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Lawyer Reform
Eliminate laws favoring lawyers over other citizens
Overview
Equality before the law is the cornerstone of every democracy. This equality began with the Magna Carta. But since lawyers have dominated law-making bodies of this country since its founding it is no surprise that laws have been enacted that favor them over other citizens. Since the average citizen does not know the law that well and the average lawyer is not likely to reveal the ways in which he is favored many lawyer favorings are probably not known. However, the ones we do know may surprise you. . .
Texas
Citizens may sometimes be held without bail but not lawyers.
In court a juror or anyone else may be held in direct contempt by a judge, sentenced to jail and held without bail-unless he is a lawyer. If he is a lawyer then unlike other citizens he may not be held without bail. Why should there be any difference in how each is treated?
A person qualified to be a juror may be exempted from jury service if he is an officer or employee of the legislative branch of state government. Texas Govt Code S62.106
Why should the young person working for a legislator (most of whom are lawyers) whose salary is paid by the public be exempted from public duty whereas the young person working across the street for a printer whose salary is paid out of private profits (hopefully) be required to do public duty.
(legislative continuance-case put on hold for six months if one’s lawyer is in legislature)
If the legislator is hired more than 10 days before a trial the case is put on hold. It is automatic. Even a judge has no discretion on the case.
Why should a lawyer/legislator be able to put a case on hold that makes the court system more inefficient and involves wasting public money whereas a businessman/legislator in the middle of a significant private financial transaction of course not being able to do the same thing? They should both be able to or none should be able to.
A person may not practice law in this state unless the person is a member of the state bar. Texas Govt Code 81.102
Why should individuals who are allowed to choose a spouse, elect a judge, unhook a gas clothes dryer, and choose a driving speed during a rainstorm be required for their presumable safety to be barred (pun intended) from doing their corporation’s legal work or legal work for anyone else? What makes being a lawyer so special that one can engage in other high-risk actions but one cannot provide help to someone in legal matters?
Legal fees are rarely reversed by an appealate court.
(case law)
Why should not elected lawyer/judges act in the public interest rather than just to protect the financial interests of their profession?.
Only three members of the nine member Unauthorized Practice of Law Committee are non-lawyers
Why should only lawyers who undoubtedly have a conflict of interest be the ones deciding who may be authorized to practice law.
Being a lawyer and a member of the legislature is an inherent conflict of interest
Why should lawyers who directly benefit from the additional work created by the passage of more law and more complex law be in a position to make laws in the first place.
Citizens are limited as to when they can sue lawyers but lawyers are not limited as to when they can sue citizens
One cannot sue a lawyer for malpractice other than when one is directly harmed by a lawyer’s malpractice. Only a client has a cause of action in cases of legal malpractice. Lawyer Jeffery Kaiser sued Enron’s law firm Vinson & Elkins for their culpability in the Enron debacle. But he dropped the suit 22 days later because according to this law only Enron as Vinson & Elkin’s client could file suit against the law firm.
Of course when the shoe is on the other foot lawyers sue and proceed against deep pocket in using the concept of joint and several liability or in class action suits sue in a state far distant from the occurrence of liability so as to use states having favorable jurisdictions to them and their clients.
. . . hmmm. Lets see. Only their clients can sue them for failing in their duty but they can sue anyone whether they failed in their duty or not.
Corporations are required to hire a lawyer to do their legal work.
Corporations even if they are founded by one person, owned by one person and staffed by one person must hire a lawyer to do their legal work.
Lets see . . . A corporation is a creature of the state a single individual may file with the Secretary to form one and the state legislature is mainly lawyers so . . . have to keep the money coming in.
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