A Lawyer’s Time and Advice Is What?
by Chuck Ring
I guess that law schools must inject some of their graduates with chameleon DNA. How else to explain Edgewood’s very own attorney changing legal color at the drop of a suggestion? I am referring to his inability to support the funding of contracts with Wildlife West Nature Park, the Edgewood Library and the Edgewood Chamber of Commerce as reported in The Independent of May 21, 2008. All three entities have, in the past, contracted with the Town of Edgewood to provide services to the Town of Edgewood. Our attorney, Mr. Marcus Rael, Esq. seems unable to grasp the concept of contractual services, although he previously made no apparent protest regarding agreements with each of the aforementioned organizations. It seems Mr. Rael almost delights in referring to the contract payments as contributions in violation of the State Of New Mexico’s Anti-Donation Clause.
Most people with one eye and half-sense understand that the Town of Edgewood has contracted with more than a few businesses and individuals since it first incorporated. A case Mr. Rael should recognize is the town’s contract with none other than Mr. Rael. Another example or examples about which Mr. Rael should have some knowledge are contracts with our lobbyist and various engineers. Mr. Rael’s attempt to identify contracts for services as donations, is first, wrong in principal and second, wrong-headed. The foregoing is not just my opinion, but also that of a noted attorney.
Mr. Rael’s latest attempt to paint the picture seemingly desired by Mayor Stearley and Councilor Felton certainly has cover-up brush marks on its surface and runs into a red herring … a smelly one at that.
Is Mr. Rael the town’s attorney or just the governing body’s attorney? If the former, I certainly feel under- represented. I believe Poor Richard said it best as it relates to the type of legal service the citizens, i.e, the town receives (original spelling and punctuation retained).
The Benefit of Going To Law
Two beggars traveling along,
One blind, the other lame,
Pick’d up an oyster on the way,
To which they both laid claim:
The matter rose so high, that they
Resolv’d to go to law,
As often richer fools have done,
Who quarrel for a straw.
A lawyer took it straight in hand,
Who knew his business was
To mind nor one nor t’other side,
But make the best o’ th’ cause,
As always in the law’s the case;
So he his judgment gave,
And lawyer-like he thus resolv’d
What each of them should have;
Blind plaintif, lame defendant , share
The friendly law’s impartial care,
A shell for him, a shell for thee,
The middle is the lawyer’s fee.
Poor Richard’s Almanac, December 1733
3 Responses “A Lawyer’s Time and Advice Is What?”
Get “REAL” Mr Rael!!
Edgewood hired you to pursue the town’s best interests. Perhaps if you were in attendance at more of the town council meetings, you would better know what these interests are. Please do not hide behind “case law”. Take the town interests at heart and exercise some initiative! When I attended law school we were taught that the profession sometimes would require confrontation. Maybe now is the time for such action on your part?
I would also like to point out that the three events you are “ham stringing” involve citizen volunteers, not just vendors and may thus not fall under the”case law” you seem to be hiding behind.
EDGEWOOD WAKE UP!!!!
I’ve had similar thoughts, and have been very disappointed by Mr. Rael’s stance on this issue. Any attorney worth his salt should have been able to chart a course that would have led to successful and legal support for these events – assuming, of course, that the governing body had the least interest in doing so. Consider this: one might expect very different results if an attorney is told “find a way to make this happen” than if he is told “find a rationale to cut the funding.” I have some suspicion that the instructions given to the attorney were probably closer to the latter.
I suspect the town “fathers” and the mayor’s attorney have not heard the last from the savaging of the legal support given to several events over the last several years.
In connecting the town’s investment in culture to criminal activity, the town’s attorney and through the attorney, the governing body, have killed the spirit of this town and lost the support and enthusiasm of many in this town and others from outside this town that have enjoyed events held here.
Mr. Weckerle is on the right track when he suspects that the process was to, “find a rationale to cut the funding.” This mayor has had a burr under his saddle as to Wildlife West Nature Park and the Chamber of Commerce for quite some time.
Mayor Stearley has pledged to operate an “open government.” It would be nice if he holds to his promise … let us see just how “open” town government will be under Mayor Stearley. At this juncture, It appears we may have stumbled at the starting gate. We are mighty close to a system of politics for retribution.