November 17, 2009
Reason #2,157 that California is going to hell [Darleen Click]

Jackpot: Lawyers earn fees from law they wrote

LOS ANGELES (AP) – Every lawsuit filed or even threatened under a California law aimed at electing more minorities to local offices – and all of the roughly $4.3 million from settlements so far – can be traced to just two people: a pair of attorneys who worked together writing the statute, The Associated Press has found.

The law makes it easier for lawyers to sue and win financial judgments in cases arising from claims that minorities effectively were shut out of local elections, while shielding attorneys from liability if the claims are tossed out.

The law was drafted mainly by Seattle law professor Joaquin Avila, with advice from lawyers including Robert Rubin, legal director for the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Avila, Rubin’s committee and lawyers working with them have collected or billed local governments about $4.3 million in three cases that settled, and could reap more from two pending lawsuits.

That’s only a fraction of what might come. Dozens of cities and school boards have been warned they could be sued under the 2002 California Voting Rights Act.

All the cases have been initiated by Rubin’s committee or Avila, who also is a member of the lawyers’ group, according to an Associated Press review of legal documents, correspondence and legislative records, and interviews with lawyers, school and government officials, current and former legislators and voting-rights experts.

h/t Walter Olson

37 Comments  :::   Post a comment »

  1. Comment by Joe on 11/17 @ 10:08 pm #

    Is that job creation under Obama?

  2. Comment by Joe on 11/17 @ 10:08 pm #

    I know I know, it is only California, but as California goes so goes the nation.

  3. Comment by The Sanity Inspector on 11/17 @ 10:09 pm #

    ABOVE ALL THE LAWyers.

  4. Comment by The Sanity Inspector on 11/17 @ 10:12 pm #

    Hey, they’ve gotta be creative in these tough times, too.

    There ain’t no rest for the wicked
    Money don’t grow on trees
    I got bills to pay, I got mouths to feed
    There ain’t nothing in this world for free
    I can’t slow down, I can’t hold back
    Although you know, I wish I could
    There ain’t no rest for the wicked
    Til we close our eyes for good.

  5. Comment by MikeD on 11/17 @ 10:23 pm #

    I am in favor of a 365 day open season on lawyers. But I want to be reasonable about this and impose a strict bag limit. Five a day seems about right.

  6. Comment by Kresh on 11/17 @ 10:37 pm #

    There’s good lawyers, so I’m told.

    This corruption’s getting so damn old.

    Keep the powder dry, spit in their eye.

    Waiting to be sued, damn their lies.

  7. Comment by newrouter on 11/17 @ 10:41 pm #

    Ronny listen and learn:

    http://www.youtube.com/watch?v=yt1fYSAChxs&feature=fvw

  8. Comment by The Sanity Inspector on 11/17 @ 10:46 pm #

    Well, I’m out for a couple of weeks. Visiting a terminally ill mother-in-law overseas, before it’s too late. I may look in here while I’m there, but otherwise have a good Thanksgiving, everyone.

  9. Comment by happyfeet on 11/17 @ 10:46 pm #

    this sort of helps speed things along I guess

  10. Comment by happyfeet on 11/17 @ 10:47 pm #

    oh. that was just meant as a comment on Darleen’s post.

  11. Comment by happyfeet on 11/17 @ 10:47 pm #

    take care there

  12. Comment by Darleen on 11/17 @ 10:49 pm #

    TSI

    I’m sorry to hear about your MIL… my prayers and good thoughts to you and your family. Have a good Thanksgiving.

  13. Comment by sdferr on 11/17 @ 10:51 pm #

    Lawyers behaving badly.

  14. Comment by SBP on 11/17 @ 11:01 pm #

    Very sorry to hear that, TSI.

  15. Comment by JD on 11/17 @ 11:01 pm #

    Is “lawyers behaving badly” one of those water is wet kind of things?

  16. Comment by JD on 11/17 @ 11:03 pm #

    TSI – Prayers from me and mine, for you and yours. Be safe.

  17. Comment by geoffb on 11/17 @ 11:27 pm #

    Something similar and lo and behold it’s Dems again.

    The Alabama Legislature passed a bill budgeting hundreds of thousands of state dollars to a couple of nonexistent nonprofit organizations. Three Alabama Democrat State Legislators created two nonprofit organizations 5 months after the bill in 2006 to receive grants from the taxpayers, totaling $800,000.

    Everybody is doing the “Obama money” shuffle. Let there be “Dancing in the Streets”. Martha approves, you betcha.

  18. Comment by happyfeet on 11/17 @ 11:30 pm #

    Our little country is becoming rife with corruptions.

  19. Comment by JD on 11/17 @ 11:31 pm #

    Well, geoffb, you cannot have a non-profit without the money now, can you?

  20. Comment by Great Mencken's Ghost! on 11/17 @ 11:32 pm #

    We had a law here in CA (may still have it) that allowed third parties to sue companies charged with offenses even if they hadn’t been damaged by the company. The state shut down one law firm that was using this law to shake down small businesses for thousands of dollars rather than face lawsuits. IIRC the lawyers in question were disbarred.

  21. Comment by JD on 11/17 @ 11:41 pm #

    Were those the ADA cases, GMG?

  22. Comment by geoffb on 11/17 @ 11:56 pm #

    “you cannot have a non-profit without the money now, can you?”Of course not. A non-profit is just a business that lives “paycheck to paycheck”. Except that instead of pay, begging is involved or extortion which is outsourced to the Government.

  23. Comment by JD on 11/18 @ 12:09 am #

    I was joking, geoffb.

  24. Comment by geoffb on 11/18 @ 12:20 am #

    I know JD.

    I was and wasn’t. There are many good non-profits but the whole idea, “non-profit” has been taken up by the Left as something of a holy cause. Profit being to them as a cross is to a vampire.

  25. Comment by JD on 11/18 @ 12:24 am #

    Reason #2158. Chad Rogers from Million Dollar Listing on Bravo. Oh good Allah, he makes me want to scoop my eyeballs out with a rusty spoon.

  26. Comment by JHo on 11/18 @ 3:09 am #

    Why are lawyers allowed within a light year of a legislature? Given the liplock the bar has on the bench’s ass, their involvement in lawmaking is a conflict of separation of powers.

    Of course, given their sterling maintenance of various constitutions, it is a tough call.

  27. Comment by SDN on 11/18 @ 6:42 am #

    TSI: Prayers for you and your family.

  28. Comment by Ric Locke on 11/18 @ 6:56 am #

    I’m sorry. Is this supposed to be startling or amazing?

    The only thing remarkable about it is that the AP is reporting it.

    Regards,
    Ric

  29. Comment by McGehee on 11/18 @ 8:18 am #

    This is just a natural progression from about 99.983% of all class-action lawsuits. I’ve lost count of all the solicitations I’ve gotten from law firms that dreamed up a class-action case against some business or other and then tasked its clerks with digging up the “plaintiffs” to get the case into court.

    “You may be entitled to a share of damages totalling up to $21 gazillion (of which your share will be about 14¢) in a civil action we are pursuing against Mom&PopCo USA (our fee will be the standard 30 — no, 35%, yeah that’s the ticket!).

  30. Comment by DarthRove on 11/18 @ 9:09 am #

    Sounds like the gig Richard Warman had getting money from settlements dictated by the Human Rights Committee in Canada.

  31. Comment by BJTexs on 11/18 @ 9:13 am #

    Comment by MikeD on 11/17 @ 10:23 pm #

    I am in favor of a 365 day open season on lawyers. But I want to be reasonable about this and impose a strict bag limit. Five a day seems about right.

    Um … can I get an exemption? My youngest daughter is engaged to a lawyer and he’s a great guy.

    Please?

  32. Comment by Squid on 11/18 @ 10:59 am #

    Forgive us for not completely understanding the mechanics of legalized shakedowns, meya.

    And BJT, you know what they say — it’s just 90% of lawyers who give the rest a bad name.

  33. Comment by Spiny Norman on 11/18 @ 11:15 am #

    The one and only time I needed the services of an attorney, I managed to find one of the good ones. Interestingly, before he went into private practice, he used to be a fraud investigator for an insurance company.

  34. Comment by Spiny Norman on 11/18 @ 11:39 am #

    JD,

    Were those the ADA cases, GMG?

    No, it was California’s “Unfair Competition Law”. In a lovely bit of irony, the state AG sued the law firm involved under that same statute. The disbarred lawyers were with the now-defunct Trevor Law Group. Although, technically, they weren’t “disbarred”, they resigned from the bar.

  35. Comment by Kresh on 11/18 @ 12:19 pm #

    Why are lawyers allowed within a light year of a legislature? Given the liplock the bar has on the bench’s ass, their involvement in lawmaking is a conflict of separation of powers.There are good lawyers! Not all are scumbags.

    And BJT, you know what they say — it’s just 90% of lawyers who give the rest a bad name.

    I think your percentage may be a tad low.

  36. Comment by Danger on 11/18 @ 1:59 pm #

    “TSI – Prayers from me and mine, for you and yours. Be safe.” +1

    God Bless

  37. Comment by Great Mencken's Ghost! on 11/18 @ 9:19 pm #

    Spiny Norman… thanks.

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