Call it what it is
The Bar Journal reports (November) that Daniel N. Busby was summarily disbarred
for a crime of moral turpitude because he was found guilty of scamming a woman
he offered to help recoup a large amount of money she lost in the stock market.
On the other hand, Ward Douglas Smith was merely suspended when in March 2005,
he was convicted of two counts of felony domestic battery with corporal injury
and misdemeanor violation of a protective order. The convictions involved two
incidents of battering his wife. In September 2005, Smith pleaded guilty to
a year in Orange County jail.
Summary disbarment follows many crimes including harboring a fugitive, perjury
and subornation of perjury, solicitation of great bodily harm, exhibiting a
replica of a firearm in a threatening manner to cause fear or bodily harm to
another, and multiple instances of driving with a suspended or revoked license,
where circumstances revealed lawyer also was intoxicated.
If Ward Douglas Smith had threatened his wife with something that looked like
a gun, or hired someone else to batter her, his license would have been permanently
lifted. Apparently, moral turpitude does not extend to beating up your wife
or contempt short of court when the court told you not to beat up your wife.
There is a problem here. California women are far more likely to be the victims
of spouse abuse than stock market scams. The spouses of California lawyers deserve
the same respect that the State Bar extends to clients in disbarring offending
attorneys. Criminal conviction of felony domestic battery should be recognized
as a crime of moral turpitude and grounds for summary disbarment.
Margaret A. Gannon
Oakland
Disclose your vices
Since the original rule to do so, I have always listed my lack of malpractice
insurance on my representation agreement. I charge low fees and cannot afford
the insurance. I also believe such a disclosure may discourage lawsuits —
or the threat of same in order to get some sort of settlement. Auto insurance
requirements, resulting in people’s constant expectation of payments and
“injury” compensation for every little fender bender make this belief
seem quite valid.
However, requiring attorneys to make this disclosure is odious. Supposedly,
this requirement is meant to help clients pick a good attorney. Personally,
if I were a client, I’d rather know if my potential attorney had an alcohol
or drug or emotional problem, which the bar admits often causes attorneys to
harm their clients, and, in fact, is even deemed a “mitigating”
factor in attorney discipline. How about requiring attorneys to disclose their
drug, alcohol and emotional problems to potential clients?
The way to attempt to give clients honest, competent attorneys is to disbar
attorneys who harm clients. The bar discipline system is a joke. I cannot read
the summaries of disciplined attorneys each month without my blood pressure
rising.
I read summaries of disciplined attorneys who often harm clients over and over
again, often over many years, while the discipline system, which I am forced
to fund, gives these “rehabilitated” transgressors second and third
and more opportunities to continue harming clients.
Lore K. Spangler
Los Angeles
Try being honest
It is obvious to even this white male that the changes in domestic violence
law occurred after women gained political equality with men, not before. By
placing people from different backgrounds in positions of power, different decisions
are going to be made. Those arguing for diversity have a responsibility to drop
the “diversity for diversity sake” argument and be honest about
why they want diversity — to promote social change. A lack of boldness
and honesty in argument is never healthy (or productive).
William Briggs
Alturas
Amusing or insulting?
I was amused to open the most recent statement from the bar for annual dues
and to discover that the toll for inactive membership has gone from $50 a year
for nothing, to $125 a year for nothing. Now that is inflation! More amusing
is the language used by the bar which permits members to opt out to the tune
of $5 a year under the Keller case (for those who do not wish to “address
bias in the legal profession”).
The use of such language on the dues statement is not only an insult to
the membership, but a misstatement of the facts in Keller wherein the bar’s
board of governors were precluded from using mandatory dues for what was and
continues to be naked partisan political activities.
Steve Martini
Bellingham, Wash.
|