Tuesday, March 5, 2013

Death by Minutia

While reading a fluff post linked by Instapundit (he hates me, but that's another story) --

10 Things Your Law Firm Boss Wants You To Know, but Isn’t Going to Tell You 

I came upon this tidbit: 

Partners and senior associates are terrible about communicating their expectations, in general. (If not, thank your lucky stars.) But you’re still going to be the one who gets yelled at when the client balks at the $30,000 research bill you ran up on a fairly minor point of law. If you’re not sure how much time something should take, ask. If you don’t know how much time you can spend on Westlaw or Lexis, ask. Even, “Hey, do you have a ballpark idea of how long this should take?” can save you from a very unpleasant situation down the road. (Oh, and make sure you know how to research cost-effectively. When in doubt, ask.)

Let's look at that again:

But you’re still going to be the one who gets yelled at when the client balks at the $30,000 research bill you ran up on a fairly minor point of law.
I read that what is also implied is that it can easily cost some clients 30K and much more on mere research. That entails looking up case law for however many millions of cases to find one ruling, one argument that favors your lunatic suit or situation.

This also implies that judges are incapable of rendering a just, reasonable, and rational decision between two or a few parties in a dispute without resorting to some inordinately obscure and essentially meaningless bit of jurisprudence in order to reach a decision.

I don't know if any of our readers have attempted to study the Talmud as I have had occasion to try and make sense of it, or Canon Law, but abstruse regarding the Talmud doesn't come close. This is what scribes (lawyers) do -- destroy wisdom and reason. In the Talmud just go ahead and read about how you must first wash the inside of the cup than the outside, and then read how you must first wash the outside before you wash the inside. Fascinating stuff. (Not.) It's insane stuff. It's lawyer/rabbi stuff.

Folks, we are so far from the rule of wisdom and reason that like East and West, ne'er the twain shall ever meet our reality.

If it takes spending a fortune to find some bit of legal minutia to persuade a judge rather than arguing from essential reason, justice, and wisdom accessible to any knowledgeable mind, then we are indeed a lost race.

At some point in the next Revolution, we win nothing if we don't do something about "first, we kill all the lawyers" in the sense of creating a legal system that relies on wisdom, common sense, good common law, Natural Law, and a refusal to admit precedence in basic understanding of right and wrong regarding contracts.

How many things does law actually come down to?
  • Criminal law
  • Contract law
  • Property law
  • Tort law (injury)
Those are the categories that occur off the top of my head. There may others as basic that didn't come to mind.

Criminal law. Where I live, if a punk steals a $50,000 Lexus and wrecks it and gets caught, what's his penalty for grand theft auto? Pretty hefty you would think. He gets six months, if that, in jail even if he's a repeat offender.

Yet if he robs a bank of $50,000, he'll get many years in jail. Worse for a second offense.

$50,000 in property was destroyed or taken in both cases, yet why the enormous disparity in punishment?

This is our system here.

Contract law. It's immensely complicated because people have been making agreements and reneging on them from time immemorial. Then there are implied contacts, tacit contracts, and many other kinds of vague contracts where someone asks for a favor and another grants it but something bad happens. The case law on this is endless and there is nothing, no failure on anyone's part that can't be excused because some judge in some previous case screwed the pooch and the plaintive or defendant.

Property Law. Immensely complicated.

Tort law. Immensely complicated.

What the judgment has become is simple, though. It's what a judge says it is. There is nothing else except arbitrary opinion which guides a judge's ruling. A judge can rule anything. There is no appeal from the last judge who is simply ruling as he feels like for the most part. Justice is rarely found in any court, not simply because judges are fallible or sinful creatures, but because they are so thoroughly corrupt. Corrupt because they are all so far from God, have no idea of God, and are in the dark; so how can they, even as a panel, arrive at justice? So far from Heaven, alas, but then, that includes almost all.

God have mercy on us, indeed. We know not what we do.



1 comment:

Daniel K Day said...

A local radio host here once told a story about law school. His professor presented two cases to the class that were virtually identical but had been ruled in opposite ways, and asked the class to try to guess the commonality between the two cases. They asked various questions but struck out every time. The prof finally explained to the stumped class that the commonality was that he had argued the winning side in both cases.

The point being, sometimes (usually?) lawyers are no more than jumped-up salesmen.