Plagiarism, frivolous conduct and catering for himself and his friends as Jonathan Lippman's legacy of "social justice" and the timid mainstream media Recently, I ran a blog about a bad recent case of judicial corruption in Florida. As part of that blog I provided a link to a YouTube video showing how a protestor was videotaping how reporters from mainstream media were walking towards the courthouse to attend a conference held by prosecutors after, as a related court order said, parking in a secure parking lot provided by the prosecution and completely ignored pleas by the reporter who asserted he was a year fraud investigator, to look at the evidence he had of judicial corruption in that same courthouse. One of the reporters told him to "talk to her manager about it". Apparently, managers in the "free" mainstream media define what KIND of news is reportable and what kind is not.
Clifford Winston of the Brookings Institution argues that everybody should be allowed to practice law. No law school, no bar exam, if you want to do legal work, go right ahead. Somehow Winston believes that allowing untrained dumbasses to take advantage of poor people who don't know any better will magically help poor people Oct 25, at The general public understands that not everybody can practice medicine: Annoying, money grubbing, bastard lawyers?
Hell, anybody can do that. And because of that, occasionally lawyers have to deal with op-eds like the one just featured in the New York Times. If you want to charge people for your uneducated legal advice, feel free! The basic argument is that the current barriers to entry for being a lawyer artificially raise the cost of legal services.
Both of these observations are pretty accurate.
Law schools cost too much, and people who invest three years to obtain specialized training are reluctant to give away their skills for free. But because there are so many law schools, all of them poorly regulated by the American Bar Association, quality control within the legal profession is pretty low.
What if the barriers to entry were simply done away with? Legal costs would be reduced because non-lawyers, who have not had to make a costly investment in a three-year legal education, would compete with lawyers, who in many states are the only options for basic services like drafting wills.
Because they will have incurred much lower costs to enter the field — like taking an online course or attending a vocational school — and can operate as solo practitioners with minimal overhead, these non-lawyers would force prices to fall. The poor would benefit from the lower prices for non-criminal matters, and poor litigants, who might be unrepresented in criminal matters like hearings because they could not afford a lawyer and because of dwindling state legal aid, would be better off.
Winston goes on like this for some time, but there are enough faulty assumptions here in this thesis paragraph that we should give it a closer look. Sure, drafting a will can be simple — and there documents available if you want to draft your own simple will.
But drafting a will can also be complicated. More importantly, if you have assets to distribute, getting those complications correct is extremely important. Anybody can draft a will, but not everybody can draft a will that actually means what the client wants it to mean.
Making that happen is the job of a competent attorney. What Winston is really going for is a system he thinks will provide low cost legal services to poor people. Winston seems to not understand the difference between quantity and quality. Take indigent criminal defendants. These people have lawyers — we call them public defenders.
Of course they do. Good criminal defense attorneys expect to be well paid for their work. Instead, Winston thinks that flooding the market with crappy attorneys will help poor people get access to really bad legal services.
Sorry, I should say Winston thinks that flooding the market with untrained hucksters advertising legal expertise is a good thing — notwithstanding all the fraud that is sure to befall the poor who are in need of legal services.
Consumers would be in a position to demand credible and complete information about a practitioner.
Incompetent and dishonest lawyers would face immediate exposure over social and legal networks, thereby alerting other consumers of potential problems with their services. By sharing their experiences, consumers would understand more fully which credentials and evaluations are the most accurate and useful signals of competence and value.
Christ on a stick. For a full take-down of all of his spurious arguments, read this piece by Carolyn Elefant. Being a lawyer, a competent lawyer, requires specialized training — more than was necessary in our antebellum, agricultural society.
The law, to the eternal frustration of some people, has little to do with common sense. Common sense would suggest that in my will I could specify how I wanted my property to be used in perpetuity. A lawyer would know that there is a rule against that."I am looking forward to discussing and analyzing the cases with Justice Alito prior to oral argument," Mr.
Watson says, noting that he also welcomes the chance to read briefs drafted by attorneys at the top of their profession.
End-of-life notice: American Legal Ethics Library As of March 1, , the Legal Information Institute is no longer maintaining the information in the American Legal Ethics Library. It is no longer possible for us to maintain it at a level of completeness and accuracy given its staffing needs.
The Pros and Cons of Licensing for Paralegals: Is Statutory Licensing and Regulation Really Necessary? Posted on by amanda-alge-bales Tags: new rules, Latest Headlines & Stories. Does the paralegal profession really need government oversight?
Jan 10, · The debate over whether to implement paralegal licensing efforts is a hot-button issue among the entire profession.
"There are two schools of thought on the licensing and regulation issue," says Renee Sova, Director of Alumni and Advanced Specialty Programs at the American Institute for Paralegal Studies/5().
Port Manteaux churns out silly new words when you feed it an idea or two. Enter a word (or two) above and you'll get back a bunch of portmanteaux created by jamming together words that are conceptually related to your inputs..
For example, enter "giraffe" and you'll get . The drive to do better for you Easy doesn't do it As one of Scotland's leading, full service law firms, we advise businesses, organisations and individuals on all of their legal needs in Scotland, the UK and initiativeblog.com believe you get out what you put in.