RE: Lawyer Hatred (Full Version)

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candystripper -> RE: Lawyer Hatred (8/12/2008 8:30:17 PM)

Well, it was a badly written post, so I deleted it.
 
To answer your question Alumbrado, the Law School Entrance Exam is a part an accredited law school's application process.  It is a grinding, expensive, mind-f**k allegedly designed to test one's abilities to 'think like a lawyer'.  It lasts an entire day, is riddled with all sorts of manipulative testing crap and is rarely going to yield a score high enough to gain entry to a law school unless the applicant has first paid about $1,000 to an industry which exists to prepare applicants to succeed at the test.
 
It is one of a myriad of ways the American Bar Association controls the 'gates' to the profession.
 
candystripper




Alumbrado -> RE: Lawyer Hatred (8/12/2008 8:36:05 PM)

Funny... I thought in the USA it was called the LSAT, the LSEE seems to be from the Phillipines...




Emperor1956 -> RE: Lawyer Hatred (8/12/2008 8:44:09 PM)

Merc, I appreciate the candor.  BTW, as I said in my long post, you can always email me at "Emperor".  For some reason CM would not take my ID on the "other side" here, so I am forced to set up "Emperor1956" for message board posts.  By the way, this has caused extreme psychological harm and I am planning on bringing an action for intentional infliction of emotional distress against CM.  But I digress...

quote:

Speaking of hypocrisy, why not take up he $1000 offer to represent me in any case? I've only had 2 cases in the last 6 years, and 'won' them both. I'll sweeten the pot; if I lose I'll pay the expenses.


A couple of reasons.  (1)  I am not licensed in California and so I cannot represent defendants in a California court.  If the actions were brought in a federal court I might be able to represent a party.  (2) I'm not a litigator.  It isn't my skill set.  (3)  I no longer practice law full-time, but instead run a business.  (4) The offer is a sucker bet - Just to draft the pleadings to dismiss a dead-bang loser case (if there is one) would be worth about 5x the amount you offered...and if I can be paid my rate for doing what I do well, why would I take on something I don't do well?

E.




Emperor1956 -> RE: Lawyer Hatred (8/12/2008 8:50:04 PM)

quote:

sasseeNshy:   Case in point...a gentleman (upstanding citizen no doubt) goes to a local "dance" club.  He decides for, obviously, better viewing purposes to obtain a premium seat (aka sniff row).  The dancers put on quite a performance, swinging their hips and other body appendages,tantilizing the audience with their ability to absorbe large amounts of fluids in places well, too much fluid just isn't a good thing.  Then to totally astound their captive audience, one particular dancer demonstrates her ability to expell said fluid....unfortunately splashing it all over our upstanding citizen sitting in his premium seat causing PTSD.  Cause for litigation? Well someone thought so.....


OH Sass...YOU HAVE GOT TO POST THE CITATION OF THIS CASE.  It ranks up there with 12 S.2nd  as a case for the ages!

On first review, I'd have thought it was a charge of assault with a friendly weapon...

...but I reconsidered, and now I think she might have been guilty of illegal transport of toxic waste.

E.




sasseeNshy -> RE: Lawyer Hatred (8/12/2008 9:12:55 PM)

Emperor (as mentioned on the other side) this is currently ongoing Canadian litigation at its finest.  Never doubt I will be following our Courts decision on this one, much like the fly in the Culligan water bottle....(if you have heard of that one).  Sometimes, there comes a case...that well dayum you just have to watch, for no other reason than entertainment value.  I'm sure CDL and others will be right on this one.  Progress reports to follow as they become available.  (Seriously, what ijiot and his ijiot counsel would seriously go there........I mean Canadian juries are pretty darn conservative.........well sheesh I was sitting there on sniff row, stroking, minding my own business and paying $13.00 a drink....when splash???)




Honsoku -> RE: Lawyer Hatred (8/12/2008 9:38:24 PM)


quote:

ORIGINAL: candystripper

quote:

ORIGINAL: Honsoku

1: Because no one ever wants to need a lawyer.

My family and friends have had free access to my services since I first graduated, though some have foregone the offer. Many have been delighted to tell some annoying person that unless the were made whole rather quickly they'd get their lawyer involved. It can be empowering to feel that among your arsenal of problem-solving techniques, you have free and high quality legal services at your disposal, at all times. When I sent my UM away to college, my friend who lived in the city she was moving to gave her his card, with all his numbers on it and permission to call any of them 24/7....I knew she'd never, ever be left by the side of the road facing police wihout that card in her wallet.

I agree...no one wishes to be in distress...but most of realise that our lives or the lives of those we love may be at some point. It is a source of comfort to know someone will fight for you, if ever you need it.

2: The effective ones tend to exemplify personality traits that people hate. The most effective ones are nitpicking, anal-retentive, argumentative, stubborn, weaselly buggers.

I was highly effective, and so were my friends. Some are highly successful, opening their own firms or rising to great heights within an organization. It is a myth that a bad personality will aid a lawyer in succeeding....getting along with people is actually quite necessary.

3: The ones that get the most attention get it for all the wrong reasons. I don't know of many (if any) lawyers who are famous for their work in law, just infamous.

What about Morris Dees, founder of the Southern Povery Law Center?

Clarence Darrow, defender of the teacher who dared teach evolution in the 1920's?

But in the main you are right...television has made stars of lawyers who represent defendants like O. J. Simpson. It is very hard not to demonize the lawyer who successfully defends such a repugnant and obviously guilty man.

4: They are horrendously expensive.

I never charged more than $75 an hour to make myself more accessible to the general public. A great deal of my work was done for free...and what was done on salary was very poorly compensated if you factor in the 70 to 80 hour weeks I actually worked. Most bar associations require lawyers to either work a certain number of hours free of charge or else contribute funds towards the Legal Aid Society. Addiitionally, client funds in all states I'm familiar with must be kept in special accounts in which any interest paid is sent to the Bar Association for funding the Legal Aid Society.

Show me another profession with a similiar requirement.

The fact is, most people are unfamilar with legal matters and are taken aback at the price of legal services.....but the market is fierce and costs are commensurate with what a lawyer can 'command' by dint of his proficiency and reputation.

It is no more ridiculous to pay a lawyer $150 an hour than it is to pay $150 for a visit to the family MD or dentist.

5: They profit off the misfortune of others.

Not neessarialy. Many lawyers have what are known as 'office practices' and never make court appearances. They draw up wills, provide tax planning advice, rearrange assets to protect an elderly person from having to 'spend down' all their assets before becoming eligible for Medicaid, etc. In short, they enhance a client's security and well-being.

As for those who do litigate....they are not the CAUSE of the misfortune...and traumatic as it may be to be arrested...it would certainly be much more traumatic to be imprisioned because you were unable to obtain legal counsel.



I'm not bothering to try to interspace my response into colored text, as it is a royal pain. You will just have to use your intelligence to figure out what is in response to what.

I forgot to mention another reason people don't like lawyers: having the threat of a lawsuit/legal problems being used wholesale as a bludgeon.

Never heard of Morris Dee or Clarence Darrow. I would wager that most people haven't either. As this is the best you could put forth, I rest my case.

Think about the disconnect you just exposed. You think that $75 an hour is cheap. That is more than most people make in a day. Just because you are an exception doesn't change the general rule. Just because you don't charge your friends and family doesn't mean that is the experience of the vast majority of people. Remember that most people don't fall into the category of being your friend or a member of your family. When it comes to cost, very few people pay salaries out of their personal money, so the strife of salaried lawyers isn't relevant to them. How many of your friends are also lawyers? Or better yet, out of all your friends, how many are *not* lawyers (and really your friends?)?

Why do we need these tax lawyers, estate lawyers, etc? Because of other lawyers making the law so obtuse and unaccessible to the layperson. So understand if I fail to express love and glee over this.

They may not be the cause of misfortune, but by George do plenty of them enable it and profit off of it.

No one likes to think that they have bad personality traits. Yours appears to be that you ask people to explain why they think something and then proceed to argue with them about how why they think is wrong. See: argumentative. While doing that, you never really countered the gist of what I said, just mentioned that there were exceptions. See: nitpicking. Then you tried to say that because lawyers are *required* to do some good things that I shouldn't think poorly of them (why do you think that those requirements are there in the first place?). See: weaselly. Your first instinct is probably going to be to fire off another message and argue with me some more. See: stubborn. That is 4 out of 5 traits I said were required to be an effective lawyer (which you say you are). All that is left is to find out if you are an anal-retentive bugger or not and I doubt that you want to participate in that test.




Irishknight -> RE: Lawyer Hatred (8/12/2008 10:55:50 PM)

I don't hate lawyers.  I just hate everyone else's lawyers.  The crooked, subhuman, do anything to win a case guys that represent me are fan-fuckin-tastic.  I have to admit that my lawyers aren't too popular with those they don't represent.




Mercnbeth -> RE: Lawyer Hatred (8/13/2008 9:49:37 AM)

quote:

ORIGINAL: Emperor1956
Merc, I appreciate the candor. 

And I very much appreciate you didn't take it personally!
quote:

quote:

Speaking of hypocrisy, why not take up he $1000 offer to represent me in any case? I've only had 2 cases in the last 6 years, and 'won' them both. I'll sweeten the pot; if I lose I'll pay the expenses.

A couple of reasons.  (1)  I am not licensed in California and so I cannot represent defendants in a California court.  If the actions were brought in a federal court I might be able to represent a party.  (2) I'm not a litigator.  It isn't my skill set.  (3)  I no longer practice law full-time, but instead run a business.  (4) The offer is a sucker bet - Just to draft the pleadings to dismiss a dead-bang loser case (if there is one) would be worth about 5x the amount you offered...and if I can be paid my rate for doing what I do well, why would I take on something I don't do well?

E.


E,
And therein lays the fundamental issue I have regarding the industry; section (4) in particular.

It shouldn't be a "sucker bet" under the pragmatic logic or the terms I set. Why should it take $5,000 of legal expenses (and I think that is conservative) to dismiss a "slam dunk case"? Furthermore why can't the defendant in that "slam dunk case" expect to recover his expenses from the frivolous litigation? Remember, you'd be entitled to recapture those expenses as part of the 'bet' PLUS keep my $1,000. In theory you, or since you don't litigate any litigating attorney, would be ahead.

I'm sure you see the extortion opportunity I reference presented in your own example. A phone call, or letter would generate a check of $2,500 to "settle" from most businesses. It has become common business practice and makes economic sense; defining my hatred for the litigation industry and those leach extortion money from businesses.

However, I do think the OP title doesn't represent my feelings. I have no hatred for lawyers - I hate the industry created by them. Unless its from the back of a matchbook cover (they still make those) a degree from any law school is not easily obtained. In States like NY and CA the next step, passing the Bar, is extremely difficult. I admire those that have those accomplishments. It is the industry which created the system we have in place that gets the focus of my hatred.

I don't even have any hatred for the opportunists who have become rich through the current system. I only feel that their ability and intelligence could be much more productive if directed to a different endeavor. However I can't begrudge them for flourishing within the system, anymore than I can begrudge myself for taking advantage of current opportunities. Tax loopholes, business write-offs, company gas cards for the family, corporate 'meetings' in the south of France; they are all part of the overall operating system we have in this country; second worse to any other. 




DMFParadox -> RE: Lawyer Hatred (8/13/2008 5:25:17 PM)

So far, the anti-lawyer crowd is out-lawyering the defense attourneys.

The irony is just nifty.




Smith117 -> RE: Lawyer Hatred (8/13/2008 5:29:33 PM)

quote:

ORIGINAL: DMFParadox

So far, the anti-lawyer crowd is out-lawyering the defense attourneys.

The irony is just nifty.


LoL




DMFParadox -> RE: Lawyer Hatred (8/13/2008 5:30:17 PM)

quote:

ORIGINAL: Mercnbeth
they are all part of the overall operating system we have in this country; second worse to any other. 


I used to say the same thing, but some of those other operating systems are lookin' mighty fine these days. 

Paint me a loyal American, and don't question that; but I no longer believe we have the best political system.  It's like an OS that's become bogged down with applications, redundant hardware checks and a wee bit of spyware.




MissSCD -> RE: Lawyer Hatred (8/13/2008 8:16:19 PM)

When you lose $17,500 and your home in a divorce and it wasn't your fault, then you can hate one.
Her fees were $7,500.
I had to pay him $10,000 in equity which came from my father's inheritance.
Now a kid lives in a tent in the house, and I have to look at it.  Not for long mnd you.   We have served eviction papers on her.
 
Regards, MissSCD




Emperor1956 -> RE: Lawyer Hatred (8/13/2008 9:15:51 PM)

quote:

Honsoku:  Never heard of Morris Dee or Clarence Darrow. I would wager that most people haven't either.


You would lose the wager, which is too bad because you could use the money you won to BUY A BOOK AND READ IT.

For someone who says he is "very intelligent" and spouts off on American social history and social justice in his blog to not know Clarence Darrow is a travesty.  Congratulations.  You are an idiot.

E.




Thadius -> RE: Lawyer Hatred (8/14/2008 2:18:51 AM)

I am still awaiting the articles you offered, oh and a clarification on the link I provided.

Thanks in advance,
Thadius




thishereboi -> RE: Lawyer Hatred (8/14/2008 4:32:55 AM)

quote:

ORIGINAL: DMFParadox

So far, the anti-lawyer crowd is out-lawyering the defense attourneys.

The irony is just nifty.


Yea, it is...lol

I was going to stand up for lawyers, but Candystripper never answers my questions, so I didn't.




thishereboi -> RE: Lawyer Hatred (8/14/2008 4:36:13 AM)

quote:

ORIGINAL: Emperor1956

quote:

Honsoku:  Never heard of Morris Dee or Clarence Darrow. I would wager that most people haven't either.


You would lose the wager, which is too bad because you could use the money you won to BUY A BOOK AND READ IT.

For someone who says he is "very intelligent" and spouts off on American social history and social justice in his blog to not know Clarence Darrow is a travesty.  Congratulations.  You are an idiot.

E.


Yea, everyone knows Clarence Darrow is that guy Henry Fonda played in the movie of the same name. Geeze




Lorr47 -> RE: Lawyer Hatred (8/14/2008 12:05:31 PM)


candystripper
quote:

ORIGINAL: candystripper

Funny you should mention usury....there is an ad campaign going here in Ohio by payroll lenders to defeat a piece of legislation that would curtail their activities.  Without having done the necessary research I would predict what has happened is some lawyer successfully sued to get his client out from under a really onerous agreement and won, then won again on appeal.  This spurred the legislature to action, and now the industry is fighting back.
 
IMO, the lenders who target the desperate and poor who have such bad credit they can't even get a bank account are truely evil; it's like the lottery.  They KNEW when they passed that legislation that many poor people would begin to gamble for the first time and they also KNEW they would take a dollar from education's general revenues for every dollar kicked in by the lottery...yet they passed it anyway.  A voluntary, regressive tax on the poor.
 
There are now and always have been lawyers with great skill who've dedicated their professional lives to advancing the interests of those society tends to forget or marginalize...they are self-sacrificing and add greatly to our society.
 
candystripper


See Moyer's PBS program of Friday and Sunday (August 8 & 10)  He discussed the industry of profiterring off poverty.  At one point he discussed the Ohio campaign being financed by that particular industry.  The industry became incensed when the governer reduced their interest rate from something like 391% to 28%  The campaign is being financed by the loan industry itself under a disguised public service type name.





Emperor1956 -> RE: Lawyer Hatred (8/14/2008 4:09:35 PM)

Thad:  the problem with the articles is that my reprints (all hard copy) are identifiable to me, and I just don't know you well enough to give you my name, address, professional affiliations, etc.  I'll work on redacting that info, but in the interim, you can google "Multijurisdictional practice" and find a lot.

If you want clarification on the link re: "reading for the Bar", it is simple.  Most of the reports are disingenuous.  The states that "allow" one to read for the Bar require a pre-approved course of study which is only available from...you guessed it...an ABA-accredited law school.  So while they technically allow a person to study on their own and take the bar, it never happens.  For example, Illinois says that it allows people to read for the Bar...but look at the Illinois rules that require that a person be licensed and actively practicing in a foreign jurisdiction for 5 out of the past 7 years and THEN apply -- how do you do that if you couldn't get your law degree in those other jurisdictions without graduating from an ABA- approved school.  Granted, a California lawyer who read for the Bar in California and then fulfilled the Illinois requirements could apply, and might even be admitted, so I guess I should amend my statement that the only state that allows a FIRST TIME law license without graduation from an ABA accredited school is California.





Thadius -> RE: Lawyer Hatred (8/14/2008 4:27:27 PM)

Because under Illinois law one can qualify with their legal clerks license for such... or if I remember correctly 721 or is it 711, ah it's been awhile since I was interested.

The only reason I never followed up on it, is because there were only a few fields that don't disagree with my personal codes.

I understand the reasoning for not wanting to share the info, it could have been easily solved by not offering, or simply sending me a cmail explaining such.

I wish you well,
Thadius




Honsoku -> RE: Lawyer Hatred (8/14/2008 5:23:27 PM)


quote:

ORIGINAL: Emperor1956

quote:

Honsoku: Never heard of Morris Dee or Clarence Darrow. I would wager that most people haven't either.


You would lose the wager, which is too bad because you could use the money you won to BUY A BOOK AND READ IT.

For someone who says he is "very intelligent" and spouts off on American social history and social justice in his blog to not know Clarence Darrow is a travesty. Congratulations. You are an idiot.

E.


Oh yes, because reading one book will fill all the gaps in a person's knowledge and knowledge of Clarence Darrow is the sole determinator of intelligence or the lack thereof. [8|] If it was possible to fill all of someone's gaps in their knowledge by reading a book, I would have read that book already. Everyone has gaps in their knowledge that you could drive a truck through. If you don't think that you do, then you need to get out more.

I had heard of the Scopes trial and the Southern Poverty Law center. But the names of the people themselves I did not recognize off the top of my head (after looking up Clarence Darrow, I was rather surprised that I did not remember him, as I know my reading has intersected that subject matter several times before *shrug*).

I stand by my original claim. Don't believe me? Go out and poll people. Don't take the easy route and just poll your friends or other lawyers. Go out and talk to at least 100 relatively random people. I'll even write the poll for you:

Do you know who Clarence Darrow is? (yes/no)
If yes, give a quick summary of him and his career. Must get at least one more point right than wrong to count.

I bet you will get results along these lines:

~50% will claim to know who he is but can't offer any reasonably accurate information about him.

~20% will honestly admit to having no idea.

~20% will have him confused with someone else named Clarence.

~10% will actually know about him.

Never bet against ignorance. It is vastly more pervasive than knowledge.

Of course where, whom, and when you poll will have a large impact on these results. So post that along with your results. Now if you are done throwing a fit over the fact that people still don't like lawyers after hundreds of years;

The profession's biggest black eye are criminal and civil trial lawyers. One of the major problems is that everyone deserves the best representation, not just the best representation they can afford. As it currently sits, there is the perception (however true or false) that with enough money, a person can buy just about whatever verdict they want. Lawyers are still seen as a way to enforce power differences through economic differences because they are expensive and effective. This, as one might imagine, doesn't sit well with a lot of people.

Another major problem is that for any case, one position tends to be vastly unpopular, yet someone has to take that position. Most people have trouble separating the position from the person arguing it (Including you E., as you have nicely demonstrated). The ability to represent the apparently unrepresentable frequently requires the same sort of self-serving rationalization which is widely despised. For another example of this, look at spin doctors.

Professionally, the only ways to make a significant improvement in how lawyers are seen is to standardize pay, make pay outcome based, and minimize a lawyer's ability to choose the cases the take. If you can standardize pay, you greatly reduce the effect that money has on the trial. If you make the pay outcome based, you discourage attempts at legal lottery tickets (combine that with a loser pays system for interesting results). The final step is to separate lawyers from choosing their cases. This has the biggest potential problems (as you need a way to let a lawyer bow out if he/she feels that they cannot give their best effort) but the biggest gain from a social appearances standpoint as a lawyer can no longer be accountable for the cases they take. Then they become the gears in the system rather than the keys to it. Lawyers need to be of their clients rather than the other way around. Of course this isn't totally fleshed out and there are serious repercussions to every one of those steps, but it is the general direction that needs to be taken if you want lawyers to not be generally despised.

Socially, lawyers tend to be their own worst enemy. Lawyers need to not at like lawyers outside of the office. Some lawyers turn that ability to rationalize nearly anything on their own lives and become rather vile people. Others tend to be very nitpicky and argumentative. Neither is viewed positively in most social situations. Leave the lawyering at the office. Not all lawyers have this problem, but if most of your friends are lawyers or people can guess that you are a lawyer before you tell them, that is a hint that you do.




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