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- From: thf2@ellis.uchicago.edu (Ted Frank)
- Newsgroups: alt.fan.rush-limbaugh,misc.legal,talk.abortion
- Subject: Re: Fetal Rights of Inheritance
- Message-ID: <1993Jan26.214618.6455@midway.uchicago.edu>
- Date: 26 Jan 93 21:46:18 GMT
- References: <1993Jan23.223910.20003@magnus.acs.ohio-state.edu> <1993Jan26.012347.8703@rlgvax.Reston.ICL.COM> <26JAN199310432954@oregon.uoregon.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago
- Lines: 29
-
- In article <26JAN199310432954@oregon.uoregon.edu> dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be) writes:
- >In article <1993Jan26.012347.8703@rlgvax.Reston.ICL.COM>,
- > scc@rlgvax.Reston.ICL.COM (Stephen Carlson) writes...
- >>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,
- >>
- >>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).
-
- Any lawyer who runs afoul of the Rule Against Perpetuities is
- presumptively negligent, IMHO. It's bad enough that there *is* a
- Rule Against Perpetuities, whose sole purpose is to trip up unwary
- laypeople, but that's what a lawyer is supposed to know. It's simply
- inexcusable for a member of the bar to mess it up.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-