Legal types

[D. Scarlatti]

I probably shouldn't say this but any lawyer that thinks state law is going to trump federal law likely shouldn't have been allowed past second-year law school. But as I said each state individually adopted ICPC, so perhaps that is where some of the confusion arose. I'd be interested to know, once this thing shakes out. Keep us posted.

[maddog]

Originally Posted by D. Scarlatti

I probably shouldn't say this but any lawyer that thinks state law is going to trump federal law likely shouldn't have been allowed past second-year law school. But as I said each state individually adopted ICPC, so perhaps that is where some of the confusion arose. I'd be interested to know, once this thing shakes out. Keep us posted.

Eww, "choice-of-law" questions. Ick; I hate that subject. Sometimes, when you have both federal and state law on the same topic, federal law takes precedence, and other times, the state law does. It depends whether one is intended to preempt or not, or which one is strictly the one that "applies." Very complicated, very technical, very fact-intensive and fact-specific.

I'm not sure if an "interstate compact" is a federal or a state law. If it's like the "uniform law on X," then the model of the law or code is created by law commissions, and each state opts in or adopts the law, so that even though the law only has status as "state" law, the law will be the same, or nearly the same, in the jurisdictions (states) which adopt it.
#674

[D. Scarlatti]

Points well taken, maddog. I was operating under the assumption, according to what someone said to LS, that she was possibly in violation of federal law. Now I fail to see which federal law is implicated, since the ICPC isn't part of the United States Code, but rather a contract between and among individual states. Hinky, indeed.

[Stephen Maturin]

The ICPC is state law, which only serves to make the lawyers' conduct all the more egregious. I've got a vitriolic rant floating around in my head about how incompetent lawyers do at least as much (and probably more) damage every year than incompetent doctors, but now's not the time.

This whole mess sucks, LadyShea. Based on the limited information available in this thread, it's probably too soon to pull the lawsuit trigger. Legal malpractice claims, like all other professional negligence claims, are very expensive to prosecute. From a practical standpoint, litigation expenses would likely exceed your potential recovery at this point.

For now, the wisest course is to play ball with the NC ICPC authorities. When they're happy, everyone's happy.

Once everything is concluded and all three of you are home for keeps, you can consider asking your lawyer to reimburse you for the out-of-pocket expenses you incurred on account of the fuck-up. If the lawyer has any scruples at all, s/he'll offer to pay those expenses without being asked.

If, heaven forbid, a legal malpractice suit becomes necessary, I'll make it my personal mission to find y'all an experienced, competent attorney to handle the case. Also, it seems to me that the state attorney disciplinary authorities might be interested in hearing that certain lawyers are handling cases they're not competent to handle without bringing in co-counsel. That's a big fat no-no under the attorney ethics rules of all states.

[D. Scarlatti]

I'd still like to know what federal law she's been accused of violating.

[Stephen Maturin]

Originally Posted by D. Scarlatti

I'd still like to know what federal law she's been accused of violating.

Good question. There's nothing remotely "federal" about the ICPC, AFAIK. It's a contract among the states accompanied by implementing legislation at the state level.