Rules – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Senate Republicans Change Finance Committee Rules to Push Through Nominees https://legacy.lawstreetmedia.com/blogs/politics-blog/senate-republicans-change-finance-committee-rules-push-nominees/ https://legacy.lawstreetmedia.com/blogs/politics-blog/senate-republicans-change-finance-committee-rules-push-nominees/#respond Wed, 01 Feb 2017 22:16:56 +0000 https://lawstreetmedia.com/?p=58577

Well...it looks like things are getting even more contentious in the Senate.

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"Orrin Hatch" Courtesy of Gage Skidmore: License (CC BY-SA 2.0)

Senate Finance Committee Republicans took matters into their own hands to confirm two of President Donald Trump’s nominees.

In an effort to advance Trump’s nominees for Treasury secretary and secretary of the Department of Health and Human Services–Steven Mnuchin and Congressman Tom Price–the Republicans on the panel of the Senate Finance Committee voted in a surprise meeting on Wednesday morning to change the procedural rules that outlined that Democrats must be in attendance to vote on the nominees.  With this rule change, Mnuchin and Price were approved by the committee in a 14-0 vote, allowing for the nominations to go to the full Senate for approval.

This move comes a day after Democrats on the panel of the Senate Finance Committee staged a boycott of Mnuchin and Price’s hearings, which presented an obstacle considering the standing rule was that at least one Democrat had to be present in order for any votes to take place. The boycott was led by Senators Sherrod Brown and Roy Wyden in an effort to push for more vetting of both Mnuchin and Price, both of whom the senators claim gave misleading testimonies and responses during the committee hearings about their investments and foreclosure practices, respectively.

The Democratic senators outlined their concerns and request for further questioning in a letter sent to the committee’s chairman, Republican Senator Orrin Hatch, this morning.

Talking to reporters on Tuesday afternoon, Hatch relayed his annoyance with the boycotting senators. “I’m very disappointed in this kind of crap . . . This is the most pathetic thing I’ve seen in my whole time in the United States Senate,” Hatch said.

Even after the rule change and the approval of Trump’s two nominees, Hatch still took time to go after the committee’s Democrats for their boycott, telling reporters that the boycott was “unprecedented obstruction” and a “cheap political ploy.” However, the boycott might not be as unprecedented as Hatch claims it to be, considering, as many have pointed out, the Republicans boycotted in 2013 to block the confirmation of Gina McCarthy as the head of the Environmental Protection Agency.

The rule change and verbal sparring in the media between Finance Committee members just adds to the rising tension between members of Congress. Yesterday, Senate Minority Leader Chuck Schumer voted no on the confirmation of Elaine Chao as Transportation Secretary, who is Senate Majority Leader Mitch McConnell’s wife. Earlier today, things got contentious between Democratic Senator Al Franken and GOP Senator John Cornyn during a Judiciary Committee meeting when Cornyn took exception to Franken calling out absent GOP Senator Ted Cruz. In addition, Democratic senators on the Environmental and Public Works Committee–taking a cue from their colleagues on the Finance Committee–have staged a boycott of the vote to confirm Scott Pruitt as the head of the EPA.

And this is only Day 12 of Trump’s presidency.

Austin Elias-De Jesus
Austin is an editorial intern at Law Street Media. He is a junior at The George Washington University majoring in Political Communication. You can usually find him reading somewhere. If you can’t find him reading, he’s probably taking a walk. Contact Austin at Staff@Lawstreetmedia.com.

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Is Your Attorney Ethical? https://legacy.lawstreetmedia.com/blogs/law/attorney-ethical/ https://legacy.lawstreetmedia.com/blogs/law/attorney-ethical/#respond Thu, 18 Dec 2014 13:30:44 +0000 http://lawstreetmedia.wpengine.com/?p=30272

Learn some basic ethics rules that your attorney must abide by.

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Image courtesy of [Dan Mason via Flickr]

It can be a very traumatic experience suffering from a personal injury, whether it be from a trip and fall, automobile accident, or otherwise. As someone who has suffered injuries, you want an attorney who will be on your side and fight for you. As in any profession, there are those professionals who are ethical, and those who might fall short of that. As a client, it is important to know what side of the spectrum your attorney falls on, in order to see whether you really are in the best hands.

Attorneys must abide by the American Bar Association’s Model Rules of Professional Conduct. These model rules are meant to keep attorneys in check, and hold the profession to a high ethical standard. If they fail to abide by the rules they could run the risk of some sort of penalty, or in the worst-case scenario, disbarment. As a Personal Injury client, you should be aware of some of the basic model rules in order to determine if your attorney is really the best fit for you.

Rule 1.4 Communication

Under this rule, lawyers must promptly inform their clients of material developments in the matter including settlements or plea offers, reasonably consult with the client about the means by which the client’s objectives are being accomplished, and keep the client reasonably informed about the status of the matter.

For you, this means that your attorney should be keeping you in the loop. Many times clients want to seek an update on their lawsuit and the attorney should be calling the client back promptly and updating them on a regular basis. Realistically, that is not to say that the attorney should be calling the client every day to report to them, since it is most likely that the attorney has other cases to work on as well. However, if the client feels that they haven’t been updated in a significant period of time, and have not had calls returned to them, they should consider taking their lawsuit elsewhere.

Rule 1.7 Conflict of Interest

Under this rule, a lawyer cannot represent a client if the representation involves a concurrent conflict of interest. That is, if an attorney represents Client A and Client B, if the representation of either client will be directly adverse to the other client, then there is a conflict of interest.

If an injured client is in an automobile accident, and the attorney is representing both drivers of each respective car, that is absolutely a conflict of interest. Clients should be aware of this rule, as it might not be as obvious of a conflict, like the situation with the automobile accident. If the client feels that an attorney’s representation of another client is directly adverse to their case, they should bring it to the attorney’s attention.

Rule 4.2 Communication with Person Represented by Counsel

Under this rule, an attorney cannot communicate with an individual whom he knows to be represented by counsel, unless counsel gives permission or unless there is a court order.

As a client, if an attorney who is not the attorney representing your case tries to contact you, it is important to notify your attorney right away to see what is going on. The client should not give any information to other attorneys except their own, as those individuals probably do not have the best interests for you.

Although these are just three rules of many under the ABA Rules of Professional Conduct, a client should be aware that they deserve ethical representation by their attorney. Although it is ideal to think that all attorneys are ethical, the sad truth is that not all are.  As a client, if something doesn’t feel right about your representation, you should address it.

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Melissa Klafter has a JD from St. John’s University School of Law and plans to pursue a career in Personal Injury Law. You can find her binge-watching her favorite TV shows, rooting for the Wisconsin Badgers, and playing with her kitty, Phoebe. Contact Melissa at staff@LawStreetMedia.com.

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The Last Gasps of Net Neutrality https://legacy.lawstreetmedia.com/blogs/last-gasps-net-neutrality/ https://legacy.lawstreetmedia.com/blogs/last-gasps-net-neutrality/#comments Fri, 16 May 2014 14:56:00 +0000 http://lawstreetmedia.wpengine.com/?p=15608

After much anticipation and media speculation, the FCC released its latest net neutrality proposal, essentially easing the way for an internet fast lane. The Commission vote on opening up the proposal to public comment went down party lines, with Democrat Commissioners prevailing. You can read the proposal and submit your comments now.

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Federal Communications Commission Chairman Tom Wheeler revealed his new ‘net neutrality’ proposals yesterday, which essentially approve a fast lane option for companies that want to charge a higher rate for those wishing for a faster Internet based on content. (See our previous coverage on what recent developments mean for you and for startups.) Facing intense opposition, Wheeler needs to show these opposing groups that his proposed rules are part of the principle of net neutrality in the first place: that all content on the Internet will remain free in value.

The problem? The rules gut that principle entirely.

The very fact that allowing certain companies to fast-track their content violates the principle of a fair, open Internet. Wheeler’s justification for allowing the rules to go forward is that there would be regulations watching out for Internet Service Providers intentionally slowing down traffic. While this is also part of a net neutrality ideology, the rules ignore the rampant discrimination inherent in an “Internet fast lane.”

Yesterday’s FCC vote to open the proposals to public comment went largely along party lines. The three Democratic commissioners voted in favor of public comment, while the Republican commissioners voted for only Congressional comment instead and find no legal basis for the Commission to allow the public to weigh in. July 15 is the deadline for initial public comments, followed by the September 10 deadline for responses to those comments.

While this was a partisan vote down the line, the commissioners expressed hesitation for how the process is moving no matter the decision for public comment. “I believe the process that got us to this rule making today is flawed. I would have preferred a delay. I think we moved too fast, to be fair,” said Jessica Rosenworcel, one of the commissioners who voted in favor. Michael O’Reilly, a commissioner who voted against public comment, said, “I have serious concerns that this ill-advised item will create damaging uncertainty and head the commission down a slippery slope of regulation.”

Nevertheless, the FCC is now open to public comments regarding this new proposal. You can send your comment here: http://www.fcc.gov/comments.

Dennis Futoryan (@dfutoryan) is an undergrad with an eye on a bright future in the federal government. Living in New York, he seeks to understand how to solve the problematic issues plaguing Gothamites, as well as educating the youngest generations on the most important issues of the day.

Featured image courtesy of [Gerd Altmann via Pixabay].

Dennis Futoryan
Dennis Futoryan is a 23-year old New York Law School student who has his sights set on constitutional and public interest law. Whenever he gets a chance to breathe from his law school work, Dennis can be found scouring social media and examining current events to educate others about what’s going on in our world. Contact Dennis at staff@LawStreetMedia.com.

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