This can't be ethical.

[CollegeKid12]

What is the name of your state (only U.S. law)? Ohio

I attend a college where every student pays a small fee into a collective fund for a non-profit law firm. Then if a student gets an underage, DUI, has issues with a landlord ect. they effectivly have the law firm on retainer to represent them free of charge.

I am in a fraternity that fined a member who subsequently left and does not want to pay the fine. Merits of the case aside I do not believe it is ethical that the lawyer represent him in this case.

On the lawfirms web sit it says it cannot represent a student in student v. student matters or matters of conflict of interest (among other reasons) and I believe both of these are violated in this case. First I see no difference between 1 student and a group of students and any money that this kid would get would be coming out of students pockets (as I stated the fraternitys funds are a collective pool of our money) and furthermore, since we all paid that fee how is it ethical of this lawyer to represent one client who paid a retainer over others? In theory my fee could now be put to use against me.

What are your thoughts? Do you agree or disagree? Any and all comments are welcome.

[Stevef]

Originally Posted by CollegeKid12

if a student gets an underage, DUI, has issues with a landlord ect. they effectivly have the law firm on retainer to represent them free of charge.

a fraternity that fined a member

In this case, the frat is also the landlord, someone from whom the agreement offers assistance.

Also, if he gets arrested for an OUI, the charges are brought by the people of Ohio. So in that case, you are paying his fees to oppose you as well.

[Ohiogal]

Originally Posted by CollegeKid12

What is the name of your state (only U.S. law)? Ohio

I attend a college where every student pays a small fee into a collective fund for a non-profit law firm. Then if a student gets an underage, DUI, has issues with a landlord ect. they effectivly have the law firm on retainer to represent them free of charge.

I am in a fraternity that fined a member who subsequently left and does not want to pay the fine. Merits of the case aside I do not believe it is ethical that the lawyer represent him in this case.

On the lawfirms web sit it says it cannot represent a student in student v. student matters or matters of conflict of interest (among other reasons) and I believe both of these are violated in this case. First I see no difference between 1 student and a group of students and any money that this kid would get would be coming out of students pockets (as I stated the fraternitys funds are a collective pool of our money) and furthermore, since we all paid that fee how is it ethical of this lawyer to represent one client who paid a retainer over others? In theory my fee could now be put to use against me.

What are your thoughts? Do you agree or disagree? Any and all comments are welcome.

A fraternity is NOT a part of the school. It is a private organization that may be located on campus but it is NOT a student organization per se. The fraternity's funds are the funds of the members of this PRIVATE organization. The student can sue the FRATERNITY. The student is not suing another student.

[CollegeKid12]

While he the member did reside in the chapter house the fraternity is not the landlord nor were these fines related to his living arrangments.

Also we are a registered student organization on campus that does not recieve operating funds from out national headquarters. Even if we were a private organization any and all funding for said organization comes stricly from students of the school.

[Ohiogal]

Originally Posted by CollegeKid12

While he the member did reside in the chapter house the fraternity is not the landlord nor were these fines related to his living arrangments.

Also we are a registered student organization on campus that does not recieve operating funds from out national headquarters. Even if we were a private organization any and all funding for said organization comes stricly from students of the school.

It is a PRIVATE organization. NOT a campus organization. You have a national charter correct? Hence you are a national organization -- a local branch thereof.

[cyjeff]

A student didn't accuse him.

An organization did.

[CollegeKid12]

Thank you for everyones replies but this issue has been resolved.

The University, with the help of the Campus advisor for Greek Life, has determined that since we are a registered campus organization and all monies trading hands are from the pockets of students that while the other kid is entitled to free representation from the school lawfirm so are we and they have secured us free representation as well.

Thanks for the feed back!