tag:blogger.com,1999:blog-7656840100957938850.post1361580646772426568..comments2023-11-22T02:22:42.456-08:00Comments on Independence of Representation in Court and Judicial Accountability in the United States: A conceptually new challenge against occupational licensing and discipline by organized bars was launched in FloridaTatiana Neronihttp://www.blogger.com/profile/02164591853661429324noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7656840100957938850.post-76642664930281303252016-05-15T05:36:43.402-07:002016-05-15T05:36:43.402-07:00Thank you, Erwin. Makes sense.Thank you, Erwin. Makes sense.Tatiana Neronihttps://www.blogger.com/profile/02164591853661429324noreply@blogger.comtag:blogger.com,1999:blog-7656840100957938850.post-23343346402265829042016-05-14T20:12:32.233-07:002016-05-14T20:12:32.233-07:00I appreciate Tatiana's blog. The case is The ...I appreciate Tatiana's blog. The case is The Florida Bar vs Erwin Rosenberg, SC2015-2237. <br /><br />NLRA - 29 U.S. Code § 152(5)states as follows: "The term 'labor organization' means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work."<br /><br />Even though New York does not have an organized bar, arguably the Court and/or the Grievance Committee is a "labor organization" under NLRA. Employees participate since New York Judiciary Law § 468-a. Biennial registration of attorneys states as follows: " 4. The biennial registration fee shall be three hundred seventy-five dollars, sixty dollars of which shall be allocated to and be deposited in a fund established pursuant to the provisions of section ninety-seven-t of the state finance law, fifty dollars of which shall be allocated to and shall be deposited in a fund established pursuant to the provisions of section ninety-eight-b of the state finance law, twenty-five dollars of which shall be allocated to be deposited in a fund established pursuant to the provisions of section ninety-eight-c of the state finance law, and the remainder of which shall be deposited in the attorney licensing fund. Such fee shall be required of every attorney who is admitted and licensed to practice law in this state, whether or not the attorney is engaged in the practice of law in this state or elsewhere, except attorneys who certify to the chief administrator of the courts that they have retired from the practice of law." Furthermore, "any agency" may include the NY Court and/or the the relevant NY Grievance Committee and, like The Florida Bar, it exists for the purpose in part of dealing with employers concerning conditions of work. See NY Rules of Professional Conduct Rule 5.2 (" Responsibilities of a Subordinate Lawyer (a) A lawyer is bound by these Rules notwithstanding that the lawyer acted at the direction of another person. (b) A subordinate lawyer does not violate these Rules if that lawyer acts in accordance with a supervisory lawyer’s reasonable resolution of an arguable question of professional duty"). Erwin RosenbergErwinhttps://www.blogger.com/profile/11186472675285997824noreply@blogger.com