THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LawCrossing Legal Daily News Feature
“If It Ain’t Broke, Don’t 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 administration’s 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
confidentiality in attorney disciplinary proceedings.
The NY Office of Court Administration has received a
The New York City Bar Association has also openly
spate of terse and vitriolic comments from lawyers
opposed the proposed rule. Richard Supple, the chair of
all across the state on their proposed program for
the NYCBA said, “The mere fact of a complaint is hardly
resolving fee disputes. Rochester attorney, Louis
compelling evidence that the lawyer actually engaged
Kash, chair of the Monroe County Bar Association’s
in misconduct.”
fee dispute program wrote candidly to the OCA, “If it ain’t broke, don’t fix it.” The criticisms come in wake of
Anthony Sabino of Sabino & Sabino, who works as a fee
the OCA’s proposal for disposing attorney fee disputes
arbitrator in Nassau County said that in cases where
through arbitration, but bars attorneys who are
attorneys initiate fee disputes, clients would be able to
subjects of disciplinary proceedings from participating
delay arbitration by filing frivolous complaints against
in such processes.
the attorney. The fee dispute would then be delayed pending the decision of proceedings related to attorney
According to the OCA the fee dispute program is an
misconduct. And, says Sabin, “by that time, the fee
inexpensive and efficient alternative to litigation. This is
could be beyond recovery.”
in line with the political school of thought that believes in destroying the separation of powers, demolishing
The current program allows arbitrators to decide
the authority and prestige of the courts, and brings all
and determine only whether a fee was reasonable or
decision making into the hands of bureaucrats. It is
not. Arbitrators are barred from considering “claims
line with the thought that a ‘selected’ group of people
involving substantial legal questions, including
should have no say over what an ‘elected’ group of
professional malpractice or misconduct.” The OCA
people says and does.
holds this is why it has proposed that attorneys who are under investigation for professional misconduct
The objections of the attorneys are quite cogent. As
be barred from participating in fee dispute programs.
pointed out by many, attorney disciplinary proceedings
Well, those who make it their career to hold people are
are confidential until an attorney is formally disciplined.
innocent until proven guilty are now being held by the
However, the fee dispute program that prevents under-
OCA as guilty until proven innocent. Apparently neither
probe attorneys from participating could expose their
Shakespeare, nor the Obama administration, and now
status publicly and breach the necessity and rules of
the OCA, likes lawyers at all.
PAGE
www.lawcrossing.com
continued on back