Guilty! The Case Against Trial Lawyers

SF Gate (Chronicle) ^ | December 9th, 2002 | Adam Sparks

[Amore]

You're kidding, right?

[BikerNYC]

If only I were a personal injury lawyer, I wouldn't be doing what I'm doing.

[Oberon]

No they weren't. From the first lawyer joke every told, we meant every word.

Q: How is a trial lawyer like a slinky?

A: Neither one is much good for anything, but it's still fun to watch one tumble down the stairs.

[Labyrinthos]

How many "professions" have an exclusive charter, (monopoly) in dealing with government agencies?

I'm not sure I understand your question, because anyone can lobby goverment.

[reformed_democrat]

Judges ARE lawyers, and they're both in on it together.

Here in Illinois, there was a suggestion to introduce legislation to disqualify any candidate for judge who had been a lawyer.
Needless to say, it went nowhere.

[Labyrinthos]

Not in the least.

[pgyanke]

"Oh, please. Trial lawyers are utilizing laws that are currently in place. If anyone is to blame it's politicians who won't change the laws, judges who let cases go forward, and juries who actually award the damages."

---

It's worse than that. Lawyers aren't just opportunistic capitalists, they are the authors of their own largesse.

Politicians write the laws, yes... but who do you think they are?

Judges let the cases go forward, yes... but who do you think they are?

Juries award the damages, sure... but who do you think is hand-picking and hood-winking them?

Over 80% of our politicians were (or are) lawyers. Judges were (or are) lawyers... Laws are written in this country to be purposely obscure to allow public debate. The only profession who benefits financially from a public debate is the legal profession who must be hired to interpret the statutes.

If our politicians wanted to be direct they could learn a lesson from history... "Thou shalt not..." is a direct law. 5,000 pages of ways in which "thou couldst" is a boon to the lawyers.

It's the world's biggest graft.

[BJungNan]

Are corporate taxpayers "greedy" when they use every possible legal loophole to avoid paying as much taxes as they can?

Slight problem with your question. Companies don't pay taxes, they only collect them. Only people pay taxes, either directly to the government of reflected in the cost of goods and services they buy - and passed on by companies.

At least with taxation we get something.

Laywers, lawsuits and fear of lawsuits on the other hand, drive up costs. Twenty dollars of the cost of a $120 ladder is directly attributable to legal fees (source, Werner Company). Very little of that goes to bringing about a safer ladder unless you suggest that every frivilous ladder suit has led to improved safety.

You are correct that lawyers are mainly the brunt of what is wrong with the trial law system. But, there are plenty of examples where the scorn felt for lawyers is directly justified. They are not all just innocent capitalist as you suggest. Except for the shield on the wall that gives legitimacy to what they do, many are just like the extortist in less legal profressions - many every bit as cold and ruthless.

[BikerNYC]

Juries award the damages, sure... but who do you think is hand-picking and hood-winking them?

Then defense lawyers are incompetent because they are involved in the jury selection process too. Lawyers representing defendants get to pick jurors as well, and they get to explain their case to the jury. If they are letting plaintiff's lawyers "hood-wink" juries, they should find a new profession.

[wildbill]

We shouldn't condemn them all. It's just the bad 99% that give the rest a bad name.

[pgyanke]

The problem with our current jury selection is that both sides go for the gullible and easily led. Each side wants people they can persuade to their cause. Neither side wants too many independently-minded people who will ignore their arguments and look only at the facts.

I have a problem with jury-selection (as it's currently done) because rationality is a liability.

[reformed_democrat]

We are also the only profession that is required by law in most states to give our time free of charge to the indigent.

Well, I wouldn't say only. Don't forget, psychology majors in their final year are required by most states to do community service at state-operated clinics before they receive their doctorates.

Many licensed psychologists continue to work in these clinics free of charge "after hours," supervising psychology students and assisting on cases. This is done on a voluntary basis -- these doctors are not compelled by state law to contribute their time.

Perhaps if the lawyers were as generous with their time, the state would not feel compelled to force them into pro-bono work against their will.

Personally, I don't believe the state has any business regulating the off-duty hours of licensed professionals, but what do I know. I didn't write the law.

[Amore]

Well, when Utopia arrives and all people become honest, caring, intelligent people, I think your plan just might work. Otherwise, so what if some of us restrain ourselves? There's still plenty of other greedy, unscrupulous people to take our place and continue to abuse the system.

[pgyanke]

"Remember, lawyers don't sue people, people sue people."

---

... this proves that lawyers aren't human?

BTW, lawyers do SOLICIT plaintiffs to lawsuits. So let's amend your statement... "Lawyers don't sue people, they seek people to sue people."

[Ditto]

I'm not sure I understand your question, because anyone can lobby goverment.

Who's talking about lobbying?

[Amore]

And boy do they solicit! They're on tv 24 hours a day telling everyone they might have a claim they don't even know about and to come in and see them -- letting them know that it's all free and won't cost these potential plaintiffs one red cent!

[Labyrinthos]

Perhaps if the lawyers were as generous with their time, the state would not feel compelled to force them into pro-bono work against their will.

Most lawyers that I know were already quite generous in giving away free time even before the mandatory pro bono rule was put into place. I just don't like being to told that I have to give away my time, any more than a truck driver woud like to be told that he has to deliver turkeys free of charge to the projects, or that teacher has to offer free tutoring during the summer to the poor, or that architects and engineers have to design low income housing free of charge.

[Labyrinthos]

BTW, lawyers do SOLICIT plaintiffs

Under the rules of ethics they are not supposed to solicit, but they get away with it anyway. My point, however, is that next time you stub your toe on a curb in a parking lot and some lawyer tries to solicit you to sue for millions of dollars -- just say NO! Too many people say "yes" and then complain and call the lawyer greedy because the lawyer took one-third of what the plaintiff should not have received in the first place.

[End The Hypocrisy]

>Attorneys get disbarred all the time.<

>>Some do, some don't. Bill Clinton would be a shining example of those who don't.<<

He and Nixon BOTH got disbarred.

[End The Hypocrisy]

>>>And in one of the most shamefull displays of the legal system working, after blantant lies under oath, Bill (The Slick One) Clinton is still a lawyer...<<<

>See how wonderful the system is!<

"Slick Willie" Clinton and "Tricky Dick" Nixon (depending upon your political affiliation) BOTH got disbarred.