ech@pyuxll.UUCP (Ned Horvath) (08/25/83)
That is a bit of an oversimplification. The whole idea of consulting precedents in the law, and thing that distinguishes "landmark" cases, is not so much who won as WHY. Whatever you might say against adversary proceedings, they do tend to get the maximum DATA out into the open; it is up to the judiciary (including juries) to reduce the data to a conclusion. The possibility of lawyers obfuscating or suppressing evidence is at least somewhat countered by the motivation of the opposing lawyer to dig that data out. My problems with lawyers is twofold: their union (ABA) is too damned strong and they don't (can't) guarantee their work. My most infuriating experience was at a house closing where the seller was not present; a disputed point (which I had made, in writing and in advance, and never received any reply to) got raised. "My" lawyer looked confused; "their" lawyer proceeded to call the seller on the phone and try to pass the phone to me. What in hell did they think they were doing to earn their fees? I agree that for many situations you really want an expert to look at the situation and cover you; but, to call back the programmer analogy, you don't need an ace programmer to write a shell script or write a memo with mm macros. The ABA would have us believe that the same level of expertise is needed to draw up a standard will, do the standard real estate closing, argue a constitutional case, or defend a murder charge. We all KNOW that we are paying professional fees for clerical work, and my own anecdote illustrates that (many) lawyers think clerical work -- and nothing more -- entitle them to those fees. Perhaps the worst aspect is that you have no guarantees about the quality of the work; Mark Horton likened it to a 10-year compilation, and that is pretty close to the mark. I have to wonder why, when I buy a house, I have to pay for a title search AND a closing lawyer (about $250 and $500 respectively at current rates)...AND I have to shell out $400 for "title insurance." That little goodie is there in case the first two items were bungled and somebody challenges my deed. Strangely enough, that title insurance doesn't protect me against loss: it only covers LEGAL FEES TO DEFEND MY CLAIM! If the title search really was bungled, and a challenge is upheld in court, I'm out a house. Makes me feel real secure that it costs $750 for clerical work, that may very well get bungled because it's "just" clerical work, and another $400 to buy more bungling down the line... How's your paranoia, bunky? =Ned=