Articles Posted in Ethics

Most lawyers handling cases involving permanent injuries and ongoing complaints of pain are familiar with the medical sub-specialty known as “pain management.” These doctors (often with experience in anesthesiology) concentrate in the management of long-term chronic pain. This is done by medication management and other methods. This is a legitimate medical specialty with its own certifying boards.

This kind of treatment is often viewed with some skepticism by insurers and juries. Anecdotally, I think this is because this treatment cannot result in a “cure” for whatever is wrong. Instead, it concentrates on making the patient as comfortable as possible by ameliorating the effects of painful permanent conditions. This leads to concerns that pain management treatment is not medically neccessary, or that it encourages drug-seeking behavior in patients.

Legitimate pain management doctors go to great lengths to establish medical neccessity, and to control concerns about drug-seeking by patients. They obtain records of past medical history, keep meticulate prescribing records, make patients sign treatment contracts, and often use urinalysis to monitor compliance. On the other hand, illegitimate pill-mill doctors have been known to omit these precautions, and will write endless streams of prescriptions for powerful narcotics, often based on nothign more than the patient’s say-so that it hurts. Most experienced personal injury lawyers have run into both kinds of pain management doctors. At least, I have.

My fellow attorneys, write this down: “Offering legal services in exchange for sex is unethical.” And unlikely to succeed, if you look at this ethics opinion where a lawyer made such an offer, to two clients who happened to be lesbians. You, sir, are a genius. Enjoy your well-deserved disbarment. Disclaimer: Although this is more likely to succeed with non-lesbians, it is equally wrong and repugnant. Thanks, Walter Olson. I do not agree with you politically on most things. But I agree unethical lawyers do everyone a disservice.

Justice Scalia trips and falls, but he is unharmed. Crap. This would have been the best slip/fall case ever, possibly even better than Judge Bork’s.  I love Judge Bork (not to be confused with Bjork). Great beard, (although not well visualized in the photo at right) and he reached the pinnacle of American achievement by becoming a verb.

Getting “Borked” now refers to defeating a judicial nominee by attackign his character and philosophy. And as an added bonus, it sounds kind of dirty.