QUOTE(AuthorMusician @ Jun 26 2005, 08:32 AM)
CR, be careful. The first thing that tyrants do when they come to power is to get rid of all the lawyers.
1) Are lawyers as a profession harmful to our society, or do we give them to much power, or does the very fact that this profession tends to hold public office make them so powerful?In the vast majority of cases, I'd say good for the country. It makes sense to me to have our lawmakers coming from a profession that studies and practices the law. That's why I think techies make better data center managers than those who come from non-technical backgrounds -- yah gotta know the territory!
2) Is it an honorable profession to work in, and if yes, why, and if no, why?I've used lawyers only three times in life so far, and without their help, I could not have accomplished the goals. Yes, one had questionable ideas about how to go about things, but I also had a say in how to go about things. I'm the customer, right?
3) How would you reform the legal profession in America? Don't know enough to say. By my experience, it's actually the judges who swing things more by giving instructions to the jury or by making the decisions alone. Well, that's what I've heard anyway. In two of my experiences, no court time came of them. In the other, the judge went my way, so I have no complaints.
3) Compared to other profesions, legal or not legal, how would you rate them- for instance, I would rate lawyers above those dealing drugs to children, but below a drug dealer that sells to only adults. That's pretty darn harsh, CR! Lighten up guy, when you need a lawyer's help, and you select one that works for your interests, it sure beats trying to push your own position alone.
Let me list a few areas where lawyers help the average person:
- Wrongful accusations from the police
- Marriage prenups and divorces
- Collecting money due from insurance companies (auto accident, work accident)
- Bankruptcies
- Living wills
- Regular wills
- Wrongful lawsuits against your property
- Reviewing contracts
- Composing contracts
- Settling disputes over property ownership
- Gaining compensation for wrongful firings
- Stopping workplace discrimination and harassment
I'm sure there are more services that the average person can employ from lawyers, and yes, I put them at least on the same level as doctors. There are crooked doctors out there as well, and I've tried to get service from some during my life. Overall though, the two professions have more good folks than bad.
I need to work on the quote thing- but there is alot here I would like to address- for instance- alot of the problems you list, are problems created by lawyers, so of course, they are the only ones to fix them. Composing contracts? I would say that is probably the most benign of the lawyer-ing jobs, - but, property ownership? Look at the recent USSC decision on private property ownership, and how the problems came about in the first place!
Some lawyer decided he found a legal loophole to take someones property in New London, and then exploited it! The law itself was drafted BY a lawyer- it is one of those "chicken and egg" issues- Why does one need all those wills? so one smart lawyer can't steal from another smart lawyer?
hayleyanne- "Lawyers are the most regulated professionals in this country"- Regulations written by lawyers and "enforced" by lawyers- talk about the fox watching the hen house?
To me, the Lawyer profession started out as a very un-prestigous profession by out founding fathers, they made it legitimate, and then the profit motive made it evil.
Why do we have an equal justice system in this country? You have to have money in this country to recieve justice- because, if you are not rich, you can not afford enough lawyers to represent you. I have seen this personally hundreds of times- we don't have justice in this country because of lawyers.
For instance- a personal example- we had a poor black man kill a popular white cop here in Alaska about 15 or so years ago- he was taking pot shots in the air, aiming at no particular person, and the cop basically stepped in front of the bullet. He got 99 years+ for that murder. He had a public defender, and the public defender only had 15 minutes of actual face to face time with this man- because of the work load of the public defenders office.
Another wealthy rich white man stabbed his wife to death in front of his children with a knife- he was in a psych institute for 2 years, then he was "stable" after which he recieved custody of his children. His lawyer had him only for a client for the nearly year before court.
This is a situation created 100% by lawyers- there is no other profession to blame.
Pretty much every injustice, every bad thing that our society is today, can be traced back to the legal profession.
The only way to reform our country, and get us back to prosperity and justice, is to reform the legal system. Justice and what is right SHOULD be a universal right in this country, it should not even be open to debate- but, because of the power of lawyers, we can not EVER obtain it under the current system.
My reforms?
1) Lawyers would be constitutionally barred from holding office.
2) No such thing as a "private" lawyer- the profit motive is 180 degrees out from having a fair legal system- they would all be public employees. Thier salaries wold be tied to case load- too high a case load, salaries go up, becomes more atractive to become a lawyer.
3) A corporation or rich person can not have more legal advice than the person bringing the suit- you want to have six lawyers? Well then, you have to pay for six lawyers for the opposition.
4) Public defenders budgets will be equal to prosecution budgets- with it's own police force investigating the investigators- in other words, those police will get every shred of material collected by the prosecuting police, and then investigate on thier own to see if the conclusions are true.
5) Lawyers assigned by random lottery for litigation- you don't get to pick you lawyer. Want to sue someone? Roll the dice and hope you get a good one!
Then, with this egaltarian assignment of lawyers and legal assets- then we could have a "loser pays" clause that is fair, but really, only after something like that is enacted- because tort reform will only be good for rich bad guys as long as they have more access to legal help than the victim.
I definately find most profession more honorable than the current legal system we have-
I would definately say a prostitute/drug dealer to adults is more honorable than a supreme court judge- she/he renders an agreed on service for money between consenting adults in a fair manner, for a price and service both agree on without subterfuge, while a lawyers's entire profession is based on trying to bend the truth and decieve others into coming to thier point of view- a very dishonorable practise.