:
how many lawyers have you met, total?

also, this may say something about the kind of people you
associate with (no offense). you do get what you pay for,
and lawyers are no exception.
Click to expand...

How many Lawyers? I dunno, in various capacities 30-40.

As for the type of people I associated with, well....

There may be some truth to that.
 
OK...

Now we are discussing the ethics of HOAs??? This has nothing to do with the ethics of lawyers.

BTW, there are some saintly oil rig divers out there, but I have surely never met one! :D
 
Seabear70:
Tell me something Andy...

Who enforces those rules?
Click to expand...

The various Bar Associations (in the 50 states).

Clients report misdeeds, other attorneys do as well, though
this is much more rare.

seabear70:
When was the last time someone felt they had to be enforced?
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i had a case against an out-of-town lawyer, and right before
we picked the jury he got hammered by the Florida Bar and got
suspended for a year. this may seem like nothing, but it was
his first offense.

all he did was fake the date on a letter to cover his butt, and
when he got caught, he lied about it. the client complained,
and the Bar gave this guy a year's vacation.


snowbear70:
As long as we've strayed irrevocably off topic, and you refuse to discuss diving, Answer me this...
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well... this "thread" was off-topic in the O2 thread. i didn't want
us to hijack that thread, so i moved it here. all your diving
posts remained behind. only non-diving posts came here.

so you see, we are on topic :wink:
 
NetDoc:
OK...

Now we are discussing the ethics of HOAs??? This has nothing to do with the ethics of lawyers.

BTW, there are some saintly oil rig divers out there, but I have surely never met one! :D
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If you read the article carefully, it is easy to see that the woman in question originally lost her home due to legal fees that she would have had to sue to get recinded.

BTW : You haven't met one now either!!! ;)
 
I read the article... it was the HOA that initiated the foreclosure. While they might have used a lawyer to do their dirty work, the fees had nothing to do with the foreclosure. The water bill did.

The caveat at the end was about HOA restrictions that they will not be liable for any legal fees except their own. They are trying to limit their liabilities which is not uncommon, but I don't think they deserve that distinction any more than any for profit corporation. KnowhatimeanVern?
 
Seabear70:
I am told that the amount that was overdue was as a result of a water bill that the association claimed was unpaid and the resulting legal bills.

The woman in question had evidence that she had paid the bill, a recipt as I was told.

How do you feel about that?
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if she had come to me TIMELY, i would have solved all her problems for about $750.00 (that's three hours of work at my old rate)

and she wouldn't have lost her home

if she had come to me AFTER her deadline (which looks
to be what happened here), then it would have cost
something like $5,000. i still would have won.

sounds like she waited until it was too late to respond,
and then had to pay out the wazoo for a lawyer to fix her mistake after she defaulted.

by the way, did you notice it was a dreaded lawyer who got
her the house back?

i'm not sure what your point with this story was, though...

so i'll ask: what was your point in posting this story?
 
H2Andy:
well... this "thread" was off-topic in the O2 thread. i didn't want
us to hijack that thread, so i moved it here. all your diving
posts remained behind. only non-diving posts came here.

so you see, we are on topic :wink:
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Well, as you can see from my last listed post in the O2 thread, I thought the biggest consideration in O@ was not he user, but the person administering the O2. It may have came accross a little cinicly, but that was the point. The person administering the O2 faces possible litigation due totheir actions, and they cannot depend on the DA picking up the tab on a good samaritan defense.

As for the enforcement, I am glad someone is trying to enforce it, but I still suspect that a lot goes unpunished.
 
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