Submitted by: Anonymous, Assigned 18B Counsel, New York City.
NY County Defenders, Bronx Defenders, Brooklyn, Defender services, queens law associates (collectively know as “RFPs”) and the city of new York seek to establish lower then market rates for legal services to the public, increase per attorney volume of cases assigned to RFP’s, and the elimination of existing competition from private legal practitioners.
The city of New York has entered into a collusive agreement to price fix and monopolize legal services available to the public. As of January 1, 2010, there were approximately 1,100 individual attorneys in private practice servicing the indigent population of the city of NY, as “court appointed attorneys” under art, 18-B of the county law.
The present fiscal 2011 budget for indigent defense providers provides the following allocation:
FY 2010 FY 2011
18-B Assigned counsel $71,038 mil $71,038 mil
Legal Aid $87,185 mil $71,959 mil
In 2004 in response to an acknowledged need to increase the quality of legal representation to the indigent for one of the lowest paid legal service assigned fees in the nation, the contracted hourly rate for 18-B attorneys was raised from $40. per hour to $60. For misdemeanors, and $75. for felonies.
Shortly thereafter, the bulk of indigent assignment was given to the legal aid society and 18-B court appointed attorneys were limited to assignment of only those cases where there was a conflict in representation, such as legal aid representing one of multiple codefendants and cases with life sentence exposure. This drastically reduced the number of cases assigned to 18N attorneys.
The 2009 budget called for a cap for the legal aid society to reduce its then current volume of 592 cases per attorney, with a goal of eventually reaching a more manageable caseload of 70 cases per attorney per year.
Under current proposals to take effect I 2011, one mechanism that has been put in place to achieve those goal is to outsource all conflict cases to the RFPs.
As a direct result, most of the 18-b attorneys will lose their already limited government contract assignments. They wok without union benefits, medical coverage, or labor law protections as independent contractors while providing identical legal services as those provided by The Legal Aid Society. With the agreement between the City of New your and the RFP’s, the 18 B attorneys will be forced to offset the economic loss by increasing fees to other clients, seek employment with RPFs (as the RFPS already look to the distressed 18B attorneys as the main source of their recruitment), or the 18B attorneys will be forced out of business trying to compete with a government subsidized legal services provider.
In addition to the unemployment that will beset the attorneys, loss of clientele will result in the termination of office staff, and the lack of collateral work of other contracted services, including independent investigators, firearms, ballistic, psychiatric, and other experts, most of whom are private practitioners and some of whom are located outside of the state of NY, thus a direct impact
on interstate commerce.
Starting a new RFP can only be achieved by successfully being awarded a contract to provide services with a lower fixed salary rate per attorney with a higher volume of cases per attorney, even though it has been conclusively demonstrated that prior to 2004, the cost of maintaining and office even without the overhead of administrative staff, low payment of overburdened independent contractors, resulted in inadequate representation. It was judicially determined to be in conflict with the court’s obligation to provide reasonable experienced legal service, with the contract rate of $40. Per hour, then among the lowest rates in the country.
By reducing the 18B assignments by approximately one-half, The City of NY and the RFP’s establish and maintain monopolistic dominance and control of the NYC legal services market, providing legal services to the indigent below reasonable market rates.
Forty-four thousand (44,000) cases were handled by 18B last year. The new structure will increase the assignments to RFPs as Follows:
Queens Law Assoc. 10,000
Bronx Services 15,000
Brooklyn Defenders 20,000
The City of NY will increase the caseload of the RFP’s by 45,000 with a 20,000 case reduction by Legal Ai, therefore 25,000 cases will have to come from the 18B caseload reducing their assignments by over 50%. Thus the growth of the RPFs will be based on the acquisition and maintenance of monopolistic power and not upon superior product, business acumen or historic accident.
Okay, Occupy Wall Street made their impact on “their” street. The/Their cause is certainly justified but the reality is the Problem resides in the Nations Capitol, Washington, D.C. If the “crowd” doesn’t move to where the evil lives the movement will lose their relevancy for the “real” address that they should “shut down” is located at our Nations seat of government. Wall Street just happens to be the recipient, the beneficiary of laws, regulations and rules that favor the “bankers” to run amok and ruin the lives of tens of millions of citizens; tax paying citizens.