HBO comedy-drama succession There is a strong incentive for family-owned businesses across America to consider who will be responsible for the owner’s death or retirement. That issue is the basis of today’s story, which begins with an email from “Robin” about how ethical issues in the law business can affect his firm’s success plans.
Robin wrote, “Mr. Beaver, I am the director of our family owned marketing/marketing company. At some point, I would like to hand over the reins to our twin sons, both recent college graduates in the elementary program. They seemed very excited to be lawyers. They told us how great it would be to be a lawyer, described lectures by their teachers and guest speakers who were lawyers and painted a rosy picture of the legal profession. As We need constant consultation with legal counsel, I suggested to them: ‘I will pay for your legal education. After passing the bar, get work experience in a law firm like ours. Dole handles the cases, and then become our firm’s lawyers, and when I retire, you take over. They agreed, but then I brought up an issue they hadn’t considered.
“We are a very religious family. Can they live in an environment where lawyers, in general, have a poor reputation for ethical behavior? I have read your articles for years, especially many of the most dishonest ones. Regarding the behavior – padded bills, fake invoices – and appreciate your insight.
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A few saints have bar cards
It’s no secret that the law business has a bad reputation. Note that I did not say “legal profession”. Many writers feel that law ceased to be a profession when the US Supreme Court legalized lawyer advertising in 1977. (opens in new tab).
What followed was an increase in law school applications, which led to an influx of lawyers across our country and what we see on TV every day: the endless parade of lawyers after your personal injury case. .
But one possible Answer to Robin’s question – Can his boys live in an environment of law? – Coming from a long phone call I received from Darren, also a long-time reader, who has taught introductory courses for years at a prominent Middle Eastern university. (I checked Darren using various research tools, so his request was legitimate.)
Darren decided, ‘Why not?’ And became a lawyer himself
Darren said, “I ran our pre-med program for many years, and had a great relationship with local law firms, who sent attorneys to speak with our students. They were always the most positive about the profession imaginable. For years, I have read your column and admit that the stories of bill-padding, inventing billable hours and other ethical and illegal violations by lawyers and recently admitted prosecutors have caught your attention. Bring it in. I just thought it was the product of disgruntled employees, but no more, Mr. Beaver.
Darren then recounted the painful history of what he had learned about the reality of the law firm. His comments echo those of other frustrated teachers-turned-lawyers I’ve spoken with over the years.
“I studied law at night, passed the bar first time, and was hired part-time by a company that sent me guest speakers. In the first two weeks, I saw the same things you are talking about. wrote! I threw out your articles – you’re so right! And then a couple of my former students who worked at this company for about a year said, “Professor, let’s have dinner and talk.”
‘It plays with my conscience’
They went to a restaurant outside the city. Darren said: “And these two young ladies were close to tears about what was expected of them.
“We’re required to bill clients for over 2,000 hours a year – that means you’ve worked on client cases, which is impossible. If I spent an hour on a client case, I’m told And write three of them – and it went on like that!” said one woman, according to Darren. She added: “It hurts my conscience and my marriage! But I have over $150,000 in student loans to pay back! I’m stuck here working over 80 hours a week!
And another former student?
“She showed me billing sheets of court appearances for multiple clients in the same year,” Darren said. He added that she explained, “I was told to pay each client for the entire time I spent in court – two hours – instead of a portion, as legally required, and that theft is.”
‘We can wear them and arrange them for pennies on the dollar’
Darren said, “I saw a file that we were representing a commodity buyer that had repeatedly screwed over several farmers over the years. Our client owed money – there was no justification for refusing to pay. So, I Asked a senior associate about this, and his response was, ‘We do what our customers tell us. So we delay, delay, and delay bills for farmers, and they end up paying cents on the dollar. settles for
“With a big smile—it made it sound like a joke—I said, ‘So, like at Nuremberg, I’m just following orders.’ He laughed and said, “How else can we keep the lights on? Listen, Darren, right and wrong, basic ethics don’t matter in this business.”
Can a person with high moral and religious values live within the law?
Darren stayed with the firm for six months, “to see as much as possible that I could bring to the classroom—to give my students an honest dose of the negative aspects of the law. During that time, I I was with the most depressed and unhappy people I have ever met – all lawyers.
We conclude our interview with Robin’s recommendation for Sons:
“This occupation easily corrupts your moral compass. If honesty, integrity and keeping hands and soul Honestly, I would tell those guys to do their own research on these serious issues.
A good place to start is the excellent Above the Law website (opens in new tab).
Dennis Beaver practices law in Bakersfield, California, and welcomes comments and questions from readers, which may be faxed to (661) 323-7993, or sent by email. [email protected]. And be sure dennisbeaver.com (opens in new tab).
This article is written and presented by our contributing consultant, not Kiplinger editorial staff. You can check the adviser’s records with the SEC (opens in new tab) or with FINRA (opens in new tab).
