Lawyers are held to a higher standard. In every state, and at the federal level, and among most agency courts (e.g. the SEC) we face rules on the standards of conduct. We have rules on how we can advertise, what we must keep secret, how to handle conflicts of interest, how to safekeep client's property, how to handle retainer fees, how we can't quit cases in many instances. We have rules of duties to the tribunal: we can't bring specious claims, we can't elicit false testimony, we cannot lie to the tribunal.
However, there is this notion of zealous representation. Since our legal system is modelled on the joust theory (each side has its champion competing in the tilt), we feel we must present every argument that may win for our client -- zealous representation. However, "zealous representation" is, interestingly, NOT in our cannons of ethics (in most states -- and it was once in some ethical rules but was removed years ago) -- we are technically not required to do that.
The first place I worked made specious claims and just said shit to get money. I left as quick as possible (fearing for my own practice), and have been fortunate enough to NOT be around such a practice again. What scares me as much as anything is credibility. With most judges, these stupid arguments like "McDonalds is to blame for my kid being a porker" will get you a horrible reputation, as the judge looks down his nose at you and asks, "Are you seriously implying, counsel, that X,Y, and Z?" Most of us don't like to be looked at as stupid or silly, so the amount of silly claims are really few and far between.
These days my practice is aimed at keeping people OUT of court.
Oh well, someone looking to have her kid consoled for being a porker by suing McDonald's WILL find a lawyer eventually -- if she's willing to look long enough. It's not that we're bad eggs, it's just that only the bad ones get found.
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But, hey, I'd like to point out that this is a problem for all professions these days. Been to a car mechanic lately? How many things on his list were REALLY needed for your car? Drive thru -- "Supersize that, sir... and would you like a smoothie?" (upsell, upsell). Try getting electronics components fixed -- often times they simply tell you to throw it out and buy a new one. Hired a plumber or exterminator lately? Did you understand your bill from them?
Hidden charges, silly products/services, and money pits abound these days. You need this pill to lose weight, this book to learn how to take the pill, this pill to help your eyes because you read the book, and oh here some prilosec because all those pills will give you acid reflux. Oh, and while we're at it, have some prozac because you're going to feel depressed for being bound to pills for life.
Now, let's move on to homeopathy. You need some aromatherapy, a massage therapist, and here are some crystals and rocks and wood -- along with a feng shui consultant to get your life centered and your chakra balanced.
Now that you feel good, let's move on to looking good. Our haircuts are only $60, $220 with color, you'll definately need a quick tummy-tuck and brow lift (we can expedite those). Oh, and you've got some unsightly facial hair -- a mere $3000 and we can have that gone inside of 6 months, never to return. You'll need a personal trainer and a gym membership, which takes commitment, but it's so worth it and such a bargain at $99/month. You'll need these face, hair, and body care products to use at home, and oh don't forget the most recent (MORE) supplements, from the professional trainer of course.
It is all a bit silly isn't it? I mean who else is fed up and put out with being drugged up, let down, stepped on, and lied to by our hyper-consumer buy this, eat that, wear this, now change it all society????
Well, me, for one.
But, trust me, it ain't just the lawyers that've gone off the deep end.
[ 12-18-2003, 05:08 PM: Message edited by: Timber Loftis ]