Op-ed: Standing Up for Rule of Law in Pakistan

Ethics

We have witnessed with admiration and empathy the heroism of lawyers and judges in Pakistan as they squarely faced beatings and stood up to soldiers and police to defend the rule of law.  Thedissolution of the Supreme Court, the silencing of a free press, and ingeneral, the loss of democratic order have plunged that country intolegal chaos.

Thestruggle of the Pakistani lawyers reminds us that the ideals of freedomand the rule of law are not abstract concepts, but are very real linesthat stand between justice and tyranny. Their stand demonstrates howfragile the rule of law is in all nations, including our own.

Aslawyers, it is no surprise to us that Musharraf targeted his crackdownon his nation?s legal community among other aspects of civil society.Musharraf has treated the law, as well as the judiciary and free press,as dangers to his rule and curtailments to his power.

In Pakistanand elsewhere, lawyers are the keepers of democracy. In our own nation,lawyers built our democratic society, founded on the rule of law, andcontinue to play a vital role. 

When the Soviet Unioncollapsed, American lawyers helped draft constitutions and train judgeswhose work would help new democracies emerge. Although we appeared thento be in the midst of a worldwide flowering of liberty, increasingly wesee those gains in jeopardy.

The recent actions in Pakistanembody the reversal of values we hold dear. And in a world threatenedby terrorism and rising dictators, they make our world more dangerous,not less.

It is too easy to ignore the events in Pakistanbecause they are happening so far away. What the terrorist events onSept. 11 showed us, however, is that we do not live in isolation. Welive in an increasingly global society and we are more interconnectedas human beings than ever before.

TheAmerican Bar Association and other bar groups call on PresidentMusharraf to restore constitutional law and reinstate the Supreme Courtjustices, and to free those he has wrongly arrested.

Thosemessages have been reinforced by lawyers in cities across the globesince Musharraf declared a state of emergency in his country. Theprotests continue this week as we continue to express our solidaritywith our courageous counterparts in Pakistan.

Aslawyers, our goal is not just to support the rule of law, it is tostand up for our beliefs in basic human rights ? the right to feelsecure in our own homes, the right to work in safety and the right tofreely voice our views. 

The injustices in Pakistan cannot be ignored. Lawyers the world over must not rest until democracy and the rule of law have been restored in Pakistan.

Related listings

  • Improper Handling of Client Trust Accounts

    Improper Handling of Client Trust Accounts

    Ethics 04/07/2008

    Managing money is always tricky, especially when it belongs to someone elseThat's why, in 2006 alone, more than 20 lawyers found themselves before the State of Michigan Attorney Discipline Board after having grievances filed against them for mismanag...

  • Lawyer to be Suspended Over Conduct

    Lawyer to be Suspended Over Conduct

    Ethics 04/03/2008

    The former head of the Wayne County, MI  Prosecutor Office's drug unit will be suspended with pay Friday and now faces an investigation that could lead to criminal charges for her actions in a 2005 cocaine case.Prosecutor Kym Worthy, in a prepar...

  • DOJ Presses Bribery Case

    DOJ Presses Bribery Case

    Ethics 04/02/2008

    A US Department of Justice spokesman said Monday that the department would continue to press its bribery case against Rep. William Jefferson (D-LA) despite the US Supreme Court's refusal to review an appeals court ruling that held the FBI's conduct d...

Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.