Showing posts with label bad attorneys. Show all posts
Showing posts with label bad attorneys. Show all posts

Tuesday, August 21, 2012

"Am I crazy? I believe every child can have an excellent teacher--without firing any teachers?"


TUESDAY, AUGUST 21, 2012

Posted August 21, 2012 by Maura Larkins,

Am I crazy? I believe every child can have an excellent teacher--without firing any teachers!

Lots of kids get stuck for years with various incompetent teachers, but it doesn't have to be that way. We can fix the problem. And save money!

Am I crazy to think this?

HERE'S THE MATH:

Here's the comparison for four classrooms and one extra salary (thousands):

Currently: $60 + $60 + $60 + $60 + $60 = $300

New plan: $90 + $45 + $45 + $45 + $45 = $270

HERE'S THE PLAN:

An excellent teacher could come into each classroom for just a few hours a week and make a huge difference--if that teacher had responsibility for student success and authority to make decisions.

Parents should not need political clout to get a good teacher for their child. Every student should--and could--have a great teacher, without wasting time and energy on the losing battle to fire incompetent teachers.

The truth is that the critical moments in learning don't happen continuously five hours a day. They add up to at most a couple of hours each day, and probably much less. The rest of the time an ordinary, mediocre teacher can handle the skill practice and lesson reinforcement, computer activities, art projects, silent reading (how much skill is needed to be in charge of that?) and so on.

GIVING SUPPORT TEACHERS A REAL JOB

At my old school we were paying a top salary--well over $60,000, for a computer teacher who was very nice, but her job was merely to familiarize kids with computer programs. An aide could have done the job. When the principal (Ollie Matos) tried to switch that computer teacher to giving basic reading and math lessons, the teachers went ballistic. The story became a sensation in the San Diego Press, and a group of angry teachers were named the "Castle Park Five" by San Diego Union-Tribune editor Don Sevrens. Basically, what the teachers wanted was 45 minutes a week in which they could send their students to another teacher. But in my plan, classroom teachers would have this kind of help and relief for more than an entire day each week! The nice computer teacher could become a master teacher!

Resource teachers like computer teachers and language and math support teachers could become master teachers. And let's face it: how much good are those resource teachers able to do? They go around and offer suggestions, but they are really doing the equivalent of passing out band-aids. I would never want such a job. It might be relaxing not to have direct responsibility for student learning, but isn't that the point of being a teacher?

NO MORE ABUSIVE TEACHERS

Academics would not be the only thing that master teachers would be responsible for. Abusive, immature teachers with a habit of undermining students could be overruled and guided by the master teacher.

WE COULD SAVE MONEY!

Why do we pay bad teachers the same amount of money as good teachers? It makes no sense!

Excellent teachers should be paid much more than average teachers, and could be responsible for all students in several classrooms.

Each classroom could have a full-time regular teacher who be paid a lower salary, but would be eligible to become a master teacher. The master teacher would also be responsible for helping and guiding the regular teacher.

Here is a chart of average teacher salaries in the US.

In California the average teacher salary is roughly $60,000 (with a starting salary of $35,000.)

We could allow regular teachers to rise in salary to an average of $45 thousand, and allow master teachers to rise to an average of $90 thousand--for overseeing four classrooms.

Money for support teachers and teacher aides would be switched to master teacher positions in the classrooms. (Of course, special education would still require teacher aides.) Some people who are currently teacher aides could become regular teachers.)

Here's the comparison for four classrooms and one extra salary (thousands):

Currently: $60 + $60 + $60 + $60 + $60 = $300

New plan: $90 + $45 + $45 + $45 + $45 = $270

MEANINGFUL EVALUATIONS OF TEACHERS WOULD BE REQUIRED

Of course, meaningful evaluations of teachers would have to be instituted to make this plan work. Current evaluation systems are worse than useless. My plan would call for frequent observations by both master and regular teachers, but they would observe classrooms in other districts to keep school politics out of the process as much as possible. The observations would have a beneficial side effect: they would allow teachers to get pick up new ideas.

I believe it would be good to use student test scores when choosing who is to be a master teacher, but I don't think it's absolutely necessary. The good thing about it is that it would take some of the politics out of teacher evaluation. It should be noted that although student test scores vary widely from year to year for most teachers, some teachers do get consistently high scores from their students year after year.

Wednesday, July 18, 2012

What to Do if the Unthinkable Happens... and You are Forced to Rely On Your CTA Appointed Attorney?

The following came from Union Plus Legal Services web site:
I cannot vouch for the accuracy of the claims here in
AFT, pursuant to the AFT Legal Defense Fund, assists FEA by sharing the costs of in-house counsel on matters that fall within the scope of its program.  In-house counsel provide representation to locals in matters before the Public Employees Relations Commission; appeals of final agency orders; and legal actions relative to collective bargaining, organizing or political action.  The Office also provides representation to individual members in dismissal, certification, appeals of final agency orders when legally warranted, and other matters as determined under the program.

Find a Lawyer in Your Area
NOTE: When you contact a lawyer in the network, tell them you're calling for the Union Plus Legal Service so you can get your free initial onsultation and discount.
1.     Call  1-888-993-8886 (9-7 ET, M-F) or
2.     Find a lawyer online and after selecting a lawyer, use the online tool to notify that lawyer by email of your intent to contact their office; you can even briefly describe your legal issue.
3.     Print a Union Plus Legal Service business card as a handy reference.
No participating lawyers in your area? Let us know where the program needs participating lawyers, email legal@unionprivilege.org or recommend a lawyer in your area by completing this form.
Find a lawyer in your area using the Union Plus Legal Service
In legal matters, union members rely on expert advice. And to help find lawyers who can answer their personal legal questions, members can consult the Union Plus Legal Service.
Need a lawyer? Lawyers in the legal panel have expertise in:
 Family law
 Traffic matters
Wills and estate-planning
Real estate
 Immigration law and more.
The Union Plus Legal Service helps:
Make legal services more accessible and affordable to union members and their families.
Simplify the search for legal advice for working families.
Encourage the use of preventive law-get advice before a legal question becomes a legal problem.
"Legal aid services you can trust:"
Selective? (HARDLY!) Union Plus Legal Service lawyers are carefully selected to make sure members receive the best cheapest services available (to CTA)Labor-friendly? (Unless you think attorney malfeasance and the loss of YOUR career unfriendly.) Many of the panel of attorneys serving the program have been selected from lists of lawyers involved in the union movement and those involved with similar group legal services programs. 

Tuesday, May 22, 2012

Attorney Discipline: System Must Weed Out Unethical Lawyers Who Damage Profession's Reputation


Originally Published by the
Los Angeles Daily Journal 
December 16, 2002

By James C. Turner and Suzanne M. Mishkin

In the fall of 2002, HALT - An Organization of Americans for Legal Reform released its Lawyer Discipline Report Card, the first comprehensive evaluation of the nation's attorney discipline system in ten years. The Report Card points to persistent problems that have gone largely unremedied for over a quarter of a century.

In 1970, a blue ribbon panel led by U.S. Supreme Court Justice Tom Clark conducted a groundbreaking review of the attorney discipline system, and found a "scandalous situation" that required "the immediate attention of the profession."

The Clark Committee itemized 36 defects in the disciplinary system, in particular, criticizing the practices of most disciplinary agencies, which "deliberately discourage any publication of information concerning their activities, believing that the public image of the profession is damaged by a disclosure that attorney misconduct exists."

In addition, this review found that a panel of lawyers, rather than judges or lay persons, controlled the disciplinary system, creating an institutional bias that grossly undermines the effectiveness of the entire disciplinary system.

Twenty-two years later, an American Bar Association commission, chaired by Dean Robert McKay of the New York University Law School, found that the public has a "growing mistrust of secret, self-regulated lawyer discipline."

Like the Clark Committee before it, the McKay Commission concluded that the practice of allowing bar officials to control state disciplinary systems creates the appearance of a gross conflict of interest, "regardless of the actual fairness and impartiality of the system."

Summing up the situation in 1992, the Commission criticized the entire country's lawyer discipline system as "too slow, too secret, too soft and too self-regulated."

While there has been some modest progress since these scathing indictments, sadly it has not been nearly enough to fix a badly broken system.

Just last month, Stanford University Legal Ethics Professor Deborah L. Rhode stated, "Bar disciplinary procedures are anything but user-friendly to the consumer, and most are more responsive to the profession's interests than the public's."

Similarly, judges, legal scholars, practicing attorneys and bar officials, who convened the National Conference on Professionalism at the University of South Carolina School of Law, broadly agreed that the current system of lawyer discipline has lost the public's confidence, and urged the profession to lead the way in demanding meaningful reforms.

HALT's Report Card is our effort to bring the deficiencies of the attorney discipline system to the attention of the profession and the public. The Report Card assesses the performance of disciplinary systems in all 50 states and the District of Columbia on six key factors: (1) adequacy of discipline imposed; (2) publicity and responsiveness; (3) openness of the process; (4) fairness of disciplinary procedures; (5) public participation; and (6) promptness.

The results expose an appalling pattern of toothless sanctions, unnecessary secrecy, biased procedures and endless delays.

More than 114,000 complaints were filed against lawyers in 2000, the most recent year for which the American Bar Association provides data. In that same year, the rate of formal discipline was less than 3.5 percent, and the rate of disbarment was less than one percent.

In California, 93 percent of investigated cases led to absolutely no disciplinary action. And this is not surprising given that California bar rules provide that a lawyer will only be disciplined if misconduct is proven by "clear and convincing evidence," a far more demanding standard of proof than the "preponderance of the evidence" test that applies in other civil proceedings.

In state after state, we found that most complaints are not even investigated or are dismissed on technicalities, while only a handful lead to more than a slap on the wrist in the form of a private admonition or a closed-door reprimand. With this tiny trickle of discipline, is it any wonder that a recent Columbia Law School survey found less than one-third of Americans think lawyers are even "somewhat" honest?

In most states, attorney discipline proceedings are secret, non-public hearings where a panel of lawyers sits as both judge and jury. In many states, even the person who filed the complaint does not have a right to attend.

In California, there is not even token layperson representation in disciplinary decisions - instead, only lawyers decide if and when to impose sanctions upon their colleagues.

In every jurisdiction except Oregon and Arizona, disciplinary bodies refuse to release an attorney's full disciplinary history. Officials in California will only inform consumers of whether an attorney has been publicly disciplined; records of all complaints, formal charges and informal discipline are kept under seal.

Consumers in many jurisdictions are forced into silence by gag rules that threaten fines or jail for talking about the complaint or its outcome. Even those without gag rules frequently try to restrain speech, asking complainants to keep their grievances confidential.

Justice delayed may be justice denied, but it is par for the course in attorney discipline cases. Even the state that earned our highest grade (Massachusetts with a B minus) failed to act promptly on complaints - taking an average of 681 days to issue formal charges and well over two years to impose discipline.

In Washington State, it took one victim thirteen years to get an incompetent lawyer suspended. Many states, like California, do not even keep a record of how promptly they respond to grievances.

These are national problems; of the fifty-one jurisdictions we evaluated, thirty-nine earned a C- or lower; and twenty-one of these received Ds or lower (Pennsylvania and North Carolina flunked outright). California earned a mediocre C.

Part of the problem is that lawyer discipline bodies are asked to perform conflicting missions.

For example, the mission statement for the District of Columbia disciplinary body requires it to fulfill "a dual function: to protect the public and the courts from unethical conduct by members of the D.C. Bar and to protect members of the D.C. Bar" (emphasis supplied).

A lawyer discipline system serving two conflicting masters is bound to prove ineffective.

To correct the nationwide pattern of laxity, secrecy, bias and delay that characterize this broken system, we believe four fundamental reforms are needed.

* Lawyer discipline cases should be heard by publicly controlled disciplinary panels where non-lawyers have at least a majority voice. Independent medical boards in many states offer a superior model for ensuring accountability. These medical boards, which are appointed by governors and state legislatures, rely on physicians to help them understand technical issues, but the doctors stay out of the decision-making process. Lawyers should, too.

* The discipline system must come out into the open. Private reprimands should be replaced with meaningful public discipline. Hearings should be open to the public. And complaints against lawyers and sanctions should be a matter of public record, available to every citizen.

* Disciplinary policies should more closely approximate the rules governing the civil justice system. Gag rules should be abolished. If the preponderance of the evidence demonstrates that an attorney has violated the rules of professional conduct, the attorney should be sanctioned.

* The glacial pace of attorney discipline must come to an end. Imposing real deadlines - requiring a preliminary disciplinary hearing within ninety days, for example - would be a giant step toward jettisoning bureaucratic red tape and creating a system that actually brings justice to victims of misconduct.

By adopting these simple reforms, we can replace a system that is an abject failure with one that actually protects consumers and begins to restore public confidence in the legal profession.

After thirty years of ignored calls for reform, responsible lawyers who have a real commitment to professional responsibility need to mobilize and demand action to fix the attorney discipline mess.

All who practice law have a shared interest in creating a system that investigates promptly, deliberates openly, and weeds-out unethical or incompetent attorneys who damage the profession's reputation.

By addressing long-recognized failures in the current disciplinary system, we have an opportunity to create a structure that engenders consumer trust and respect, rather than alienation and resentment. After three decades of marginal reform, can we do less?
-------------
* James C. Turner is Executive Director and Suzanne M. Mishkin is Associate Counsel of HALT, Inc. - An Organization of Americans for Legal Reform.
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This is the fight of our professional careers. Are You In or Out?

What's taking so long? This is the fight of our professional careers. Are You In or Out? "Hell has a special level for those who sit by idly during times of great crisis."
Robert Kennedy

The Art of SETTING LIMITS, Its not as easy as it looks.

Art of Setting Limits Setting limits is one of the most powerful tools that professionals have to promote positive behavior change for their clients, students, residents, patients, etc. Knowing there are limits on their behavior helps the individuals in your charge to feel safe. It also helps them learn to make appropriate choices.


There are many ways to go about setting limits, but staff members who use these techniques must keep three things in mind:
Setting a limit is not the same as issuing an ultimatum.
Limits aren’t threats—If you don’t attend group, your weekend privileges will be suspended.

Limits offer choices with consequences—If you attend group and follow the other steps in your plan, you’ll be able to attend all of the special activities this weekend. If you don’t attend group, then you’ll have to stay behind. It’s your decision.
The purpose of limits is to teach, not to punish.
Through limits, people begin to understand that their actions, positive or negative, result in predictable consequences. By giving such choices and consequences, staff members provide a structure for good decision making.
Setting limits is more about listening than talking.
Taking the time to really listen to those in your charge will help you better understand their thoughts and feelings. By listening, you will learn more about what’s important to them, and that will help you set more meaningful limits.
Download The Art of Setting Limits

SYSTEMATIC USE OF CHILD LABOR


CHILD DOMESTIC HELP
by Amanda Kloer

Published February 21, 2010 @ 09:00AM PT
category: Child Labor
Wanted: Domestic worker. Must be willing to cook, clean, work with garbage, and do all other chores as assigned. No contract available, payment based on employer's mood or current financial situation. No days off. Violence, rape, and sexual harassment may be part of the job.

Would you take that job? No way. But for thousands of child domestic workers in Indonesia, this ad doesn't just describe their job, it describes their life.

A recent CARE International survey of over 200 child domestic workers in Indonesia found that 90% of them didn't have a contract with their employer, and thus no way to legally guarantee them a fair wage (or any wage at all) for their work. 65% of them had never had a day off in their whole employment, and 12% had experienced violence. Child domestic workers remain one of the most vulnerable populations to human trafficking and exploitation. And while work and life may look a little grim for the kids who answered CARE's survey, it's likely that the most abused and exploited domestic workers didn't even have the opportunity to take the survey.

In part, child domestic workers have it so much harder than adults because the people who hire children are more likely looking for someone easy to exploit. Think about it -- if you wanted to hire a domestic worker, wouldn't you choose an adult with a stronger body and more life experience to lift and haul and cook than a kid? If you could get them both for the same price, of course you would. But what if the kid was cheaper, free even, because you knew she wouldn't try and leave if you stopped paying her. Or even if you threatened her with death.



Congress Aims to Improve Laws for Runaway, Prostituted Kids

by Amanda Kloer

categories: Child Prostitution, Pimping

Published February 20, 2010 @ 09:00AM PT

The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:

Shelter: Lack of shelter is one of the biggest vulnerabilities of runaway and homeless youth. Pimps will often use an offer of shelter as an entree to a relationship with a child or a straight up trade for sex. In the past couple years, at least 10 states have made legislative efforts to increase the number of shelters, extend shelter options, and change state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police. Much of the new federal legislation would make similar increases in the availability and flexibility of shelter options.

Police Reporting: Right now, police are supposed to enter all missing persons into the National Crime Information Center (NCIC) database within two hours of receiving the case. In reality, that reporting doesn't always get done, making it almost impossible for law enforcement to search for missing kids across districts. This hole is a big problem in finding child prostitution victims and their pimps, since pimps will often transport girls from state to state. The new bill would strengthen reporting requirements, as well as facilitate communication between the National Center for Missing and Exploited Children and the National Runaway Switchboard

We Must Never Forget These Soldiers, Sailors and Airmen and Women

We Must Never Forget These Soldiers, Sailors and Airmen and Women
Nor the Fool Politicians that used so many American GIs' lives as fodder for the fight over an english noun - "Communism"