I often wish legal ethics experts would engage in a bit more lawyer bashing.
Today, Legal Ethics Forum‘s John Steele pointed out that “Students are
suing their way to become valedictorians, says this New Yorker article.”
Then, he went on to say:
Now, I can lawyer bash with the best of them, but isn’t this
another case where people were out of control before they
called for lawyers?
In response, I’d like to add these excerpts by Sol Linowitz to my WISTful
quotation –Wish I Said That — collection (Betrayed Profession, DCBA
Briefs, from June 1999):
“Elihu Root . . . put the matter more simply: ‘About half the practice
of a decent lawyer,’ he once said, ‘consists in telling would-be clients
that they are damned fools and should stop.’
“Today there are too few lawyers who see it as part of their function
to tell clients (especially new clients) that they are damned fools and
should stop: Any such statement would interfere with the marketing
program. The public pays, because the rule of law is diminished. “
Later in the same chapter, titled “Living the Law,” Linowitz
notes:
“The doctrine that professionalism means respect for the client’s
‘autonomy’ and commands doing whatever the client wants is,
after all, most convenient. Nobody ever lost a client by doing
exactly what the fellow wanted, but much lucrative legal work
has been sacrificed by lawyers who regretfully told prospective
clients that this was something they were not willing to do.”
Thanks again, Lawyer Linowitz.
update (June 6, 2005): Ted Frank has more on the Valedictorian
lawsuit craze, including links to prior coverage at Overlawyered.
afterthought (June 6, 2005): It just occurred to me that there are
probably quite a few lawyers who would be salivating at the facts
surrounding the selection of the valedictorian the year I graduated
from high school. The school selected the valedictorian based on
who has the highest grade average — out of 100%. However, it used
the last report card prior to final exams. The boy selected, named
Paul, was only 0.1% ahead of the #2 boy. However, after finals,
Paul slipped down and was 0.1% behind the Real Number One.
Nonetheless, Paul was deemed Valedictorian. The real Number
One was skinny little Dave Giacalone. He got to give the Saluta-
tory speech, however, and got some satisfaction just knowing he
had squeaked past Paul. This was 1967, and I’m pretty sure that
most lawyers would have called Dave crazy, had he ever conceived
of a lawsuit.
after speaking importantly
she quickly resumes
sucking her thumb
Tom Clausen from Homework
June 1, 2005
counsellor or mercenary?
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