Posts tagged ‘NEED’

Attention Lawyers, We need a Hand, Not a Brain: A Licensing Parable

Several sites have reposted this Craigslist ad, gasping in shock at it as evidence of massive foreclosure fraud

We are a collection agency/debt buyer. What we are looking for is a part time attorney to work for us as our corporate counsel, on our payroll, about 5 to 6 hours a week. This is a short term employment arrangement, no longer than 90 to 120 days.

Your job will be to sign pleadings, praecipe for entry of appearances, praecipe for writ of execution, and garnishment orders. Our paralegal will prepare all paperwork for your signature. This is very standard stuff for us.

If you are an attorney looking for challenging legal work, this is not for you. WE DO NOT NEED F LEE BAILEY- we are fee shopping. If you passed your boards with a D+, and you can sign your name, you possess all the credentials required for this job. If this opportunity interests you, please feel free to reply to this email with a brief description of who you are, when you got your law license, and what you will be needing from us in the way of compensation.

I would instead offer it as a lesson in the stupidity of state-enforced professional licensing arrangements.  Let me rewrite it:

We have all the legal knowlege we need.  We know exactly what the forms look like and mean.  We have written all the documents and tested them over time during our long presence in this business and we know them to meet our legal needs.   We have no need, in other words, for legal help.

However, attorneys have gotten together and created an attorneys guild, and, what's more, have convinced the government to pass laws that require membership in the guild to perform certain gate-keeping functions.  In our case, we need a member of the guild to sign some forms to make them legal, both because the guild has strong influence and because certain folks have convinced everyone that all mortgage pain in this country came from having a machine perform this signature function rather than a flesh and blood hand.  So we need a flesh and blood hand rather than a machine to sign foreclosure documents.  Unfortunately, that hand has to be attached to a brain that has passed the bar exam, and because the guild is pretty good at limiting its membership, we expect to have to pay an absurd amount of money for this trivial function that could be duplicated by a six-year-old (and used to be performed by a simple $100 machine).

Don't get us wrong -- if we were on trial for our lives or facing a nasty, complicated lawsuit or wanted to draft a custom contract to protect our interests, we would be very happy to consider the opinion of third party licensing groups as to the merit of a particular attorney.  Ironically, though, even then current licensing would be absurd, for in this case it would not greatly exceed our quality requirements (as it does for signing our foreclosure paperwork) but it would vastly undershoot our need due diligence needs.   Perhaps there is some legal function for which attending an ABA-accredited school and passing the bar exam is the perfect level of quality assurance, but we have not found it yet.

Over the Top

I got this in an email from something called the Americans for Legal Immigration PAC.  They seem to be worried about the passage of the Dream Act, which I have not paid much attention to.

If we lose in the Senate tomorrow, most future battles will be fought as we retreat step by step, while millions of illegal aliens become legal workers, students, and voters who are used to replace Americans and put in positions of authority over us.

May God Save The United States.

Rally your kith and kin and join us shortly after dawn on the East Coast for our next battle tomorrow.


May God favor our efforts.

Holy Cr*p, you would think Hitler's panzers were rolling into Washington.  Seriously, this is all because millions of immigrants might become legal workers and voters like, uh, nearly every one of our ancestors who came from somewhere else?  Their apocalyptic vision is legal workers and students?

This email just gives the lie to the PAC's name -- obviously they are not for legal immigration or they would be thrilled that formerly illegal immigrants suddenly become legal.

On many occasions I have had people tell me that I was stupid -- explaining to me that this issue is not about immigration per se but the rule of law, and that their objection was to the illegal behavior not being punished, not immigration itself.  Fine, here is the fix -- make them all legal.  The formerly illegal immigrants will be, as you say, legal students, workers, and voters. Problem solved, right?

I get told all the time by immigration opponents that they are open to legal immigration, but we have to deal with illegal immigration first.  Really?  When thousands of Arizonans were breaking the law and getting photo-radar tickets, did we say that we would only do something about photo-radar when the problem of illegal speeding went away?  No, we got rid of the hated cameras, and most folks holding photo-radar tickets got amnesty (in the form of the state choosing not to pursue the high percentage of people who threw away their tickets rather than paying them).

Postscript: I am not religious, but I wonder if folks who are find the use of God in this context offensive.  Doesn't this imply God hates the Mexicans?  Does God love your family, who happened to enter this country when immigration laws were loose, but hate Xavier who wants to come here just like your family but does so in a time when immigration laws are restrictive?

It reminds me of winning football players who say, to begin interviews, "I want to thank God..." as if their victory were the result of particular favor payed to them by God.  I have always wanted to see a losing player follow such an interview with, "well, you heard it:  God was against us.  What chance did we have?  I think we kept it pretty close given that an omnipotent deity was working for the other team."