Daily Archives: January 21, 2011

Institutional Momentum Illustrated

The dust-up over lawyer disciplinary rules regarding fees continues in Texas.  Bennett is still at it.

There’s little or nothing I can do about goings on in Texas other than what I’ve done – which was not well received by those cantankerous Texans – but I couldn’t resist commenting on this:

As I have said before, the proposed rules have been vetted by the State Bar Disciplinary Rules Committee, the Supreme Court Task Force, the Board of Directors and the Supreme Court itself. To suggest that the final result is a product as flawed as the critics would have you believe is just a bit disingenuous. I hope you will study the proposed rules and make your own decision.

This, according to Bennett, is a quote from a letter from lawyer Ralph Brock favoring the disciplinary rule changes.  Bennett call this pitch a logical fallacy known as the “argument from authority”.

Logic should really dispose of such arguments but it doesn’t.  That’s the interesting, if maddening thing here.  A lawyer makes an “argument” like that and you jump all over its flaws because from a logical point of view it’s a stupid argument.  Not just wrong, but stupid.  Any first year undergraduate that took Phil. 101 probably knows that such an argument won’t fly.

Continue reading

Leave a comment

Filed under Judicial lying/cheating, Striking lawyers