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Are Lawyers A Productive Part of Society?
The Volokh Conspiracy ^ | 10-5-2009 | Paul Cassell

Posted on 10/05/2009 10:14:32 AM PDT by stan_sipple

The ABA Journal has this interesting thought attributed to Justice Scalia. Asked to comment on whether the quality of advocacy before the U.S. Supreme Court was too low, Justice Scalia is quoted as saying:

“I used to have just the opposite reaction. I used to be disappointed that so many of the best minds in the country were being devoted to this enterprise.

“I mean there’d be a … public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn’t she out inventing the automobile or, you know, doing something productive for this society?

“I mean lawyers, after all, don’t produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That’s important, but it doesn’t put food on the table, and there have to be other people who are doing that. And I worry that we are devoting too many of our very best minds to this enterprise.”

Justice Scalia is at his provocative best here, forcing us to wonder whether our legal system now pervasively controls so many aspects of our society that too many of the best minds have to go into the profession.


TOPICS: Business/Economy; Society
KEYWORDS: ambulancechasers; lawyers; scalia; sharks

1 posted on 10/05/2009 10:14:33 AM PDT by stan_sipple
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To: stan_sipple
“I mean lawyers, after all, don’t produce anything", ....

need we say more?

2 posted on 10/05/2009 10:19:07 AM PDT by annieokie (i)
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To: stan_sipple

On rare occasions where they maintain the Constitutional Rights of individuals.


3 posted on 10/05/2009 10:19:56 AM PDT by Paladin2 (Big Ears + Big Spending --> BigEarMarx, the man behind TOTUS)
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To: stan_sipple
Yes, they are productive. A trip to Russia convinced me that while America does have too many lawyers, there is such a thing as too few.

Russia really doesn't care if you fall into open holes -- 8 feet deep, too -- on their major highways, or your elevator malfunctions and you plunge to your death, and so on.

We need to take 1/2 our lawyers and airdrop them into Russia.

4 posted on 10/05/2009 10:21:54 AM PDT by Lazamataz (DEFINITION: rac-ist (rA'sis't) 1. Anyone who disagrees with a liberal about any topic.)
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To: stan_sipple

I believe that most of the country’s problems could be solved if we set all of the lawyers adrift on a giant raft in the ocean.


5 posted on 10/05/2009 10:22:39 AM PDT by Smittie
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To: Lazamataz
We need to take 1/2 our lawyers and airdrop them into Russia.

But the U.S. doesn't believe in bio-warfare... ;-P

6 posted on 10/05/2009 10:23:03 AM PDT by MortMan (Stubbing one's toes is a valid (if painful) way of locating furniture in the dark.)
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To: stan_sipple

Lawyers are like guns.

You can get rid of them all, but you take mine last.


7 posted on 10/05/2009 10:23:15 AM PDT by Tijeras_Slim (Live jubtabulously!)
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To: annieokie

As one one of my professors said to a class room full of first year law students, while trying to make the same point as Scalia:

“You are transaction costs!”


8 posted on 10/05/2009 10:23:17 AM PDT by hc87
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To: stan_sipple
Not only are most lawyers not productive, they are counterproductive. They weasel technicalities to let criminals go free and commit more crimes. They threaten productive members of society with lawsuits and take away their life savings. They sue banks and make them provide mortgage loans to people who can't repay them. They extract extortion from corporations that ends up being paid by all consumers. they have turned our government into a pathetic, bloated dysfunctional bureaucracy.
Barack Obama is a lawyer, John Edwards is a lawyer, both Clintons are lawyers.
Lawyers are a scourge upon our country.
9 posted on 10/05/2009 10:23:35 AM PDT by detective
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To: Lazamataz

We need to take 1/2 our lawyers and airdrop them into Russia.

I like that solution but I suggest we bump that figure up to 3/4th. ;^)

10 posted on 10/05/2009 10:25:50 AM PDT by Red Steel
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To: Lazamataz
We need to take 1/2 our lawyers and airdrop them into Russia.

That would be fine with me provided we employ no parachutes in the effort.

11 posted on 10/05/2009 10:30:56 AM PDT by andy58-in-nh (America does not need to be organized: it needs to be liberated.)
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To: stan_sipple

This reminds me of the movie, Devil’s Advocate, when Satan was asked why he chose lawyers to be his instruments for the destruction of humanity. Lawyers have their fingers in everything. I could write a treatise on the problem with lawyers and the law, but that is not stated topic. Lawyers do produce things: grief.


12 posted on 10/05/2009 10:31:07 AM PDT by Nosterrex
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To: hc87

and they admit it? They do know who they are for sure.


13 posted on 10/05/2009 10:36:41 AM PDT by annieokie (i)
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To: stan_sipple
In my observation lawyers are largely exploiting distressed people, ‘Ambulance chasers’ indeed, always looking for big business or rich corporations or their leaders to harass.

Of course there are true circumstances and situations that cry out for justice.

Every public business has raised costs and charges ... mostly because of litigation against them It is the public that pays. IE the cost of health care, Doctors, insurance companies, and all the buyers of all types of insurance ... including home owners insurance.

Poor members of juries believe that Corporations, Doctors,monied people can pay any amount: and after all is it fair for them to be so rich?

Not in their eyes. We are to be equal before the law. We all know it is not likely to actually happen that way. DUI'S against the poor, or illegal aliens is usually dropped and they are released with a warning etc. Let it happen to ordinary middle class and they end up paying both fines and jail time. (exceptions if you know the right people.

I do believe in the law and the necessity of supporting the law as intended Justly, showing no favoritism. Which is almost impossible to achieve now.

14 posted on 10/05/2009 10:48:11 AM PDT by geologist (The only answer to the troubles of this life is Jesus. A decision we all must make.)
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To: Smittie
I believe that most of the country’s problems could be solved if we set all of the lawyers adrift on a giant raft in the ocean.

I totally agree.

15 posted on 10/05/2009 10:53:07 AM PDT by stanz (Those who don't believe in evolution should go jump off the flat edge of the Earth.)
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To: geologist

Most lawyers aren’t trial lawyers. If they are absolutely required in the other areas they work in is another question. I would guess someone would be fulfilling the same job even if they weren’t called a lawyer.


16 posted on 10/05/2009 11:04:53 AM PDT by Mr. Blonde (You ever thought about being weird for a living?)
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To: annieokie

They are a body of egos struggling to produce the living constitution and kill the old one.


17 posted on 10/05/2009 12:48:23 PM PDT by SaraJohnson
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