#1 2009-08-07 09:05:19
I think that this is an issue that needs to be addressed--the sooner the better.
I don't believe K and P are serving its employers--we the people of Wareham--very well. As long as they can bill for their services, they seem not to care what the legal issues are.
A case in point would be the library. Clearly, the advice given to the bos could have been better considering the outcome of the case. The town pays K and P's bills and the insurance company pays the trustees bills. I don't consider that a good outcome as far as legal representation is concerned.
Good lawyers should advise their clients on the best course of action, not simply do what their clients say and send the invoice at the end of the month. Money spent on legal issues could be directed to the departments and services that have been cut.
Yes, I am aware of the letter from K and P that admonished the bos for not following K and P's advice, so I understand where some of the blame needs to be placed. But it would seem to me that ethically, lawyers should not follow a client's direction blindly if they disagree with such a direction for whatever purposes--moral/ethical, financial etc.
WE are the clients of K and P, and we have not been served well. The question is---what can we do about it?
If we want to take back Wareham, it seems that the Wareham we get back should be one that is not served by K and P. Perhaps this is something Mr. Brady and the people involved in the community meeting should consider taking on.
Offline
#2 2009-08-07 09:09:55
Molly,
In the end, the lawyers do what the client want. They can only advise on the right or proper path, but it is up to the client to make that decision. K&P are doing what the Selectmen or ITA want them to do, so through that process, they are serving at the will of the town. Unfortunately, the will of the town is directed by the Selectmen and the ITA, so it's not the lawyers that are the problem. This is another example of why a strong TA would be a benefit.
Offline
#3 2009-08-07 09:18:50
I understand that Larry, but I still think that a good lawyer would finally say--no we can't do that--it's just not right. The letter sent to the bos by K and P was most likely done because K and P's reputation can be adversely affected if they continue to do what the client wanted them to. Even K and P recognizes the folly of the bos.
Other communities have gotten rid of K and P because they were not happy with the service. Communities our size often hire smaller firms that hire out to litigators etc. when needed. That way the town isn't on the hook every time bos members hit speed dial to talk to K and P.
So, the bottom line is--we still need to get rid of K and P--because they are serving the client's bos's whims when they shouldn't and because they are costing the town way more money in legal bills than we need.
Offline
#4 2009-08-07 09:34:29
Does anyone remember, and I think it was at least a couple of years ago, that the BOS said that they were not happy with K & P and would be obtaining new counsel for the town? I believe they don't have a long term contract with them because they weren't happy with them. As everyone can see, the BOS never followed through. I'm sure a possible reason is that there are so many lawsuits going on, they didn't want to change midstream. So I think it's safe to assume that at the rate this town is going with lawsuits, K & P are here to stay. Anyone care to comment/clarify?
Offline
#5 2009-08-07 10:05:45
Perhaps with the substantial amount of lawsuits that are already tied up with K&P, they have to ride this out? Look, I'll be the first tell you that the majority of lawsuits are from the actions of the current Selectmen and that is the problem. I also believe a stronger TA would be beneficial in settling some of the lawsuits. Let's face it, the issue is the Selectmen and the ITA. They continue to step in doodoo at every turn. Each decision makes a bigger mess. I know there will always be a certain amount of lawsuits, that is the nature of society, but in Wareham, is is excessive.
Offline
#6 2009-08-07 13:58:00
The decision/choice of town counsel is made through the BOS/TA, and any change would have to go through them, I'm assuming. Since they are elected officials, they represent "the client"/Wareham (I know you understand this).
When I was a kid and thought, "what do I want to do when I grow up?" Sometimes it was a cop or fireman, alot of times it was a doctor or lawyer. The reason I thought doctor or lawyer was because, even at a young age, I wanted to make alot of $$$. Not to justify their motives(there's plenty of lawyer jokes to speak on their generally accepted character), but if I got a hold of a catch like Brucie and friends(especially in tough economic times), I'd ride 'em like a cowboy. In fishing/sales terms, they've hooked a whale.
PShooter(not to be confused with Bobo's bat wielding buddy)
Last edited by PShooter (2009-08-09 01:50:11)
Offline
