So what if I don't know what Armageddon means?It's not the end of the world
All this drama in the world. Makes me want to watch a nice light movie.You know... Like Armageddon.
So what if I don't know what Armageddon means?It's not the end of the world
All this drama in the world. Makes me want to watch a nice light movie.You know... Like Armageddon.
"a member of The Florida Bar in good standing for the previous 5 years and is experienced in the practice of law of workers’ compensation."
"Each member shall have six or more years of recognized expertise in the field of workers' compensation," Ohio Revised Code section 4121.02(A).
"seeking a reversal, alleging each of the three commissioners is legally unqualified to do the job, which by law requires six years of “recognized expertise in the field of workers’ compensation.”
"This amounts to nothing more than a poor legal strategy to avoid having claims heard by the members of the Industrial Commission."
"I was lookin' for love in all the wrong placesLookin' for love in too many facesSearchin' their eyesLookin' for traces of what I'm dreaming of"
Rule 4-5.4 (d) Exercise of Independent Professional Judgment. A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer’s professional judgment in rendering such legal services.
RULE 4-1.2 OBJECTIVES AND SCOPE OF REPRESENTATION (a) Lawyer to Abide by Client's Decisions. A lawyer shall abide by a client's decisions concerning the objectives of representation, subject to subdivisions (c), (d), and (e), and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client's decision whether to make or accept an offer of settlement of a matter. In a criminal case, the lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial, and whether the client will testify. (Emphasis added).
"Loyalty to a client. Loyalty and independent judgment are essential elements in the lawyer’s relationship to a client. Conflicts of interest can arise from the lawyer’s responsibilities to another client, a former client or a third person, or from the lawyer’s own interests."
"RULE 4-8.4 MISCONDUCT A lawyer shall not: (a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;"
"RULE 4-8.3 REPORTING PROFESSIONAL MISCONDUCT (a) Reporting Misconduct of Other Lawyers. A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects must inform the appropriate professional authority."
Mediator Ethics Advisory Committee, Advisory Opinion MEAC 2011-003 concludes that "a certified mediator may report an attorney's misconduct, solely for the internal use of the body conducting the investigation of the conduct, without violating ethical duties."
All of that said, some hearing of such a rumored "firm committee" will see a parallel to the instances in which an employer or carrier ends a negotiation with "I will have to get further approval" or "the tentative deal will be subject to approval of ____________." As noted above, this may or may not be a negotiating tool. Anyway, there are certainly parallels to the "firm committee" discussion.
Nonetheless, those instances are not the same. They are the internal workings of a party that wishes to utilize some internal process or procedure. These are not instances in which a defense lawyer is saying, "The E/C cannot settle until my law firm committee approves." One example is internal to a party, and the other is perceived as a law firm prohibition or hurdle for the lawyer and the client.
An E/C delaying for internal approval by someone(s) is more akin to an injured worker who wants time for discussion with a significant other, faith professional, children, or similar confidant(s). In both cases, that worker or E/C delaying for such consultation is a decision of the party, the client, and is not the same as a lawyer even appearing to say that settlement cannot occur without the approval of a law firm or its committee.
In conclusion, the "committee" is presently a rumor, and may bear no consideration. A negotiator faced with such a perceived or expressed limitation may nonetheless have much to think about.
You, the client, have the right to receive and approve a closing statement at the end of the case before you pay any money. The statement must list all of the financial details of the entire case, including the amount recovered, all expenses, and a precise statement of your lawyer's fee. Until you approve the closing statement, your lawyer cannot pay any money to anyone, including you, without an appropriate order of the court. You also have the right to have every lawyer or law firm working on your case sign this closing statement.""You, the client, have the right to ask your lawyer at reasonable intervals how the case is progressing and to have these questions answered to the best of your lawyer's ability.""You, the client, have the right to make the final decision regarding settlement of a case. Your lawyer must notify you of all offers of settlement before and after the trial. Offers during the trial must be immediately communicated and you should consult with your lawyer regarding whether to accept a settlement. However, you must make the final decision to accept or reject a settlement." (Emphasis added).
One of the true cinematic pinacles of all time was the joint foray of an incredible ensemble cast in A Fish Called Wanda (MGM 1988). The presence of comic icons John Cleese and Michael Palin (Mony Python) was amazing, but many think Otto (Kevin Kline) stole the show even away from the inimitable Jamie Lee Curtis (Wanda).
Kline won an academy award for best supporting actor (but was brilliant nonetheless). The same ensemble tried to make a spiritual successor (Fierce Creatures, Universal 1997), but it was flat, uninteresting, and uninspired. Nonetheless, Wanda has had staying power.
Without a doubt, the director (Charles Crichton) and writer (John Cleese) should have been recognized (you heard it here). They were each nominated, an honor in itself, but the writing and directing there were stellar. There are so many classic lines in this film. Reading the film's quotes documented by IMDB may bring a tear.
I am drawn back to Wanda this morning because of the volume of nonsense that is seen across the country in various litigation filings. We see sentences like that. There are rampant examples of msiipellngs. Some is more esoteric (I never really grasped participles and dangling ones are more difficult still). It is noteworthy that these filings mostly come from lawyers. Certainly, there are pro se litigants, but often their filings are clearer, cleaner, and more professional.
Beyond the pure spelling, grammar, and completeness, there are challenges with legal knowledge. Thus, I was drawn back to Otto, and his repetitive warning to Wanda, "Don't call me stupid." It becomes clichéd as the movie progresses, but each iteration draws the intended laugh. Pure comedic genius.
Eventually, Wanda responds in spades:
Otto West: Don't call me stupid.
Wanda: Oh, right! To call you stupid would be an insult to stupid people! I've known sheep that could outwit you. I've worn dresses with higher IQs. But you think you're an intellectual, don't you, ape?
Otto West: Apes don't read philosophy.
Wanda: Yes they do, Otto. They just don't understand it. Now let me correct you on a couple of things, OK? Aristotle was not Belgian. The central message of Buddhism is not "Every man for himself." And the London Underground is not a political movement. Those are all mistakes, Otto. I looked them up.
That bit about Buddhism is absolutely classic. I checked in with a Buddhist friend, and sure enough, the central message is not "every man for himself." Who knew?
Is it practical to understand statutes, rules, and cases that we read? I think the answer to this has to be an unequivocal "yes." It is both possible and practical. The rub is that it actually requires reading and thinking. Why do people hire a lawyer? So many among the population can read a statute, rule, or case. But, as Wanda proclaims, it is possible that "They just don't understand it."
I have serious doubts that this is because they are incapable of comprehension. The more probable driver is the inexorable pull of so many priorities in the practice of law or handling of claims. There is value in both having and taking the time to read, not just skim, but read. The reader must be striving for comprehension, and the analytical mind must consider the words and the context.
The reader is encouraged to test the knowledge gained. Conversation is an ideal tool for this. Asking someone to share their thoughts or interpretation may yield confirmation or controversy. But the reader should take either as a path to continued study and contemplation. This is analysis; Linocoln may have said "a lawyer's time and advice are his stock in trade."
Nonetheless, she contends that change is coming to the law. Her argument is that venture capital will come for big law as it has for so much else. She reminds us critically that the "service the lawyer renders is ... professional knowledge and skill." And that is a fair point. Read the law. Draft coherently. File timely. Argue accurately. Behave professionally. Even apes can read philosophy, but try to have a conversation with one.
If you are selling knowledge and skill, shouldn't your intellect shine through in drafting, articulation, interrogation, and more?
Say what you like about this post, but "Don't call me stupid."
“Seeing these people in higher positions, you expect them to be law-abiding citizens or uphold the law very well, so, just very surprising to see something like that.”
"National Highway Traffic Safety Administration (NHTSA) to write new rules requiring automakers to install anti-drunken-driving technology in new cars within five years after passage" (November 2021).