Once again, HALT has found another judge without justice.

In June, the Florida Judicial Qualifications Commission issued only token sanctions to Judge Richard Abritton, who admitted asking lawyers for gifts, free lunches, hunting trips and parties. In one case, Albritton ordered a defendant to attend church and, when he was advised that his order was unconstitutional, responded, “I know that’s unenforceable, but the defendant doesn’t know it.” In another, he urged an impoverished woman to “close your legs and stop having babies.” Overlooking Albritton’s repeated abuse, Florida’s judicial disability body merely ordered a one-month suspension and a nominal fine. Today, Albritton is back on the bench, hearing new cases in Florida’s Fourteenth Judicial Circuit.

After a promising decision from the U.S. District Court for the Southern District of Ohio, the court reversed itself and allowed the Ohio Supreme Court to shut down American Family Prepaid Legal Corporation pending its investigation of an unauthorized practice of law complaint filed by the Columbus Bar Association.

The Columbus Bar lodged the complaint against American Family Prepaid because it uses nonlawyers to provide many of its estate planning services. The Supreme Court of Ohio ordered the business to close its doors until an investigation and hearing could be conducted. American Family appealed that decision to federal court.

As we report in our forthcoming issue of The Legal Reformer, the federal district court originally disagreed and ordered that American Family Prepaid be allowed to continue business until a formal hearing demonstrated that the company had actually engaged in the unauthorized practice of law. The Columbus Bar asked for reconsideration of the order on a technicality, which the court granted. The court then reversed its original decision and again allowed the Supreme Court of Ohio to shut American Family Prepaid down. For now, the American Family Prepaid Legal Services Plan cannot operate in Ohio.

State and local bar associations use unauthorized practice of law statutes to prevent affordable alternatives to lawyers from being able to do business. Unfortunately the District Court’s decision ensures that the lawyers’ monopoly continues unabated, limiting affordable alternatives for legal consumers in Ohio.

California Proposes Direct Disclosure of Malpractice Insurance

HALT submitted comments to the California state bar strongly supporting the bar's proposal. The recommendations will serve the best interests of consumers as well as institute a better system of client protection and lawyer accountability. If accepted, California will become the sixth state to require direct disclosure to clients.

HALT also encouraged the bar to make this information available to prospective clients searching online, via telephone or through the state bar.

Although HALT supports a disclosure policy, we urged the bar to consider adopting a policy of mandatory malpractice insurance coverage for all attorneys in the state, which would protect clients victimized by their attorneys. Currently Oregon is the only state to mandate a malpractice insurance requirement. To read the official proposal, click here.

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