Monday, April 25, 2005
WHO IS KAREN WINNER?
One of the Defendants in the case referenced at http://www.nofreespeech.com/ is a woman named Karen Winner. We have not seen the pleadings, nor do we know the underlying facts of the case. However we do know that Ms. Winner was formerly a policy analyst in the New York City Consumer Affairs Office. She wrote a report detailing alleged improper billing practices by matrimonial lawyers including padding bills. Partially as a result of the investigation, public hearings were held and reforms were enacted. Among other things, New York lawyers are now required to provide clients with fee schedules and itemized bills. And they cannot foreclose on a client's home for unpaid fees.
We note that in South Carolina a litigant can be ordered to pay the attorney's fees of the opposing party, but that the litigant does not have the right to review the bill before trial. Additionally, many lawyers will not even cross-examine the other site's attorney or question why hourly rates of $250.00 and more are appropriate in a poor state with a relatively low cost of living. And the decision of whether a fee is fair is left to the sole discretion of a judge who may have any number of connections with the lawyer seeking the fee.
Certainly, it may be fair and reasonable for a Manhattan Lawyer to charge $300 per hour. But, if a guy is making $10.00 per hour and is ordered to pay $3,000 for a simple hearing, he probably will be unable to pay his child support.
Maybe we could stand a few more Karen Winners in South Carolina.
One of the Defendants in the case referenced at http://www.nofreespeech.com/ is a woman named Karen Winner. We have not seen the pleadings, nor do we know the underlying facts of the case. However we do know that Ms. Winner was formerly a policy analyst in the New York City Consumer Affairs Office. She wrote a report detailing alleged improper billing practices by matrimonial lawyers including padding bills. Partially as a result of the investigation, public hearings were held and reforms were enacted. Among other things, New York lawyers are now required to provide clients with fee schedules and itemized bills. And they cannot foreclose on a client's home for unpaid fees.
We note that in South Carolina a litigant can be ordered to pay the attorney's fees of the opposing party, but that the litigant does not have the right to review the bill before trial. Additionally, many lawyers will not even cross-examine the other site's attorney or question why hourly rates of $250.00 and more are appropriate in a poor state with a relatively low cost of living. And the decision of whether a fee is fair is left to the sole discretion of a judge who may have any number of connections with the lawyer seeking the fee.
Certainly, it may be fair and reasonable for a Manhattan Lawyer to charge $300 per hour. But, if a guy is making $10.00 per hour and is ordered to pay $3,000 for a simple hearing, he probably will be unable to pay his child support.
Maybe we could stand a few more Karen Winners in South Carolina.
