Faculty

Prof. Eric Freedman Weighs In on Right to Attorney in Civil Proceedings Debate

Eric M. Freedman, Maurice A. Deane Distinguished Professor of Constitutional Law

Jury’s out on legal representation in civil cases

By Gregory Zeller

November 9, 2011

Long Island Business News

EXCERPT:

Eric M. Freedman, a professor of constitutional law at Hofstra University, offered little sympathy for the divorce lawyers of central New York, citing “many circumstances where lawyers are involuntarily required to provide services.”

“It’s too bad that lawyers are subsidizing what should be a public responsibility, but that’s true of most pro bono work,” Freedman said. “Nobody would complain if those licensing fees were increased, so the government was doing with money what it’s doing now with service. The objection to being conscripted is not very contentious if the government can simply circumvent it by doubling the bar maintenance fee.”

But it’s a good example, he added, of how courts sometimes pussyfoot in lieu of firm positions – much as the Supreme Court did with Turner v. Rogers, taking “a grudging half-step toward solving a massive problem.”

Read the full article at libn.com.

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