Saturday, January 27, 2007
DEFENDING THE POOR IS A "FORM OF SERVITUDE"
According to an article published in the Post and Courier, South Carolina Bar President Bradish J. Waring asserts that "defending poor is a form of servitude."
When we read that lawyers in this state were providing $50 million to $60 million worth of services yearly in return for $5 million in payments, we were sympathetic to their plight. But when we read that the Legislature was considering allowing individual lawyers to opt out by providing a payment of $1000, our hearts hardened. Some lawyers in this state are charging $450 per hour and we have never heard of anyone charging less than $100 per hour. So if a lawyer is not willing to provide twenty minutes per week per year helping someone who is less fortunate, then we say move to another state. Or pay a reasonable amount to "opt out."
According to an article published in the Post and Courier, South Carolina Bar President Bradish J. Waring asserts that "defending poor is a form of servitude."
When we read that lawyers in this state were providing $50 million to $60 million worth of services yearly in return for $5 million in payments, we were sympathetic to their plight. But when we read that the Legislature was considering allowing individual lawyers to opt out by providing a payment of $1000, our hearts hardened. Some lawyers in this state are charging $450 per hour and we have never heard of anyone charging less than $100 per hour. So if a lawyer is not willing to provide twenty minutes per week per year helping someone who is less fortunate, then we say move to another state. Or pay a reasonable amount to "opt out."
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We think lawyers have a legitimate complaint. However, the proposed opt-out "solution" only seems to underscore your point about whining.
If they want to opt out, make them pay. $1000 is a drop in the bucket. Make it $10,000 per year so there is real money in the system for those that are willing to take indigent cases.
# posted by 
: 4:06 AM
: 4:06 AM
We don't follow your logic. No one has said that lawyers, as a group, are unwilling to represent indigents as a class for little or no money. They have only said that there should be some limitations on the extent of that representation. If there were "real money in the system for those that are willing to take indigent cases" more people would be willing to take indigent cases.
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