on the use of NonLawyer/Lawyer Referral groups, because it “discriminates against
solo and small firms.” The organization in question has chapters, each of which
“consists of various professionals and business people who seek to obtain referrals
and learn marketing techniques. Only one person from any given profession or line
of business can join any individual chapter. The particular chapter that has approached
you includes, among others, a beauty consultant, heating and air conditioning contractor,
investment advisor, and AFLAC insurance agent.” Please read Carolyn’s piece to fully
appreciate the facts and her position.”
I want to focus on Carolyn’s primary assertion:
“And ethics rules must be applied in a way that doesn’t disproportionally
impact one segment of the bar.”
If an ethical rule deals with an appropriate topic in a reasonable way, the fact
that “one segment of the bar” is impacted more than others should be totally
irrelevant. As noted here before: the fact that “small fry” lawyers are more
likely to violate a particular rule than “big shots” is never a viable ethical defense
— especially since the small fry were often the main reason a rule was needed.
“disproportionate impact” theory of enforcement amounts to such pampering.
p.s. “Everybody does it” is no excuse either.
little broad to me. Let’s hope he’ll state a principle for us that takes into account the
many existing exceptions likely to withstand Constitutional challenge, and that can guide
courts and legislatures when dealing wiith issues such as national ID cards.
answered. California bar groups seem to be looking into this matter. They will
hopefully lay to rest forever the notion that weblogs by lawyers are advertising per se.
nothing in that post is haiku. Definitions are important (to lawyers and people). It’s far
the public on the nature of haiku. Everything with three lines of 5 -7- 5 syllables is not haiku;
in fact, most English-language haiku is not seventeen syllables. Haiku has some element of
nature in it, evokes an insight, and almost always contrasts, compares or juxtaposes two
The Florida Supreme Court has refused to re-admit to the bar a lawyer who resigned after
misappropriating client funds, due to his “continued failure to be financially responsible with
regard to his own finances as well as in his dealings with others.” The Court concluded:
“[U]ntil and unless [Lawyer] makes a concerted effort to become personally
financially responsible and accountable to those that he has harmed through
his misconduct, he should not be successful in his attempts to be readmitted
to The Florida Bar.”
1411, 4/28/2005; via sunEthics). (As suggested here, personal financial responsibility is
a very important part of the question of fitness for bar members.)