Just a few excerpts I found interesting from Robert Massi's article "A Call to Change: Why the U.S. Legal System Harms Americans, and How We Can Reclaim Our Rights:"
The president of the American Bar Association noted in an interview in June that almost half of the nation's 900,000 lawyers will be retiring over the next 10 to 15 years.
Karen J. Mathis told the Third Branch newsletter, published by the Administrative Office of the U.S. Courts Office of Public Affairs, that up to 400,000 attorneys will be retiring, and she called upon those baby boomers to make a positive impact on their communities and professions.
"Boomer lawyers," as they're called, came to the practice of law with the energy, enthusiasm, work ethic and democratic and liberal ideals of the '60s. We held the law in reverence and believed in a justice system that was created to protect the rights of all citizens.
And while the ABA president's call to retiring lawyers to continue to contribute through "active retirement" is critical, we cannot wait for these educated volunteers to create a positive impact on our flawed civil court system. The work must begin now.
...
By the time [these] clients arrive in a lawyer's office they have formed a poor opinion of our current overburdened legal system. It has let them down, cost them money, impeded solutions and delayed resolutions to their problems.
I propose that a lawyer's role today is not to "bail out" their clients but to educate them and help them find a solution without kicking them back into the legal system's vicious cycle of expense, delay and frustration.
People are right to look to the legal system for resolution of a dispute. But as it exists now, the cost, the complexity and the slowness of the system can be intimidating. However, there are ways to settle legal problems outside of the court system. These methods include mediation, arbitration (both binding and nonbinding) and other, more specialized forms of alternative dispute resolution (ADR). These methods are generally less contentious, less costly and less time-consuming than traditional civil litigation.
A radical shift in how lawyers, judges, courts and legislatures view the forum for dispute resolution is a critical step in restoring the legal system as a viable option for settling disagreements. Our legal system must return to the ideals it is rooted in and offer equal access and justice for all -- not only for those with the means to afford counsel, but also for those without financial means who need impartial advice.
The legal system was meant to promote equality and provide a fair venue in which to resolve disputes. But the erosion of access for those without financial means, the cynical and calloused attitudes of some of those who do legal work and the dehumanizing processes of an overburdened system have contributed to the erosion of our reverence for the law.
I agree 200 percent that the legal system is broke--many people file frivolous law suits hoping to retire on their "reward," some people are constantly contentious litigators, some just know that they can get away with a lot within our legal system because of a regular network of payoffs and courting of political and legal "juice," and millions can't afford legal representation.
What I can't stomach is this self-serving statement that attorneys in the '60's "came to the practice of law with the energy, enthusiasm, work ethic and democratic and liberal ideals of the '60s. We held the law in reverence and believed in a justice system that was created to protect the rights of all citizens."
Yeah, right. If you guys (and a few gals) actually had all this idealism, we wouldn't have the mess we have. You were the ones who taught the corporations how to find every tax break and shelter, every opportunity to squeeze small businesses out. You were the ones who advised government agencies and the ones who showed your legal prowess by getting murderers acquitted through technicalities. You were the ones who showed that shading an argument and bending the truth was good for business. You were the ones who were practicing for the past 40 years and supposed to mentor the next generation of attorneys, but for the most part your only interest seems to have been to make partner, make associate attorneys work 180 to 200 billable hours a month, and collect your obscene salaries and bonuses and shares of profits. You are the ones who sit as judges now and award outrageous fees to attorneys, decide cases where business partners and former associates appear, make decisions on how much has been contributed to your campaign funds.
Your generation is the one that found the "golden goose" and is the reason that law schools have to spend more and more time teaching ethics in the practice of law. But that doesn't seem to have much effect on the "real" practice of law. Just write a few more delaying motions, review a few more case files, and pile up those billable hours at $350 per hour. If you want to do something, you might consider why the court system and the bar association are so adamant in policing themselves. Seems to me it's so the system can remain exactly the same. Certainly your generation of attorneys hasn't stepped forward on this until millions have been made. You are the generation which has spawned thousands of lawyer jokes. Be proud of yourselves for that; you have earned it.