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To: Labyrinthos
. . . there are cases out there indicating that the rule does not implicate the taking clause because its a condition for being allowed to practice law.

Thank you. That explains a lot.

I've often wondered why no one did anything about that. It seems overly dictatorial -- "If I let you have this, you have to let me have that." -- and no lawyer worth his salt (at least none that I know) puts up with that without a fight.

Does this apply specifically to trial lawyers, or is this required for all attorneys practicing in the state ?

79 posted on 12/09/2002 11:38:34 AM PST by reformed_democrat
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To: reformed_democrat
Does this apply specifically to trial lawyers, or is this required for all attorneys practicing in the state ?

This applies to all the lawyers in the state. When I first started practicing, I used to take pro bono cases from the local legal services clinic, but gave that up because I quickly learned that the people who pay the least, expect the most. Now I give my time to not-for-profit organizations rather than to individuals.

True story: I was once assigned a landlord/tenant case regarding the return of an $800 security deposit. I sent several letters to the landlord, and to then to the landlord's attorney, but she was not going to return the deposit, leaving me no choice, but to bring on a lawsuit in landlord/tenant court. By this time, I had already given about $400 worth of free time and told the client that the case would probably cost another $2000 in my time, and that we should try to settle because the landlord has some legitimate defenses to the claim. He refused because he wasn't paying for my time. I then offered to give him the entire $800 out of my pocket because that was less than half the cost of litigating and why should I have to give away $2000 or more in free legal services when I can write the client a check for $800 and be done with it. The client refused my offer because in his words, he wanted "justice." So we went to trial, and the entire dispute from begining to end cost nearly $3000 in my time, and when we lost the case, the client filed a claim against me with the grievance committee claiming that I was incompetent.

83 posted on 12/09/2002 12:02:09 PM PST by Labyrinthos
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