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Archive for the ‘Culture’ Category

https://upload.wikimedia.org/wikipedia/commons/thumb/0/0a/Domenico_Fetti_-_Portrait_of_a_Scholar_-_WGA07862.jpg/446px-Domenico_Fetti_-_Portrait_of_a_Scholar_-_WGA07862.jpg“Live as if you were to die tomorrow. Learn as if you were to live forever.”  I thought of Gandhi’s quote when I read about Tom Winston, who at 73 graduates from the University of Tennessee Law School this month. Retired and having concluded there’s “only so much golf you can play,” he decided to attend law school at age 70.

Besides having a resilient and hungry mind, Winston also benefited from something unique to the Volunteer State. Tennesseans 65 years and older can attend any state public institution of higher learning tuition-free. Winston says he’s “surprised more people haven’t taken advantage of it.”

His parting advice is to, “Enjoy the magic of learning all over again.” See “Stat Of The Week: Extreme ‘Non-Trad’ Law Student”

Speaking of free learning, below are the latest links to free continuing legal education programs, both scheduled and on-demand. As always, there are no warranties of continued availability, content quality, or creditworthiness in your jurisdiction.

 

FREE CLE

K & L Gates

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Legal Professional Privilege

On Demand

Credit: One Hour Ethics

Competition and Consumer Law Update

On Demand

Credit: One Hour General Credit

A Practical Guide to Representing Victims of Sexual Cyber Harassment Ethically and Effectively (Part 1)

On Demand

Credit: 1.5 Hour Ethics

Register Now

The Honest Lawyer

On Demand

Credit: One Hour Ethics

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Thompson Coburn LLP

Multijurisdictional Issues Stateside and International Privacy Concerns When Traveling

Wednesday, May 31, 2017

Begins at 12:00 PM Central Time

Credit: One Hour Ethics

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Lawyernomics by AVVO

View on-demand webinars

View upcoming Webinars

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Law Pay

Ethical Considerations in Drafting Contracts

“This webinar examines a variety of contract drafting scenarios and the ethical questions that they present.”

Thursday, May 24, 2017
3:00 PM Central, 4:00 PM Eastern, 2:00 PM Mountain, 1:00 PM Pacific
Credit: One Hour
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Birch, Stewart, Kolasch & Birch, LLP (BSKB)

Complimentary Webinar Presented by BSKB and WIPR – The Halo Effect: Walking the Willfulness Tightrope

“Register for free on the webinar registration page. Virginia CLE credit is pending, and can be used to seek CLE credit in other jurisdictions.”

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DLA Piper

CLE webinar: preparing for margining

Credit: One Hour General

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Legal Advantage

Free CLE – Best Practices in Patent Illustration

Wednesday, June 07, 2017 – 12 PM EDT

Credit: One Hour General

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Credits: Portrait of a Scholar, by Domenico Fetti at Wikimedia Commons, public domain; Portrait of Johann Christian Fischer by Thomas Gainsborough at Wikimedia Commons, public domain; St. Jerome in his Study, by Pieter Coecke van Aelst at Wikimedia Commons, public domain.

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If a petition submitted last year by Nevada’s Board of Governors is approved by the state supreme court, it’s going to cost lawyers a wee bit more money to practice in Nevada. Currently, Nevada lawyers are obligated to complete 12 hours of annual continuing legal education to keep their licenses. But if the state bar’s governing board has its way, a 13th hour will be tacked on to the annual requirement.

At an average cost of $40 per credit hour, this means that the 5th highest cost to practice mandatory bar in the U.S. will just be that much more expensive. Nevada will top out at just over $1,000 per year between mandatory annual fees of $490 and soon, 13 hours of mandatory continuing legal education.

The original petition asked that of the current 12 required hours of continuing legal education, 1 CLE credit be mandated in the area of “substance abuse, addictive disorders and/or mental health issues that impair professional competence.” Somewhere along the way, however, there was an increase in the total hours required. It became a petition that increases annual mandatory hours from 12 to 13 with the new required hour in the aforementioned areas.

Petition ADKT 0478 was filed with the Nevada Supreme Court in January 2016 with oral argument last June. Unfortunately, the chance to either complain or to applaud has come and gone. It’s only a matter of time now for the Court to issue its Order for ‘lucky’ No. 13. To quote Hank Jr., “It’s all over but the crying.”

Gobsmacked.

I really must crawl out from under my desert boulder. How did this newest imposition, this latest cost to practice burden slip past? The gobsmacking news came by way of the Nevada Bar’s “Message From The President” in the April 2017 Nevada Lawyer magazine.

I rarely read the dull bar magazine except for checking the Bar Counsel Report each month to see if anyone I know has been pierced by the sword of lawyer discipline. For some reason, I read Nevada Bar President Bryan Scott’s presidential epistle in April where he briefly mentioned the mandatory bar bureaucracy’s latest ‘feel-good’ do-something impediment. Scott also helpfully offered that “Supplementing this petition, the state bar has enhanced its curriculum to ensure attorneys have access to quality CLE programs related to these important topics.” Well, that’s no surprise. CLE is big business for state bars.

To be fair, in reply to my ‘ how dare you’ email query, Scott said, “We did not do this as a money-making venture. In fact, should the Court issue an order, we expect to offer a CLE on this topic at no charge.” Let’s see how long that lasts.

No proof CLE does anything.

I won’t paraphrase Roger “Verbal” Kint but the greatest trick ever pulled was convincing the legal establishment that forcing lawyers to take continuing legal education classes would make them more competent, more ethical, more professional or in the latest wrinkle in Nevada — more sober. The fact is there’s never been empirical proof that CLE delivers more competency, ethics, professionalism — or sobriety. As a matter of fact, there isn’t even the most rudimentary form of subject matter assessment since CLE participants are never tested to see what they have learned. The testing demands are greater getting a speeding ticket dismissed via a defensive driving course.

As for tutoring the trait of improved sobriety, the petition does a terrible job of explaining why a mandatory CLE in abuse, addiction and mental health issues is necessary. To be fair, there’s a talking point Scott sent that mentions studies from the 80’s that “have shown a connection between the legal profession and higher rates of mental health issues and related addictive disorders.” The same reference adds that “In February of this year, a more definitive study was released showing attorneys display addiction levels of dependent drinking at 20.6 percent as compared to 11.8 percent of a generally highly educated workforce.”

If that’s true, the rest of the population is in even worse shape. Should the Nanny State start requiring everybody take a class in sobriety? According to a Newsweek report, 30 percent of Americans have had an alcohol-use disorder. Citing a study published in the journal JAMA Psychiatry, the article states: “America has a drinking problem, and it’s getting worse. A new study shows that 32 million Americans, nearly one in seven adults, have struggled with a serious alcohol problem in the last year alone. It gets worse if you look at numbers across people’s entire lives: In that case, nearly one-third have suffered an “alcohol-use disorder.”

https://cdn.someecards.com/someecards/usercards/630ae40facf324702bf98d936c73f348eb.pngBut even if you take at face value that lawyers are worse on substance abuse/mental health than the rest of the population, where’s the proof a one-hour class does anything to fix the problem? Then again, if there’s one thing lawyers are good at is reaching their conclusions.

So appropriately, under “Conclusion,” the petition jumps to the conclusion that because the board of governors’ purposes include “upholding the honor, integrity, professionalism and dignity of the profession of law and the enhancement of the professional competence and ethical conduct of members of the bar . . . mandatory education in abuse, addiction and mental health is necessary.” And it’s also “essential to public protection.”

More lawyer shape-shifting in the offing.

In September last year, the Florida Supreme Court approved a rule amendment granting Florida the dubious distinction of being first to require lawyers to take at least three hours of CLE in an approved technology program as part of the 33 total hours of CLE that Florida lawyers are forced to take over a three-year period. More than half the states have adopted the duty of technology competence for lawyers. It’s only a matter of time before other jurisdictions follow Florida and start demanding mandatory CLE in technology courses, too.

The ABA is the organization we have to ‘thank’ for these new recommended mandates, including mandatory substance abuse CLE. And it now has one more recommended lawyer transformation encumbrance in the works. Be on the look out for mandatory diversity continuing legal education.

Not satisfied with approving a new diversity policy for itself directing its ABA CLE program panelists be diverse, last June the ABA passed Resolution 107.  It asks “licensing and regulatory authorities that require MCLE to make diversity and inclusion programs a separate credit, but without increasing the total number of hours required.”

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Photo credit: “Surprise,” by Erik Cleves Kristensen at Flickr Creative Commons attribution license; “the view from below” by David Long at Flickr Creative Commons attribution license.

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Had I waited another day, I could’ve added one more head shake to my last post. Last night, the Arizona Republic reported Jodi Arias prosecutor Juan Martinez would not be disciplined over the publication of his book about the Jodi Arias murder trial.

Several bar complaints were separately filed against Martinez last year in connection to the internationally notorious murder case. In its story, the Republic makes particular mention of the bar complaint filed by the local defense lawyer bar that in part accused Martinez of violating ethical rules regarding “the existence and content of certain exhibits previously sealed by court order.”

There’s little doubt the complaining defense lawyers aren’t pleased with the decision of the Arizona Supreme Court’s Attorney Probable Cause Discipline Committee. The Committee reviews Arizona State Bar recommendations for attorney discipline.

It is also a group which parenthetically happens to have a petition pending before the Arizona Supreme Court that would permit the imprudent entrenchment of its current membership by removing the two consecutive three-year limitation on members’ terms of office.

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According to the news report, the Committee dismissed a charge filed against Deputy Maricopa County Attorney Juan Martinez for writing the book, Conviction: The Untold Story of Putting Jodi Arias Behind Bars.

The story quotes from the Committee’s decision, “This matter is being dismissed as respondent obtained permission from his employer to disseminate information relative to his representation in the state v. Arias case. Similarly, while his book made general reference to the existence of sealed testimony and exhibits, the references did not contain specific content and was, in some circumstances, publicly available despite the court order(s) sealing the testimony and exhibits.”

Interestingly, demonstrating that book writing about a trial is not the sole province of the prosecution, Arias’ former defense lawyer Kirk Nurmi was disciplined over an ethical violation involving publication of a ‘tell all’ book without client consent, Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial.  However, in Nurmi’s case, the sanction was disbarment. See “Jodi Arias’ defense lawyer agrees to be disbarred over tell-all book rather than face disciplinary hearings”

There’s an ethical rule, ER 1.9, that prohibits a lawyer who has formerly represented a client in a matter from thereafter using information relating to the representation to the disadvantage of the former client except as permitted by the ethical rules “or when the information has become generally known.” The trick, of course, comes in defining what is “generally known.”

The rule is not without its critics, one of the most notable being Michael Cicchini. Also see Cicchini’s “On the Absurdity of Model Rule 1.9,” 40 Vermont L. Rev. 69 (2015) and his “Petition to Modify SCR 20:1.9(c).” filed last year with the Wisconsin Supreme Court

File:"As we see 'em," a volume of cartoons and caricatures of Los Angeles citizens (1900) (14773300391).jpgVagaries of Proportionality.

There are rules governing the imposition of lawyer discipline. But when it comes to when and how those rules are applied, weighted, and especially how sanctions are proportioned remains anybody’s guess. One wonders, for instance, if another lawyer similarly situated but less well-known than Martinez would have received the same pass on discipline?

No less than the Arizona Supreme Court has recognized that when it comes to reviewing similar cases to assess the proportionality of the recommended sanction, proportionality review is “an imperfect process.” In re Owens, 182 Ariz. 121, 127, 893 P.3d 1284, 1290 (1995). This is because no two cases “are ever alike.” Id

Frankly, there are times when the sanction meted out appears to bear little resemblance to so-called similar cases. See, for example, the disciplinary case of Edward Moriarity where pursuant to a settlement the accused attorney was disbarred in Arizona — a sanction no other reciprocal jurisdiction opted to follow. Indeed, the sanction was subsequently criticized by a federal judge as noted in Board of Prof’l Responsibility v. Moriarity 345 P.3d 51 (2015). Also see “Wyoming Supreme Court Censures Montana Attorney.”

After reviewing the attorney’s notification of the Arizona disbarment, Judge Dana L. Christensen, Chief United States District Judge for the District of Montana, issued an order declining “to impose any discipline at this time. However, if the Montana Supreme Court decides to levy discipline, this Court will revisit the matter at that time.” Moreover, Judge Christensen discussed “substantial reasons not to order identical discipline” not the least being that it “was grossly disproportionate to Moriarity’s alleged misconduct.”

To further make his point, the judge cited an earlier case where the Arizona Supreme Court had suspended an attorney for six months after the attorney was found to have filed multiple frivolous actions over the course of several years whereas by contrast, Moriarity was disbarred on the accusation of having filed “only one frivolous lawsuit.”

To protect not to punish.

File:Stuart Chapin and Company (3093686330).jpgHas there ever been a disciplined lawyer — let alone a zealous bar counsel prosecutor — that hasn’t deemed the sanction imposed a punishment? The state supreme court, however, steadfastly demurs reflexively noting it “has long held that ‘the objective of disciplinary proceedings is to protect the public, the profession and the administration of justice and not to punish the offender.’” Alcorn, 202 Ariz. at 74, 41 P.3d at 612 (2002) (quoting In re Kastensmith, 101 Ariz. 291, 294, 419 P.2d 75, 78 (1966).

All the same, one can’t help but be reminded of the oft-quoted spare-the-rod-spoil-the-child sop: This hurts me more than it hurts you.” Like sanctions ‘to protect not to punish,’ the words are counterintuitive cold comfort for those on the receiving end.

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Photo Credits: Dog gif “Really,” at Giphy.com; “As we see ’em,” at Wikimedia Commons;“As we see ’em,” at Wikimedia Commons; Building gif, at Giphy.com; Stuart_Chapin_and_Company_(3093686330).jpg at Wikimedia Commons, public domain.

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https://cdn.morguefile.com/imageData/public/files/l/larryfarr/10/l/13817963898k84q.jpgOver the holidays, I finished reading lawyer and social activist Bryan Stevenson’s extraordinary memoir, Just Mercy. Not only does Stevenson humanize the incarcerated by telling their stories but he goes marrow deep in describing endemic injustices in our criminal justice system.

Perhaps it’s because so many of the lawyers I’ve come to like and admire are criminal defense attorneys that I’ve found myself reading to understand their work. The best of them are lawyers who despite the odds remain willing to represent defendants who New Jersey Supreme Court Justice Barry Albin once wrote are “treated as just another fungible item to be shuffled along on a criminal-justice conveyor belt.”

In reading books like Just Mercy, I follow a thread begun when I first picked up David Cole’s 1999 seminal standard, No Equal Justice: Race and Class in the American Criminal Justice System. I later read John Grisham’s The Innocent Man: Murder and Injustice in a Small Town. Grisham’s nonfiction book left me disgusted and angry. That book was followed by Steven Bogira’s Courtroom 302: A Year Behind the Scenes in an American Criminal Courthouse.

And more recently still tripping the outrage meter, there’s been Radley Balko’s Rise of the Warrior Cop: The Militarization of America’s Police Forces and Michael Cicchini’s Tried and Convicted: How Police, Prosecutors, and Judges Destroy Our Constitutional Rights.

These aren’t books just for lawyers. Every U.S. resident should read them. Forewarned is forearmed. Indeed, Cicchini’s latest, the equally excellent, Convicting Avery: The Bizarre Laws and Broken System behind “Making a Murderer,” to be published in April, will hopefully all but ensure average citizens do all they can to stay far away from the machinery of criminal justice. Too many times, it seems, the sad message for the Average Joe and Jane coming from unequal justice literature is if you don’t have money for a defense — you’re going to get screwed.

https://cdn.morguefile.com/imageData/public/files/c/click/preview/fldr_2008_11_08/file000521358819.jpgAll of which gets me back to Just Mercy and what’s stayed with me since reading it. It was the chapter almost near the end of the book where Stevenson talks about the one night 25 years into his fight against excessive punishment, mass incarceration, and racial and economic injustice, and when at extremely low ebb, he despairs over our “broken system of justice.” He is ready to stop. “I can’t do this anymore,” he writes. “I can just leave. Why am I doing this?”

But through his soul crisis, he comes to a powerful epiphany. Stevenson writes: “My years of struggling against inequality, abusive power, poverty, oppression, and injustice had finally revealed something to me about myself. Being close to suffering, death, executions, and cruel punishments didn’t just illuminate the brokenness of others; in a moment of anguish and heartbreak, it also exposed my own brokenness. You can’t effectively fight abusive power, poverty, inequality, illness, oppression, or injustice and not be broken by it.

“We are all broken by something. We have all hurt someone and have been hurt. We all share the condition of brokenness even if our brokenness is not equivalent.”

https://cdn.morguefile.com/imageData/public/files/o/Oleander/12/l/1418846725d5h3t.jpgAnd then in one of the book’s most arrestingly inspirational passages, Stevenson cites a quote  once heard and attributed to writer Thomas Merton, “We are bodies of broken bones. I guess I’d always known but never fully considered that being broken is what makes us human. We all have our reasons. Sometimes we are fractured by the choices we make; sometimes we’re shattered by things we would never have chosen. But our brokenness is also the source of our common humanity, the basis for our shared search for comfort, meaning, and healing. Our shared vulnerability and imperfection nurtures and sustains our capacity for compassion.

“We have a choice. We can embrace our humaneness, which means embracing our broken natures and the compassion that remains our best hope for healing. Or we can deny our brokenness, forswear compassion, and, as a result, deny our own humanity.”

In his Ted talk below, Bryan Stevenson revisits this and more, including “The opposite of poverty is justice.” For more insights watch the video and read Just Mercy.

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Credits: Morguefile.com, no attribution license.

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Dinner for One | by Georgie PauwelsOverlook for the moment what a Canadian judge said in settling a Saskatoon, Saskatchewan canine custody conflict about where a divorcing couple’s dogs would live. Spare me now the case histories, legal citations and genuflections to ancient custom that characterize and ‘justify’ dogs as so much chattel — mere inanimate objects — property like a toothbrush, a table lamp or what Court of Queen’s Bench Justice Richard Danyliuk analogized to “the family butter knives.”

https://cdn.morguefile.com/imageData/public/files/l/lauramusikanski/10/p/c1b5a7e39758f723c46b1ea6875e227a.jpgI don’t know anyone who treats a lamp, a toothbrush or a set of butter knives the way most of us treat our pets. “Am I to make an order that one party have interim possession of [for example] the family butter knives but, due to a deep attachment to both butter and those knives, order that the other party have limited access to those knives for 1.5 hours per week to butter his or her toast?”

This year, Americans will spend well over $60 billion on their pets. One fourth of that will be for veterinary care. Granted, they aren’t children. But clearly that doesn’t stop many of us from treating them like kids with fur.

“Dogs are wonderful creatures,” wrote the jurist in his 15-page order. But despite the feel-good bromides and empty nods to societal views about companion animals treated like “family,” Justice Danyliuk nonetheless admonished the couple’s inability to settle for themselves “an issue unworthy of this expenditure of time, money and public resources.” He further lamented the “wasteful” use of judicial resources “which should be discouraged.”  See “Judge rules dogs should not be treated like kids”

Ah — as though every matter seeking a legal remedy or a prayer of juridical wisdom was always of great moment and exceptional portent. And if only people had capacities so facile to solve disputes writ large and small, petty and important on their own — without employing courts and lawyers and without “demeaning for the court and legal counsel to have these parties call upon these legal and court resources because they are unable to settle . . . .”

But better still, the best rebuttal to pets as butter knives is my favorite video of the year.

Happy New Year to those we rescue and to those that rescue us.

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Credits: Dinner for One, by Georgie Pauwels at Flickr Creative Commons attribution license; morguefile.com, no attribution license.

 

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https://upload.wikimedia.org/wikipedia/commons/thumb/5/54/GrouchoCaricature.jpg/330px-GrouchoCaricature.jpg

“I don’t want to belong to any club that would have me as a member.” – Groucho Marx

Earlier this month, a white Austin lawyer filed a federal discrimination lawsuit against members of the Texas State Bar’s Board of Directors claiming the Bar is “violating the Equal Protection Clause by maintaining a race- and sex-based quota scheme on its Board of Directors.” Solo family law attorney Greg Gegenheimer alleged he’s being unconstitutionally discriminated against because the Texas Bar won’t consider him for one of the four board seats statutorily designated for minority members.

This is the latest of the Texas Bar’s constitutional kerfuffles. At the end of last year, Texas Governor Greg Abbott accused the Bar of religious discrimination for refusing to accredit a continuing legal education (CLE) class on Christian ethical perspectives in the legal profession sponsored by San Antonio’s St. Mary’s University School of Law.

minority-director-soughtAs for Gegenheimer’s suit, Texas law states “four minority member directors appointed by the President of the State Bar” must serve on the Bar’s board. “Minority member” means a state bar member who is “female, African-American, Hispanic-American, Native American, or Asian-American.” Gegenheimer’s complaint alleges the Bar is prohibiting white men from being nominated or even considered for the open minority-member positions posted for the board.

Seriously? Why would any lawyer pick a fight to sit on any compulsory membership state bar’s governing board — unless it was to disrupt the collection of sycophants, suck-ups and social climbers that calcify there?

Legal elites detest dissenters — but if Gegenheimer wants to sit on the board as a disruptive force — well more power to him.

The preferable constitutional battle.

But a squabble over bar quotas is merely an undercard. The main event, the better bout is defending the First Amendment free speech and free association rights of Texas lawyers by eradicating compulsory membership in the Texas Bar. Now that’s the fight worth having.

https://i0.wp.com/wiki.ncac.org/images/e/ed/FirstAmendment.jpgAnd as for filling its minority-member vacancies, the Texas Bar most likely can’t persuasively argue a sufficient constitutional interest for imposing a sex and race based quota for appointments to its board. (Not to say there hasn’t been a basis for assuring some semblance of minority representation in Texas given the Lone Star State’s rather inglorious past and recent history).

Rather than contesting race and sex based numerical requirements, Texas lawyers should be revisiting the still dubious foundations of coercive bar association membership. Granted, the only compelling state interest the U.S. Supreme Court has found to justify it is improving the practice of law through the regulation of attorneys. Yet 18 states—Arkansas, Colorado, Connecticut, Delaware, Illinois, Indiana, Iowa, Kansas, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, Ohio, Pennsylvania, Tennessee, and Vermont—have already found ways to regulate attorneys without compelling membership. To say that in Texas and in 31 other jurisdictions that this interest cannot be achieved through less restrictive means, simply ignores reality. Mandating membership in any state bar association crosses “the limit of what the First Amendment can tolerate”1 when there are less restrictive means available.

Meantime, you can read Gegenheimer’s complaint here. His suit is being backed by the Project on Fair Representation, an organization which calls itself “a public interest organization dedicated to the promotion of equal opportunity and racial harmony.” It goes on to add, “The Project works to advance race-neutral principles in the areas education, public contracting, public employment, and voting.”

In actuality, I seriously doubt Gegenheimer wants to serve as one of the board’s minority-member designees. After obtaining a declaratory judgment that the minority-member law violates the Equal Protection Clause, what he really wants is a preliminary and a permanent injunction preventing the Bar from enforcing that law.

Yet the broader view is for Texas lawyers and other lawyers forced to join bar associations as preconditions to practice to instead work to protect their fundamental rights of free speech and freedom from coerced association that forces them to pay compulsory dues whether or not they subscribe to the viewpoints, activities and agendas of that association.

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1Knox v. Service Employees Intern. Union, 132 S. Ct. 2277, 2291 (2012).

Credits: Groucho Marx caricature drawn by Greg Williams via Wikipedia Commons, licensed under the Creative Commons Attribution ShareAlike 2.5 License; FirstAmendment.jpg under Attribution-NonCommercial-ShareAlike 3.0 Unported.

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On Sunday, the local paper ran a front page story about how $4.6M in charitable contributions was spent. It was only news because of the way some of that money was distributed to the beneficiaries.

In the aftermath of the sixth-largest loss of life for firefighters in U.S. history, millions of dollars in donations came pouring in from around the country. The donations, big and small, were meant for the surviving families of the 19 Granite Mountain Hotshots, an elite group of firefighters who died in a wildfire near Yarnell, Arizona in 2013.

WTF | by ulricaloebAccording to the investigative report by the Arizona Republic’s Robert Anglen, “One of the key organizations responsible for managing those donations now questions how some of the money was used, with hundreds of thousands of dollars spent on sightseeing trips, high-end restaurants and hotels for hotshots’ families.”

My point in mentioning this head-shaking story is not to pick on the surviving families who as Anglen points out, “did nothing wrong in accepting the donations.” Or is it to unnecessarily dwell upon what amounts to a pretty embarrassing and disastrous public relations snafu for the charities and their management. The paper’s investigative story does all of that and then some.

It’s merely to highlight once again one of life’s most sacred and unhappy truths. The easiest money to spend is always somebody else’s.

https://upload.wikimedia.org/wikipedia/commons/thumb/2/20/Portrait_of_Milton_Friedman.jpg/385px-Portrait_of_Milton_Friedman.jpg

Milton Friedman

I’ve known this all my life. And it’s one of the principal reasons that organizational, business and government transparency and the lack thereof aggravates and animates me so much. As a matter of fact, it is one of the two key drivers of my quest to reform mandatory bar associations. You don’t get any more high-handed and cavalier in spending somebody else’s compulsory dues money than the tin-eared bureaucrats running our nation’s mandatory bar associations.

The other energizer is of course, reclaiming and protecting the First Amendment freedoms of lawyers, which like the Constitutional rights of all Americans are being eroded everyday.

As for transparency and “on whom money is spent,” Nobel prize-winning economist, the late Milton Friedman said it best some 36-years ago in Free to Choose co-authored with his wife, Rose.

 

Friedman knew that if it’s someone else’s money — there’s no accountability and no real consequences as to how that money is spent.

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Credits: money, at Morguefile, no attribution; “WTF,” by ulricaloeb at Flickr Creative Commons attribution license; Portrait of Milton Friedman by Robert Hannah 89, The Friedman Foundation for Educational Choice via Wikipedia, public domain; chart via Youtube video.

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