Wednesday, April 15, 2009

What good are lawyers?

Or, what are lawyers good for?

I remember a day in Colorado when an insurance prospect told me that he was going to ask his lawyer whether he ought to buy the life insurance that I was recommending to him.

What a dumb thing to ask a lawyer about, and that's exactly what I told him. And I told him that, if his lawyer told him not to buy it or to buy a different type of policy, he should get his lawyer's "advice" in writing and on the lawyer's stationery. And pay him for it.

Why? Because that would put the lawyer "in the life insurance business", if his advice turned out to be no good.

If his lawyer would not put his advice in writing on his letterhead, then it was only his opinion, and he shouldn't pay for that.

I'm not allowed to practice law because I don't have a law degree, have not passed the bar exam and am not admitted to the practice of law in any state. Likewise, a lawyer who has not studied life insurance products, companies and plans in-depth and who is not licensed to sell life insurance should not be giving advice on life insurance needs.

If you seek advice from your lawyer, don't ask him or her whether or not you should do something; for example, rob a bank. Why would anyone want to rob a bank? That's where the money is!

The right question to ask your lawyer is, what are the consequences of robbing a bank and getting caught?

Which brings me to this point...

Why isn't the Woodstock Board of Fire and Police Commissioners ("Board") convening to discuss what to do about Judge McIntyre's decision in the Sgt. Steve Gorski matter? Over a year ago the Board directed the City to pay Gorski all his back pay. Not a penny has been paid.

Who at the City is withholding the direction to pay? The HR Director? The City Manager?

The Board is a public body. It cannot make decisions in private. So it must meet to decide what to do next? Why is it failing to do so? Protocol of law tells the Board to follow a proper procedure as directed and guided by the legal council for the Board.

In this case the Board had to get a law firm from Naperville to defend itself against the very city that appointed it - the City of Woodstock! The Board cannot make any decisions about either requesting or following advice from its (outside) law firm without meeting to discuss the matter and then to hearing a motion and conducting a vote in open meeting on what to do. Anything else very likely constitutes a violation of the Illinois Open Meetings Act.

Judge McIntyre ruled on March 24 that the case was to go back to the Board of Fire and Police Commissioners. That day the Board should have scheduled a meeting. What's the delay?

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