posted on Mar, 14 2010 @ 11:05 PM
I am a lawyer. It is not fair to say all lawyers are ruining America or that lawyers are to blame for every problem. However, the legal profession
as a whole has caused more than its fair share of problems. Here are some things the legal profession as a whole is doing to hurt America.
1. Opposing a loser pays rule
In most other countries, the loser of a lawsuit has to pay the winner's legal fees. In America, the loser seldom pays the winner's legal fees.
This opens the floodgates of litigation and keeps many lawyers employed. People can file ridiculous lawsuits, and reasonably expect to get something
back in the form of a settlement because it is cheaper for defendants to give plaintiffs a few thousand dollars to go away than it is to litigate a
case to the bloody end.
2. Profiting of Divorces
Most lawyers practice in the area of family law. Most of you (in America) reading this thread will not need to hire a lawyer because they got
arrested or breached a contract. About half of you will need to hire a lawyer and spend a large sum of money because you are going to get
Our country could do a great deal to reform our divorce laws to encourage marriage. Unfortunately, many lawyers make a living off divorce. It
follows lawyers would oppose reforms which would limit the numbers of divorces.
3. Exalting procedure and form over substance
Most lawyers make money off the procedural aspects of the law. In many simple matters, the average person understands the substantive law. Yet, the
average person will have to hire a lawyer because they do not understand the procedural aspects of the law like how to file a pleading. Many people
also do not understand procedures and formal arrangements like properly executing documents like wills or taking the proper steps to form a
People need to be given some leniency when it comes to procedures. They should not be punished because they could not afford a good lawyer to make
sure they dotted their i's before they crossed their t's.