'Schatz' ruling errs on legal, moral basis

Article Abstract:

The 4th U.S. Circuit Court of Appeals disregarded numerous precedents when it ruled in Schatz v. Rosenberg that attorneys are not responsible for preventing clients from making a fraudulent conveyance to a third party. Common law and the Federal Securities Acts hold that agents who knowingly assist in fraud are subject to tort liability from the injured party. Yet the court ruled that the attorney had merely 'papered the deal' and was thus not liable for his client's misrepresentations. This ruling would de facto give attorneys the license to commit tortious fraud without fear of recrimination.

Fraud, Legal ethics, Agency (Law)

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Some say Mayor Dinkins' questioning was typical. That may be the problem

Article Abstract:

Alleged discovery abuse took place in Mayor David Dinkins' deposition in a lawsuit regarding New York's handling of the Hasidic-Black riots in Crown Heights. The lawsuit was filed by Hasidim who claimed injury due to city mishandling of disturbances. The deposition addressed the mayor's lack of awareness of the seriousness of the situation and his hope that things would calm down if the police stayed uninvolved. Allegations that the deposition was overly aggressive and that some questions were irrelevant are misguided since they could be true of most depositions.

Demonstrations and protests, African Americans, International relations, Testimony, Discovery abuse, Discovery abuse (Law), Jews, Brooklyn, New York, New York, Interfaith relations, Dinkins, David N., African American-Jewish relations

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Internal management controls tend to assure the quality of legal services

Article Abstract:

Mediocre attorneys are weeded out of large law firms and legal aid offices, where internal quality controls apply in addition to the external ones of law school, bar examinations and continuing legal education. With small law firms and sole practitioners, only the external controls apply, with the result that many of these people are not very well-qualified. The burden of this mediocrity falls on the lower middle class, those with too much money for legal aid and not enough for really good lawyers.

Analysis, Evaluation, Attorneys, Lawyers, Peer review

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