[blindLaw] Core Values

Thu Nov 3 22:31:24 UTC 2022

You can also exercise choice over cases and clients. Unlike Britain, you
aren't required to take all comers.

FWIW, here's a clause in section 1 of the retainer agreement I had with a
prominent pro bono First Amendment attorney.

> We are deeply committed to the U.S. Constitution, and we will not take
any steps in your representation that could directly bring harm to the
First Amendment, nor through inaction will we allow harm to come to the
First Amendment. In the event that there is a point where the First
Amendment conflicts with your direct legal interests, we will advise you of
this fact and give you the choice of avoiding that conflict or we will
allow you to retain alternate counsel.

This is someone who does not normally do class action or public interest
work. But they're very upfront about the fact that they have legal views.

Others can do so, too.

In this particular situation, I would think that "our work should not cause
harm to the long term interests of blind or otherwise disabled people" is
one value that a blind led law firm ought to have, and should refuse or
transfer clients whose representation would conflict with that value. Just
like the extremely pro free speech value of the attorney whose retainer I
quoted above.

Sincerely,
Sai
President, Fiat Fiendum, Inc., a 501(c)(3)

Sent from my mobile phone; please excuse the concision and autocorrect
errors.

On Thu, 3 Nov 2022, 22:04 , <rodalcidonis at gmail.com> wrote:

> I suggest that attorneys looking for broader impact work look into
> becoming class action counsel. When engaging in individualized
> representation, your client's interest should be the only thing that
> matters. Incorporating or considering anyone else's interest is improper
> and may expose you to a conflict-of-interest charge. The rules of ethics
> that govern lawyer's conduct is a good place to start to gain understanding
> regarding your professional responsibility to your client.
>
>
> Rod,
>
>
>
>
>
> -----Original Message-----
> From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Sai via BlindLaw
> Sent: Thursday, November 3, 2022 5:18 PM
> To: Blind Law Mailing List <blindlaw at nfbnet.org>
> Cc: Sai <sai at fiatfiendum.org>
> Subject: Re: [blindLaw] Core Values
>
> Believe in long term law, not just short term outcomes.
>
> Personally I have a very simple test for it:
>
> 1. Describe a case where you approve of the practical outcome, but you
> disagree with the legal holding.
> 2. Describe a case where you disapprove of the practical outcome, but
> agree with the legal holding.
>
>
> For me that's easy. Just off the top of my head:
>
> 1. Hollingsworth v. Perry, 570 U.S. 693 (2013), aka the California Prop 8
> case.
>
> Held that the proponents of the anti same sex marriage proposition didn't
> have standing to defend it when the government refused to defend it,
> thereby defaulting the proposition into defeat and allowing same sex
> marriage in California. I strongly disagree with the bigoted proponents of
> Prop 8, but if the government refuses to defend a law that the citizens
> enacted, the citizens (i.e. the proponents in this case) should have the
> right to do so, otherwise people can't effectively pass laws that the
> government doesn't like (e.g. against gerrymandering), leading to capture
> of the government by itself.
>
>
> 2. National Federation of Independent Business v Occupational Safety and
> Health Administration, 21A44 (2021), aka the COVID vaccine mandate case.
>
> Held that OSHA didn't have the authority to pass a COVID vaccine mandate,
> thereby overturning it. OSHA doesn't and shouldn't have the authority to
> pass general health mandates (and there's a pending cert petition against
> TSA's claim that it does, Corbett v TSA). But people getting vaccinated is
> in fact a good policy to have, and it sucks that fewer people would get
> vaccinated due to OSHA's rule being overturned.
>
>
>
>
> My point is that if you're doing law, you should care about the effects of
> your arguments in other situations, where the people involved are
> different. You shouldn't create precedent that gives you a short term win
> but undermines the collective interest overall.
>
> And yes, that is in tension with some interpretations of the duty to
> what's best for an individual client.
>
> Sincerely,
> Sai
> President, Fiat Fiendum, Inc., a 501(c)(3)
>
> Sent from my mobile phone; please excuse the concision and autocorrect
> errors.
>
> On Thu, 3 Nov 2022, 20:28 Roderick Thomas via BlindLaw, <
> blindlaw at nfbnet.org>
> wrote:
>
> > Sure! If you were going to start your own law firm, what are five to
> > ten core values, which you would not compromise. The core values must
> > be, so important that you use them as an instrument to interview
> > possible employees.
> >
> >
> > Yours Truly,
> >
> >
> > Roderick Thomas
> >
> > On 11/3/2022 9:43 AM, Sanho Steele-Louchart via BlindLaw wrote:
> > > Good morning. You said "as a blind attorney." Can you say more about
> > what you're looking for?
> > >
> > > Sanho
> > >
> > >
> > >> On Nov 3, 2022, at 7:43 AM, Roderick Thomas via BlindLaw <
> > blindlaw at nfbnet.org> wrote:
> > >>
> > >> Hey Guys, I am developing a list of five core values, which I
> > >> could
> > use to build a law firm as a blind attorney. Does anyone have any
> > suggestions I could use? I am willing to discuss further outside of
> > the list serve. Just email me at rthomas48 at gmail.com.
> > >>
> > >>
> > >> Yours Truly,
> > >>
> > >>
> > >> Roderick Thomas
> > >>
> > >>
> > >> _______________________________________________
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