There is one part of the debacle left behind by Eric Conn that has received little attention and that is the irresponsible behavior of the Kentucky Bar Association (KBA). Ned Pillersdorf has written an op ed for the Louisville Courier Journal on this aspect of the case.
After Social Security started its highly dubious effort to cut off benefits for thousands of Conn's former clients you would expect that the KBA would try to organize or at least assist pro bono legal representation for the claimants involved but the KBA did nothing. While individual Kentucky attorneys, including most prominently Ned Pillersdorf, did pro bono work to help those affected, most of the representation of Conn's former clients has been done by out of state attorneys in an effort organized by AppalReD Legal Aid. The KBA has been nowhere to be seen while this effort has been going on.
The biggest failing by the KBA has been its refusal to appoint a receiver for the files that Conn had on his clients. Yes, Conn did keep files. I've seen some. They weren't nearly as disorganized as I expected. Yes, he did request some medical records and certainly received some others from clients. However, his office did not always file medical records they received with Social Security. It wasn't that the records not submitted were harmful to the cases. Conn's office just never got around to submitting them. Getting access to Conn's files was an obvious step in representing his former clients. Some of the doctors involved are no longer in practice. Some of the claimants have forgotten which doctors they saw. I am representing one of Conn's former clients who is now in the early stages of Alzheimer's but you don't have to have dementia to have forgotten some of the details of your medical treatment history. Once it became clear that there were client files left behind by Conn, you would expect that the KBA would step in to appoint a receiver for the files. since their own rules give them this authority. Occasionally, an attorney gets arrested or suddenly dies. That's why there are rules for this sort of thing in Kentucky and other states. As the agency that regulates Kentucky attorneys you would expect the KBA to step up to help out with Conn's files but to the amazement and dismay of everyone involved, including the U.S. Department of Justice and federal judges, the KBA refused to do anything.
I hate to be critical of another state's bar but I cannot comprehend the KBA's behavior. I find it shameful. I would be up in arms about it if the the KBA's counterpart in North Carolina where I practice behaved like this but I cannot imagine that happening.
6 comments:
I expect nothing less from lawyers.
I expect nothing less from Kentucky.
I expect nothing less from claimant's reps.
One of his traveling attorneys now is out here in California. I liked him but really could not hire him due to this mess. I am glad he found employment after this debacle.
He told me stories of interactions w/ Conn. It almost sounded comical. What he did note is Conn always told him - "Everything will be fine." in his southern accent.
No, everything was not fine, Eric.
5:17, since the call went out in 2015 hundreds of the "claimant's reps" you think so poorly of have been donating thousands of hours of pro bono time to help these innocent people. Meanwhile, SSA attorneys have been continuing to earn their pensions and vacations by thinking of new ways to torture them.
"Torture them"
Do you even understand what that word means?
No wonder you are doing admin law.
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