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From: colonel@buffalo.CSNET ("Col. G. L. Sicherman")
Newsgroups: mod.legal
Subject: Re: killing all the lawyers
Message-ID: <8607282056.aa19339@SEM.BRL.ARPA>
Date: Mon, 28-Jul-86 10:55:05 EDT
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Posted: Mon Jul 28 10:55:05 1986
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In article <8607251307.AA03538@hoptoad.uucp>, gnu@hoptoad.UUCP (John Gilmore) writes:
 
> I find this to be very self-serving.  There seems to be a strong
> correlation between lawyers and lawmakers.  How many members of
> Congress have practiced law?  How many judges have practiced law?
> Now don't tell me lawyers are not responsible.  I *know* it's not
> English majors drafting those laws!

Mr. Gilmore seems to be describing his impressions as an outsider.
Of course there "seems to be a correlation" between lawyers and
lawmakers, but it's not what he thinks.

To begin with, most of the laws that are applied are state and local
laws.  Everywhere I know of in the U.S., state and local legislators
are chosen from political clubs, and the one inviolable criterion
for selection is loyalty.

As a practical matter, legal training is a great asset in drafting
laws.  When a state legislature passes a law in vague and clumsy
language, with glaring loopholes in some places and outrageous
penalties in others, you may be sure it was drafted by amateurs.
Unfortunately for us, most legislators know nothing about legal
writing--indeed, few legislators can write even fairly well.  In
my state (N.Y.), legislators tend to be loud and stupid.  And our
laws show it!

> It would be great if I could "start by reforming the law" but since
> I have you here reading my words, let's start with you.  "The law"
> doesn't seem to listen to me very well.

Let's start with you instead.  If you were injured in an accident,
would you hire a lawyer who would try for a moderate and appropriate
settlement, or one who would exploit the weakness of the law to
obtain a settlement out of all proportion?  If you're like most litigants,
you'll hire the most rapacious lawyer you can afford.

So long as the legal system has its weak points--the legislators and
judges--some lawyers and clients will be ready to exploit them.  It's
your own fault for thinking that an annual trip to the polls will
discharge your political duty.  Complaining about the lawyers
under a corrupt political system is like never bathing and then
complaining about fleas.