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	<title>borealnemeton.org &#187; The Wealthy and their Wealthy Lawyers</title>
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		<title>Pro Bono is Antisocial, US Judge Says</title>
		<link>http://borealnemeton.org/on-the-legal-system/pro-bono-antisocial</link>
		<comments>http://borealnemeton.org/on-the-legal-system/pro-bono-antisocial#comments</comments>
		<pubDate>Wed, 15 Oct 2008 12:29:23 +0000</pubDate>
		<dc:creator>Borealis</dc:creator>
				<category><![CDATA[On the Legal System]]></category>
		<category><![CDATA[courtwatching]]></category>
		<category><![CDATA[The Wealthy and their Wealthy Lawyers]]></category>
		<category><![CDATA[Things that are not okay]]></category>

		<guid isPermaLink="false">http://borealnemeton.org/?p=101</guid>
		<description><![CDATA[From Second Circuit Chief Judge Dennis Jacobs: Pro bono work primarily is an &#8220;antisocial&#8221; and self-serving activity lawyers use to develop their skills, firms use to recruit and &#8220;give solace&#8221; to associates, and nonprofits use to further a political agenda, Judge Jacobs argued. In particular, litigation against the government and government officials and impact litigation [...]]]></description>
			<content:encoded><![CDATA[<p>From Second Circuit Chief Judge Dennis Jacobs:</p>
<blockquote><p>Pro bono work primarily is an &#8220;antisocial&#8221; and self-serving activity lawyers use to develop their skills, firms use to recruit and &#8220;give solace&#8221; to associates, and nonprofits use to further a political agenda, Judge Jacobs argued.</p>
<p>In particular, litigation against the government and government officials and impact litigation are attempts to improperly expand the courts&#8217; reach in legislative matters, the judge said.</p></blockquote>
<p>These were his remarks to a gathering of the Federalist Society in Rochester, NY.  More at <a href="http://www.nydailyrecord.com/">The Daily Record</a>, <a href="http://legalblogwatch.typepad.com/legal_blog_watch/2008/10/us-judge-pro-bo.html">Legal Blog Watch</a>, and the <a href="http://www.acsblog.org/judiciary-federal-judge-knocks-pro-bono-legal-work-as-antisocial.html">American Constitution Society blog</a>.</p>
<p>Judge Jacobs then goes on to deride pro bono practitioners for &#8220;honor[ing] each other, sometimes over and over.&#8221;</p>
<p>I&#8217;m sorry.  I guess the 400 hours that I spent in New Orleans helping indigent families clear title to their damages homes were purely for my private benefit&#8211;and perhaps their private benefit.  No public good (or <em>bono publico</em>) arose from that work.  It certainly didn&#8217;t improve property values in New Orleans by allowing neighborhoods to be cleaned up and rebuilt.  Nor did it improve overall morale in the city.  It definitely didn&#8217;t reduce homelessness or overcrowding in the city&#8217;s residential areas.</p>
<p>Oh, and all those indigent criminal defendants?  If they really needed representing, they&#8217;d hire somebody.</p>
<blockquote></blockquote>
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		<title>Client Ingratitude: It Ain&#039;t Just for Public Defenders Anymore</title>
		<link>http://borealnemeton.org/on-the-legal-system/whinydonald</link>
		<comments>http://borealnemeton.org/on-the-legal-system/whinydonald#comments</comments>
		<pubDate>Wed, 09 Apr 2008 14:31:44 +0000</pubDate>
		<dc:creator>Borealis</dc:creator>
				<category><![CDATA[On the Legal System]]></category>
		<category><![CDATA[Donald Trump]]></category>
		<category><![CDATA[public defender]]></category>
		<category><![CDATA[The Wealthy and their Wealthy Lawyers]]></category>

		<guid isPermaLink="false">http://borealnemeton.org/?p=20</guid>
		<description><![CDATA[What struck me about the article, though, was how The Donald describes his case:

    "Trump told the NYLJ that the law firm was preoccupied with fees throughout the case. 'Ninety percent of the conversations I had with David Scharf were about legal fees, not the case,' he said. 'We won the case because I’m a great witness'"]]></description>
			<content:encoded><![CDATA[<p>The WSJ Lawblog reports that <a href="http://blogs.wsj.com/law/2008/04/09/trump-claiming-he-has-phd-in-legal-fees-dukes-it-out-with-lawyers/?mod=WSJBlog">Donald Trump is suing his former lawyer for malpractice in a dispute over fees</a>.  His claim is that the lawyer committed malpractice by not counseling him to drop a count of his lawsuit on which the fees exceeded the damages.  At the end of the day, Trump won $2.04 million in damages, and $1.3 million in attorneys fees.  His actual fees were $1.47 million, and he&#8217;s refusing to pay $470,000.  That means that $300,000 of what the court awarded him <em>to pay his lawyer</em>, he&#8217;s keeping for himself.  I have trouble feeling sorry for him.<span id="more-20"></span></p>
<p>I have to say that the dispute between Donald Trump and the sort of lawyer who represents Donald Trump is one of the few in which I do not have a natural favorite.  Mostly, I say, let the rich people duke it out and I don&#8217;t care who comes out on top.  I have as much trouble feeling sorry for the lawyer who got $1 million in fees and thinks he&#8217;s coming up short.  Most American workers would think they had struck it rich if anybody paid them $1 million plus costs for a single project.</p>
<p>What struck me about the article, though, was how The Donald describes his case:</p>
<blockquote><p>&#8220;Trump told the NYLJ that the law firm was preoccupied with fees throughout the case. &#8216;Ninety percent of the conversations I had with David Scharf were about legal fees, not the case,&#8217; he said. &#8216;We won the case because I’m a great witness&#8217;&#8221;</p></blockquote>
<p>So the moral of the story for the next public defender who gets no love for winning a case: don&#8217;t worry, it happens to rich lawyers too.  Then again, they at least get money for it.</p>
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