A while back I was informed that my neighbors' homeowner's insurance (Farmers Insurance Group) is paying for an attorney to defend them against my noise nuisance suit. (Never mind that I allege unlawful nonresidential, or business, use of property. Who knew that home-based businesses are covered under residential policies?)
I was also informed that California law prevents insurance companies from furnishing legal representation to policyholders directly and must, therefore, pay a third-party attorney to do the work. Here is what I discovered about John A. McFadden, Esq. - State Bar No. 173588, attorney for the defendants. Look carefully and tell me...
Why does this supposedly "independent attorney" list on his entry with the California State Bar an email address at FarmersInsurance.com?
Further, he works for the law offices of Field & Sanders in Rancho Cordova, CA, undoubtedly a respected and respectable firm, headed up by Douglas L. Field, Esq. - State Bar No. 56990. Alas, Mr. Field has no email address on file with the State Bar. However, this esteemed gentleman has a long and impressive resume on file with the San Joaquin County Court. Again, look closely and tell me...
How is "independence" maintained when the owner/managing partner of the law firm assigns an associate to this case, while himself occupies the position of Staff Counsel of Farmers Group of Companies since June 1997 according to his resume?
I know... I know... they'll tell me that because they are not "employees" of (any of) the Farmers Group of Companies, it is, therefore, not illegal to thusly represent Allen's & Brassey's illegal nonresidential (business) use of their property. (I'm pretty sure that's lawyer-speak for, Screw you.)
Mr. Field and Mr. McFadden may not be "employees" of Farmers Group, but be assured that their homes, boats, cars, childrens' college funds, and wives' clothes and jewelry will be purchased by all those policyholders who contribute premiums to one of the myriad corporations under the Farmers Group umbrella. The legal services these "interdependent esquires" render to Farmers is a balancing act between maximum billings to their firm and minimum impact to shareholders' stock value. Nobody wants to foul that honeypot spot called Staff Counsel.
One can no longer expect to receive impartial rulings from Blind Justice under the Rule of Law. In our system of Justice-for-Sale, individuals need to watch the rear view mirror to avoid being steam-rollered by Great Wads of Cash.
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