The (Coto de Caza) Outsourcing of Decision Making and the $1,000.00/hr lawyers

 August 25, 2007

The August 22, 2007 issue of the Wall Street Journal reports that hourly lawyer rates are increasingly hitting what was once considered a taboo level:  $1,000 per hour. "A few attorneys crossed into $1,000 per hour billing before this year, but recent moves to the four-figure mark in New York, which sets trends for legal markets around the country, are seen as significant turning point", writes the WSJ's  Nathan Koppel.

The article goes on to report that as of September 1, Simpson Thatcher & Bartlett LLP will raise its top rates to more than $1,000 from $950, whereas the top biller at New York’s Caldwalader. Wickersham & Taft LLP got up to the $1,000 mark earlier this year.

Of course, what can you expect not only from an inbreeding program that is increasingly being used as decision making service provider by either lazy, incompetent or otherwise un-interested executives?

Is there any doubt that the California Bar not only cuddles its own, but also throttles the number of lawyers joining its ranks? -  The $1,000 rate in California is not too far away -   Or what about executives hiding behind the “legal veil” to avoid transparency and/or accountability?  Wit the Laguna Woods Village argument that “there is no such thing as  valid CC&Rs, in spite of what the Title Company has to say”.

As some one who manages a business dealing with attorneys in many countries, I can tell all that we set our goals and objectives and then instruct our attorneys to do the legal work to make them happen.  When necessary, while it is never our intention to break the law, and we obviously don’t want to put something in place that will cause litigation, we can and do take prudent business risk.  However, as President of a company, ultimately it is me calling the shots not our attorneys. 

Specific to CZ and User Fees and charges for non-CZ Members, the CZ Board first needs to understand the fully loaded cost of doing business which I know is not the case today.  We then need to recognize that The Estates and Village people, who pay no CZ dues,  represent 11% of the residents of CZ impacting our security, major street and property management cost.   In addition to them, non-members who come into Coto to play on our fields, ride horses on our trails and at the Equestrian Center and golf at the Country Club also impact CZ expenses.   One way or another, the CZ Board should work with CZ’s attorney to devise legally defensible ways to charges non-members fees and charges reflecting the expense they cause the Association.  I do not accept the silly notion that “subsidies are a cost of doing business”.  Subsidies are instead a conscious decision by the CZ Board assuming they are permitted to occur.  I have provided many ideas to end subsidies.  Subsidies are the reason we experienced the two Varo/Mezger dues increases.  The next dues increase will be called the Zipperman/Yocham increase so if these Board Members do not want the label; they better act to end the subsidies.   JM - former CZ board member

 RELATED STORIES

Pssst, Can I Interest You In a Lawyer?
When there are too many policemen, there can be no liberty.When there are too many soldiers, there can be no peace.When there are too many lawyers, there can be no justice.Lin Yutang (1895-1976), Chinese-American writer, translator, and editor.This...

Mirror, mirror on the wall, who is the fairest gladiator of them all?
As I stood atop the Roman Colosseum during a recent trip, emotionally gripped by its horrific history, I couldn?t help but make the connection between the ancient gladiator and my role as in-house attorney,?.. For starters, lawyers are often referred to...

The Scrutiny of Lawyers
?There are plenty of jokes about lawyers, but everyone investigating them knows it can be a challenging task?, reads the preamble to an article by Ames Alexander, an investigative reporter with the Charlotte Observer for over 28 years and with more than...

QUESTION: How can we start recall paperwork ..to have (Jerry) Mezger removed? - from CZ Master Association Board of Directors
The question was recently asked in the Coto Discussion forum: ? How can we start recall paperwork?..to have (Jerry) Mezger removed?? ? Given that the interest on the subject is reaching a crescendo, we have summarized the information we have received to...

Coto de Caza General Board Meeting Minutes
Agreements, agreements, agreements.....a tale told by an idiot full of sound and fury, signifying nothing - apologies to the Bard

Obviously there was no vote of NO CONFIDENCE in Jerry Mezger which should have been the first order of business. August...

The CotoBuzz Journal - August 2007
You Must Resign Your Seat on the CZ Master Association Board of Directors ? Jerry: No, I won't live with it. You are now going to add legal cost to the Association; good for Harkins; bad for our members. It will make it impossible for you to serve on an...

The Fertilizer Option- Good Enough For London and For NYCXIs Coto de Caza Mindless, or In a NY State of Mind- Think of it as a fertilizer option for commuters
August 15, 2007 Michael Bloomberg, the mayor of New York, unveiled a plan April 22, 2007 delivered in a speech to mark Earth Day, pledging to make New York "a brighter, healthier and more economically prosperous city". Mr Bloomberg framed the...

CZ Losers!: Here is a little something to remember me by - the Estates and the Villages
In a recent CZ Master Association?s newsletter, the president of the board of directors writes about his encounter with various presents left by pet owners in South Coto de Caza, and encourages residents to good citizens and use the doggie bags to remove...

Trigo Trail Trailed Trimming Triggered By Board Temper Tantrum
It took six months for the association to get rid of the eyesore at CDC and Trigo Trail. We still do not know who made the decision to trim destroy the hedges right at the corner: Was it a resident's unilateral decision? Did the board authorize the...

Coto de Caza Subsidies, the Call of the Wild a way Forward? - August 19, 2007
What lack of common sense in the CZ master association has failed to do, apparently Divine Providence is doing: When asked how long the Coto de Caza Youth Park be closed, the answer was: ?as long as residents continue to report sightings of a mother lion...

Should I stay or should I go - in/from my HOA? X
First was the Delegate?s Corner blasting CZ Master Association board of director?s critics for speaking out against a corrupt delegate system and electoral process in favor of direct elections, consistent with current legislation, and consistent with the...

The New Seven, err... Eight Wonders of the World
CZ's definition for leadership is that whenever questions are raised, the canned response is ?Remember the Reserves?! Now CZ Spin Machine has to be the Eight Wonder of the World!- August 6, 2007 The results of the NOWC?s New Seven Wonders of...

Casta Courier Coverage of Unhappy Campers at Leisure World
I'd like to comment on the following paragraph that was in your publication "The Casta Courier" on July 19, 2007. The second paragraph reads as follows:

The Fertilizer Option- Good Enough For London and For NYCXIs Coto de Caza Mindless, or In a NY State of Mind- Think of it as a fertilizer option for commuters
August 15, 2007 Michael Bloomberg, the mayor of New York, unveiled a plan April 22, 2007 delivered in a speech to mark Earth Day, pledging to make New York "a brighter, healthier and more economically prosperous city". Mr Bloomberg framed the...

Trigo Trail Trailed Trimming Triggered By Board Temper Tantrum
It took six months for the association to get rid of the eyesore at CDC and Trigo Trail. We still do not know who made the decision to trim destroy the hedges right at the corner: Was it a resident's unilateral decision? Did the board authorize the...