home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky alt.fan.rush-limbaugh:13946 misc.legal:23401 talk.abortion:58148
- Path: sparky!uunet!charon.amdahl.com!pacbell.com!ames!saimiri.primate.wisc.edu!usenet.coe.montana.edu!news.u.washington.edu!news.uoregon.edu!oregon.uoregon.edu!dreitman
- From: dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be)
- Newsgroups: alt.fan.rush-limbaugh,misc.legal,talk.abortion
- Subject: Re: Fetal Rights of Inheritance
- Date: 26 Jan 1993 10:43 PST
- Organization: University of Oregon
- Lines: 30
- Distribution: world
- Message-ID: <26JAN199310432954@oregon.uoregon.edu>
- References: <1993Jan22.4673.12392@dosgate> <1993Jan22.211145.24668@midway.uchic <1993Jan23.223910.20003@magnus.acs.ohio-state.edu> <1993Jan26.012347.8703@rlgvax.Reston.ICL.COM>
- NNTP-Posting-Host: oregon.uoregon.edu
- News-Software: VAX/VMS VNEWS 1.41
-
- In article <1993Jan26.012347.8703@rlgvax.Reston.ICL.COM>,
- scc@rlgvax.Reston.ICL.COM (Stephen Carlson) writes...
- >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.
-
- I think the point in Lucas was that the court found the the lawyer in question
- had used reasonable care, and that the Rule was so confusing that it was
- foreseeable he might get it wrong. As has often been noted, "[e]rror in
- judgment is not necessarily negligence." _Reed v. Tacoma Railway & Power Co._,
- 117 Wash. 547, ___, 201 P.2d 783, ___ (1921).
-
- Daniel Reitman
-