When You Have the CLRC on your side, Who needs Lobbyists?

When You Have the CLRC on your side, Who needs Lobbyists?

February 5, 2008


According to its website, the California Law Revision Commission (CLRC) has the responsibility for the continuing substantive review of California statutory and decisional law. The Commission assists the Legislature in keeping the law up to date by:

1. Intensively studying complex and sometimes controversial subjects

2. Identifying major policy questions for legislative attention

3. Gathering the views of interested persons and organizations

4. Drafting recommended legislation for legislative consideration

So the question is, where does the Attorney-Client Privilege After Client’s Death (Study K350 Memorandum 2008-8) fall in the commission’s mandate? Or consider that In a scathing letter to the California Law Revision Commission ominously titled The Temple of Blame and Wholesale Titleholder Disenfranchisement, arbitrator and author D. Vanitzian questions the motives for the mad rush to “pass pork-barrel project, as she refers to the Statutory Clarification and Simplification of CID Law. We asked CLRC Executive Secretary Brian Hebert to comment on Vanitzian’s letter and he declined.

What do we make for example of other professional organizations, such as the Institute of Electrical Electronics Engineers (IEEE), the world's largest technical society. The IEEE brings members access to the industry's most essential technical information and develop/propose technical standards of benefit to consumer’s worldwide – members pay for their membership, their work is voluntary, and whether their work endures or flops is left to the consumer.

Likewise the Video Electronics Standards Association (VESA), an international non-profit corporation representing a voting membership of more than 165 corporate members worldwide sets industry-wide interface standards for the PC, workstation, and consumer electronics industries. Again, members pay for admission and success or failure is up to the consumer

The Better Business Bureau’s (BBB) stated values include to “Strive to do our very best. Be accountable to the general public, our members, and to each other for everything we do. Commit to providing the highest quality service with excellence and consistency everywhere we operate”. Businesses that earn BBB accredited business status contractually agree and adhere to the organization’s high standards of ethical business behavior. The BBB is arguably one of the most trusted organizations on both sides of the aisle – whether a business, or a consumer. Compare that to the California Bar. Consider that attorneys make and/or influence and/or have great input into the laws that protect them and their actions.

Anyone ever try to sue for malpractice today? Good luck. Anyone try to file a complaint against an attorney at the State Bar today? Good luck. Anyone try to sue for malicious prosecution today? Good luck

In cash-strapped California, does it make sense to have a tax-payer paid Commission where attorneys make and/or influence and/or have great input into the laws that protect them and their actions? In other words, who needs a lobbyist when you have attorney friends in the CLRC? Is it any wonder that the California Governor recently asked the Commission to justify its existence and its dogged pursuit of HOA/CID legislation that benefits attorneys and not homeowners? And just as fast the Law Revision Commission as of 2 Feb 2008, “will not be considering common interest development law at the upcoming February 14 meeting. The topic will be scheduled for a later meeting”? To be clear, CLRC Executive Secretary Brian Hebert pointed out that the Governor’s “… proposed budget would continue the CLRC budget, with the same 10% cut proposed for every state agency. There has never been any question from the Governor about our work on CID law.” Do not know what is more troubling: That the Governor may have asked the CLRC to justify its work, or that the Governor did not ask the CLRC to justify its work, as Mr. Hebert pointed out.

We think that the California Bar is in a dire need of reform so it can be more responsive to consumers, perhaps patterned after the BBB. We also think the CLRC has outlived its usefulness.

In other words, when you have an attorney friend with the CLRC, who needs to have registered lobbyists?


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California Law Revision Commission?s Brian Hebert?s Trough
n a scathing letter to the California Law Revision Commission ominously titled The Temple of Blame and Wholesale Titleholder Disenfranchisement, arbitrator and author D. Vanitzian questions the motives for the mad rush to ?pass pork-barrel project, as she...

If you plan to die, follow Morabito to Nevada. Whatever you do, do not die in California! –You Cannot Afford it! Consider that attorneys make and/or influence and/or have great input into the laws that protect them and their actions.

Anyone ever try to sue for malpractice today? Good luck. Anyone try to file a complaint against an attorney at the State Bar today? Good luck. Anyone try to sue for malicious prosecution today? Good luck. Gee, what's happened to the "teeth" in the law? Law? Did someone say LAW? Anyone try to question an attorneys' billing invoices? Good luck.

















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