Letters to the Editor
Not enough plaintiff risk
The article "Alleged abuses prompt review of consumer law" in the
February Bar Journal illustrates just one of the forms of lawsuit abuse that
threaten the livelihood of small businesses. However, the underlying motivation
behind virtually all forms of frivolous or malicious legal action is the fact
that plaintiffs have too little at risk in filing these actions.
While the measures cited in the article may be helpful in curtailing limited
instances of such abuse, lawsuit abuse will remain widespread until federal
legislation is enacted forcing any losing plaintiff to pay a portion of the
defendant's legal fees. If the plaintiff fails to prevail, some plaintiff-supplied
compensation should be available to the exonerated defendant, who had no choice
in the matter of being involved in the suit.
Weakly justified lawsuits, extortion or revenge-based lawsuits and lawsuits
by litigious parties such as habitually "disgruntled" former employees
threaten the finances of most businesses. Suitably structured legislation, in
which the percentage of an exonerated defendant's legal restitution by the unsuccessful
plaintiff increases the further the unsuccessful case progresses, would allow
for adequate early discovery while discouraging plaintiffs from filing and continuing
to pursue substantially baseless claims.
Joel M. Libove
Orinda
Biased terminolog
In reading the article about Eric Brooks ("A year as the only one'
at Boalt," February Bar Journal), I was struck by the use of the phrase
"underrepresented minority" to describe minority students at Boalt.
What exactly makes any minority group "underrepresented?" The article
implies that all minorities are automatically underrepresented simply because
they are minorities.
What is the relevant pool upon which this classification of "underrepresented"
is based? If 12 percent of the population is black and 10 percent of blacks
seek admission to law school, then totally disregarding qualifications, the
"correct" percentage of blacks in law school should be 0.12 percent;
meaning that one out of every 1,000 law students should be black. Would one
black student in a class of 270 then constitute an overrepresentation of that
minority?
Simply put, the inclusion of "underrepresented" before "minority"
is gratuitous editorializing of the author's political view in what purports
to be an objective news article.
I wonder if the author would consider whites to be underrepresented in the
NBA, NFL or MLB, considering that the percentage of blacks and other minorities
in these professions far exceeds their percentage in the general population.
I must have missed the memo from the State Bar advising me of the "fact"
that blacks and other minorities are underrepresented in the legal profession.
Ron Berestka
San Francisco
Plea for competent counsel
As one who fervently wishes that the U.S. had a real death penalty 100
within five years instead of the present five-in-a-hundred I strongly
support John A. Brock's position (January Bar Journal) on the rule requiring
competent counsel in capital cases. At present, the favorite ploy of death penalty
opponents whose stalling tactics make Saddam look like an amateur
is the claim that any defendant with a trial counsel less brilliant than Johnnie
C. has not been adequately represented. Occasionally they are right, of course,
so any rule that weeds out the obvious incompetents is devoutly to be wished.
Paul N. Wenger Jr.
West Hartford, Conn.
Praise for Kuehl
My article entitled "California Law Gets Even Friendlier to Families"
(January Bar Journal) did not mention that Sen. Sheila Kuehl, D-Santa Monica,
was the author of the Paid Family Care Leave Act landmark legislation.
Congratulations to Sen. Kuehl on the passage of this ground-breaking law.
Patricia A. Shiu
San Francisco
Disbar for life
Anybody who is guilty of a felony or moral turpitude needs to be disbarred and
be civilly and criminally prosecuted. End of story. When is the State Bar going
to stop making excuses for their lawyers? Anybody who is disbarred is disbarred
for life. Otherwise, why bother?
Richard B. Silbert
Inglewood
Silverton responds
One of the many misstatements in the January article ("Bar seeks Silverton's
second disbarment") mentions that I had a felony charge relating to facilitation
of adoptions, and that the charge was reduced to a misdemeanor. That felony
charge went to a jury and I was acquitted.
The misappropriation of trust fund accusation arose because the State Bar in
October of 2001, more than eight months after I sold my practice and the building
that housed it, decided to subpoena my trust account checks for the period July
1999 through January 2000 because of a complaint by a client who was not sure
his medical provider had been paid. The client tried to withdraw the complaint,
stating he was completely satisfied with my services.
During the period that the trust account checks were subpoenaed, there was
a transfer of trust account funds from one bank to another because the first
bank was closing down.
It is clear that the State Bar was looking for retribution against me when it
proceded to retry me on withdrawn complaints even after the first State Bar
judge to hear the evidence presented by the State Bar dismissed the case. The
cases filed against me were brought more than two years after the complaints.
The bar was unhappy with my attempts to eliminate the disciplinary system and
have the $57 million spent by the bar for it go to the court system.
Ronald R. Silverton
Pacific Palisades
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