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- Xref: sparky alt.fan.rush-limbaugh:13852 misc.legal:23295 talk.abortion:57961
- Path: sparky!uunet!haven.umd.edu!mimsy!rlgvax!scc
- From: scc@rlgvax.Reston.ICL.COM (Stephen Carlson)
- Newsgroups: alt.fan.rush-limbaugh,misc.legal,talk.abortion
- Subject: Re: Fetal Rights of Inheritance
- Message-ID: <1993Jan26.012347.8703@rlgvax.Reston.ICL.COM>
- Date: 26 Jan 93 01:23:47 GMT
- References: <1993Jan22.4673.12392@dosgate> <1993Jan22.211145.24668@midway.uchic <1993Jan23.223910.20003@magnus.acs.ohio-state.edu>
- Organization: International Computers Ltd
- Lines: 31
-
- In article <1993Jan23.223910.20003@magnus.acs.ohio-state.edu> dpollard@magnus.acs.ohio-state.edu (Dennis B Pollard) writes:
- >Ah, Mr. Frank brings back my favorite law school subject. Actually, I enjoyed
- >the Rule Against Perpetuities, abolished by statute in CA, because the CA
- >Legislature thought that it was too difficult to learn.
-
- Abolished by statute? I thought instead that there was a California Supreme
- Court case which ruled that a lawyer who botched the RAP was not negligent.
-
- In Lucas v. Hamm, 364 P.2d 685 (Cal. 1961), a lawyer set up a trust wherein
- the trust would terminate five years after the order of the probate court
- distributing the property to the trustee. This violates the RAP, because
- the probate court *could* take more than 16 years... The court said,
-
- In view if the state of the law relating to perpetuities and
- restraints on alienation and the nature of the error, if any,
- asserted made by the defendant in preparing the instrument, it
- would not be proper to hold that the defendant failed to use such
- skill, prudence, and diligence as lawyers of ordinary skill and
- capacity commonly exercise.
-
- I feel that this negligence is entirely appropriate if anyone is allowed
- to practise law with a license, passing the bar, or even going to law
- school. But this is not the case. If the argument is that you need a
- lawyer to deal with the ins and outs of the law, why not hold them liable
- in such a situation? After all, that's what you're paying for.
-
-
- --
- Stephen Carlson | ICL OFFICEPOWER Center | In theory, theory and
- scc@rlgvax.reston.icl.com | 11490 Commerce Park Drive | practice are the same.
- ..!uunet!rlgvax!scc | Reston, VA 22091 | (703) 648-3300
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