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9 - The Business of Law

Published online by Cambridge University Press:  03 May 2011

Benjamin H. Barton
Benjamin H. Barton
Affiliation:
University of Tennessee, Knoxville
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Summary

Clients are not merchandise. Lawyers are not tradesmen. They have nothing to sell but personal service. An attempt, therefore, to barter in clients, would appear to be inconsistent with the best concepts of our professional status.

– Cohen v. Lord, Day & Lord

[Dr. Raymundo] suggests that this case is different, because it involves the medical profession or that he is, somehow entitled to special treatment, because he is a physician and there is great need for his services. This self-serving position, however, cannot be upheld.

– Raymundo v. Hammond Clinic Association

THIS CHAPTER COVERS A SERIES OF COURT DECISIONS THAT affect the business side of law. Because lawyers care quite a bit about the bottom line as well as their conditions of employment, the lawyer–judge bias is quite prevalent in this area. It begins with the special rules that have been applied to legal services contracts and the special court-created rights lawyers have to collect debts from clients. Next, the chapter notes that state courts have not applied (or have only partially applied) consumer protection laws to the legal profession, despite the fact that the statutes do not explicitly exempt lawyers. Courts have likewise created different employment rules for lawyers. Lawyers are treated differently (and better) in cases dealing with noncompete agreements and when they are terminated for whistle-blowing.

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The Lawyer-Judge Bias in the American Legal System , pp. 209 - 242
Publisher: Cambridge University Press
Print publication year: 2010

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References

Lane, Brett, “Blowing the Whistle on Balla v. Gambro: The Emergence of an In-House Counsel's Cause of Action in Tort for Retaliatory Discharge,” 29 J. Legal Prof. 235 (2005)Google Scholar
Godfrey, Cullen M., “The Revised Role of Lawyers After Sarbanes-Oxley,” 68 Tex. B.J. 932 (2005)Google Scholar

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  • The Business of Law
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.009
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  • The Business of Law
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.009
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Business of Law
  • Benjamin H. Barton, University of Tennessee, Knoxville
  • Book: The Lawyer-Judge Bias in the American Legal System
  • Online publication: 03 May 2011
  • Chapter DOI: https://doi.org/10.1017/CBO9780511791871.009
Available formats
×