THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH

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If It Aint Broke, Dont Fix It: Lawyers Criticize NYOCA Proposal on Fee Disputes
If you think that the title of this article is way too melodramatic, then read on to find out the implications of the Obama administrations latest move to scupper our sovereignty, and to half-murder our naval and marine rights in the process. Beginning Wednesday, Senator John Kerry, a Massachusetts Democrat is going to hold a series of hearings to convince the Senate why the nation should get LOST, or accept the U.N. Convention on the Law of the Sea Treaty. He is going to be joined by Hillary Clinton, Leon Panetta, and Martin Dempsey, in a show of solidarity to suffocate U.S. sovereignty and national rights.

05/24/12 The NY Office of Court Administration has received a spate of terse and vitriolic comments from lawyers all across the state on their proposed program for resolving fee disputes. Rochester attorney, Louis Kash, chair of the Monroe County Bar Associations fee dispute program wrote candidly to the OCA, If it aint broke, dont fix it. The criticisms come in wake of the OCAs proposal for disposing attorney fee disputes through arbitration, but bars attorneys who are subjects of disciplinary proceedings from participating in such processes. According to the OCA the fee dispute program is an inexpensive and efficient alternative to litigation. This is in line with the political school of thought that believes in destroying the separation of powers, demolishing the authority and prestige of the courts, and brings all decision making into the hands of bureaucrats. It is line with the thought that a selected group of people should have no say over what an elected group of people says and does. The objections of the attorneys are quite cogent. As pointed out by many, attorney disciplinary proceedings are confidential until an attorney is formally disciplined. However, the fee dispute program that prevents underprobe attorneys from participating could expose their status publicly and breach the necessity and rules of

confidentiality in attorney disciplinary proceedings. The New York City Bar Association has also openly opposed the proposed rule. Richard Supple, the chair of the NYCBA said, The mere fact of a complaint is hardly compelling evidence that the lawyer actually engaged in misconduct. Anthony Sabino of Sabino & Sabino, who works as a fee arbitrator in Nassau County said that in cases where attorneys initiate fee disputes, clients would be able to delay arbitration by filing frivolous complaints against the attorney. The fee dispute would then be delayed pending the decision of proceedings related to attorney misconduct. And, says Sabin, by that time, the fee could be beyond recovery. The current program allows arbitrators to decide and determine only whether a fee was reasonable or not. Arbitrators are barred from considering claims involving substantial legal questions, including professional malpractice or misconduct. The OCA holds this is why it has proposed that attorneys who are under investigation for professional misconduct be barred from participating in fee dispute programs. Well, those who make it their career to hold people are innocent until proven guilty are now being held by the OCA as guilty until proven innocent. Apparently neither Shakespeare, nor the Obama administration, and now the OCA, likes lawyers at all.

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THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH

LawCrossing
Legal Daily News Feature

Malvina Nathanson, an arbitrator with the New York County Lawyers Associations fee dispute program wrote tersely, Arbitrators understand that they cannot resolve issues of malpractice or other legal questions. However, whether the fees were reasonable in terms of the services rendered can be determined without regard to malpractice.

Reference link: http://newsandinsight.thomsonreuters.com/Legal/ News/2012/05_-_May/Comments_oppose_OCA_ proposal_on_fee_dispute_program/

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