Lawyers Own Congress and State Legislatures

WASHINGTON -- U. S. Senator Jeff Sessions is using the Senate debate over a comprehensive national tobacco policy to launch a double-barreled assault on the lawyers hired by states to lead their charge against tobacco companies. Sessions, a freshman Republican and a former Alabama attorney general, joined Sens. Lauch Faircloth, R-N.C., and Mitch McConnell, R-Ky., in an unsuccessful bid Tuesday, May 26, 1998, to persuade the Senate to place a modest $250-an-hour limit on fees paid to any attorney involved in tobacco-related lawsuits. Who, in America, makes $250.00 per hour? The Senate rejected their amendment by a 58-39 vote, despite Sessions contention that trial lawyers stand to reap more than $18 billion in fees if Congress enacts the tobacco legislation that grew out of state lawsuits against the big tobacco companies. "We are talking about fees the likes of which the world has never seen, the largest fees in the history of mankind," Sessions said. "It's a matter of unjust enrichment, a real windfall, a jackpot justice situation that cannot be sustained." Senator Sessions is right to limit lawyer's fee in tobacco settlement. If you were one of the many lawyers in Congress, would you vote against an $18 Billion fee, for your buddies? No Term Limits for District Attorneys The district attorney is the highest law enforcement officer in the county or district. Most district attorneys run for the elected position, uncontested. Candidates for the district attorney's seat must be at least 18 years of age, a state resident for a minimum of one year, a U.S. citizen for a minimum of one day, and a registered voter. He or she must be licensed to practice law in the state and must have resided in the district which he or she seeks to represent for one year before the election. The district attorney serves a term of six years with no term limit. Nolo Books: Banned in Austin? Can a state Supreme Court ban books because they compete with lawyers? Texas seems to think so, and its current target is Nolo Press books. The Texas Supreme Court has summoned Nolo to a closed-door hearing in Dallas this August. The charge: that Nolo sold Texans software and books containing forms that will "affect legal rights." According to a committee authorized by the Texas Supreme Court, that activity in other works, publishing may violate Texas laws against the "unauthorized practice of law." Nolo Press has been publishing legal books and software for more than 25 years, and although lawyers have grumbled about the competition, none of them ever tried to stop our business. Until now. Lawyers' groups have sometimes gone after non-lawyers who help customers fill out and file simple legal forms. But they've almost always stopped short of attacking publishers, who are protected by the First Amendment to the United States Constitution. On those rare occasions when lawyers did take on publishers, courts turned them down flat. The most well-known case came more than 30 years ago, when the New York County Lawyers' Association sued over the publication of Norman Dacey's pioneering book How to Avoid Probate! An appeals court, noting that "it is a prized American privilege to speak one's mind," ruled that the First Amendment did not allow courts to bar publications merely because they gave advice on the law or criticized legal institutions. What Happens Next? If a Texas court concluded that Nolo were engaging in the unauthorized practice of law, it could conceivably order us to stop distributing books and software to Texas citizens, libraries and booksellers. Might it also tell Bookstores and libraries to purge their shelves of self-help law books? Direct on-line booksellers like amazon.com not to ship to Texas addresses? Forbid Texans from accessing Nolo's on-line information? The possibilities are endless and ludicrous. Although we think this whole episode is outrageous, we're taking it seriously. We've asked Texas to let us know exactly what the charges are against Nolo. We want to know what books or software are being challenged, and just what Nolo's rights are at the mysterious hearing we've been requested to attend. It's our understanding that the press and public will be barred. And apparently, the committee, which is composed of private attorneys, serves as both prosecutor and judge; after the hearing, it will make a recommendation about whether or not Nolo should be sued. Your Opinion Counts If you would like to let the Texas Supreme Court know your opinion of how it's spending its time and resources, write to: Chief Justice Thomas Phillips Supreme Court of Texas P. O. Box 121248 Austin, TX 78711 http://www.nolo.com Back to Contents

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