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Editorial: Letter to the Editor

July 6, 2011
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Letters to the Editor

To the editor:

As a corporate and securities law counselor to companies large and small for the past three decades, I take exception to remarks that Mark W. Everson, the commissioner of the Indiana Department of Workforce Development, volunteered to The New York Times. I reference his opinion piece with the insulting headline “Lawyers and Accountants Once Put Integrity First,” which was published by the Times on Sunday, June 19, 2011 (Week in Review, p. 8).

That Father’s Day column drew on Mr. Everson’s recollection of his father’s career as a Wall Street attorney and his own experiences as an accountant with a Big Eight firm leading to his stint as commissioner of the Internal Revenue Service under George W. Bush.

Recounting how honorable his father and he had been, and suggesting that lawyers and accountants in years gone by never “expected to get rich,” Mr. Everson lambasted both groups of professionals with the broadside that “[l]awyers and accountants who were once the proud pillars of our financial system have become the happy architects of its circumvention.”

As a remedy, he suggests that corporations should be stripped of their attorney-client privilege for discussions with their attorneys about “commercial transactions and financings and even government-mandated filings and disclosures...” Thus, in the span of two column inches, Mr. Everson suggests laying waste to a bedrock common law evidentiary principle that is grounded on sound policy, while suggesting that somehow he is opening up a “healthy” debate on a “can of worms.”

Further, his remarks seem to support the assignment to lawyers of a public “gatekeeper” role that, although increasingly suggested by Securities and Exchange Commission staff and others in speeches since the Enron debacle, is also not well grounded in the law or sound policy.

His conclusion is “[w]e should look at all the moving parts in our financial system – starting with the outside professionals – not just Wall Street and Washington.” Maybe he means Indiana?

I’ll let the accountants express their own outrage.

Maybe Mr. Everson is unaware that the subjects that he has so cavalierly addressed are the subjects of much regulatory, congressional, and scholarly debate, much of it triggered by the fallout from Enron, and the fallout of which included the Sarbanes-Oxley Act of 2002 and sweeping changes affecting auditors and lawyers for public companies. He’s about a decade late.

I am proud of the professionalism of the lawyers (and accountants) who assist the businesses of this state in attempting always to comply with their legal obligations with integrity, and find Mr. Everson’s piece of drivel to be an embarrassment to this state and the public administration of which he serves. He’s entitled, of course, to express his opinion, but better for him to do so as John Q. Citizen and not as a member of the cabinet of Gov. Daniels.•

Sincerely,

Mark B. Barnes
Mark Barnes Law PC
Indianapolis

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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