Enough with the Lawyers in Congress [Reader Post]

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How many times have you been watching a commercial for this or that medicine with images of a couple strolling through a bucolic meadow or scenes of a depressed woman who’s suddenly happy again only to be bombarded with a rapid-fire litany of potential side effects so scary that they would have kept Atilla the Hun from ever leaving the neighborhood.

And there are other examples. Credit card agreements come with pages of small type that takes a microscope to read. A contract for a house can be as thick as a phone book with language with all of the clarity of a dense fog. Then there is of course the 70,000 page tax code that God himself could not understand even if he had the help of the guy in charge of writing it (Chairman of the House Ways and Means Committee – Charlie Rangle) and the guy tasked with enforcing it (Treasury Secretary – Tim Geithner). As the former is under investigation for tax evasion and the latter didn’t pay his taxes for years, with both suggesting they misunderstood the code, you begin to understand how complex it is.

All of this is thanks to lawyers, lawsuits and plaintiffs seeking easy money or to impose their will on others. But mostly the lawyers – not the least of whom are the slip an fall type who are willing to use the courtroom to harass and extort money from companies both big and small. They are of course a big reason that health care is so expensive, as doctors feel the need to do a phalanx of unnecessary tests to protect themselves from malpractice suits. They are also the reason that thousands of communities around the country leveled their playgrounds and filled in their pools over the past two decades. They are the reason the Corps of Engineers had not strengthened the levees in New Orleans in 30 years despite the danger and the money having been allotted. They are also the reason that a wheelchair bound 80 year old grandmother is seen by the TSA as potentially an equally dangerous flyer as a 30 year old Muslim man traveling with no luggage.

A recent example of the damage lawyers (and their professional plaintiff accomplices) can do involves a wheelchair bound California man who sued Chipotle Mexican Grill because he could not see the ingredients being put into his burrito while standing customers could. He lost the case initially but won on appeal. The company spent hundreds of thousands of dollars defending itself and faces potentially the same or more in costs associated with complying with the judge’s order.

As bad as lawyers are in the private sector, there is an even bigger problem – lawyers in the Congress. Currently almost two thirds of the Senate is made up of lawyers while in the House it’s one third.

Given they make up about one half of a percent of the population, that seems a bit excessive. While being a lawyer shouldn’t disqualify one for serving in government, there is something to be said for voters limiting their influence. Almost by definition lawyers do not produce anything. While they may become successful and hire a large staff, they by their very nature operate in a legalistic environment where government and its laws are the driving force. Contrast that with an entrepreneur, a businessman, or a farmer, who, in addition living having to run a daily gauntlet of government regulation and taxes, has to also run a good business or farm. And do so profitably. While lawyers make their money off the paperwork involved with interpreting or arguing what laws say or don’t say, the productive class of society have to actually make things, grow things, invent things and innovate processes in the universe where most people live.

Unfortunately for America, Congress is dominated by people who have little knowledge of, and less experience in, actually doing anything productive. And I mean productive in the sense of creating wealth aside from using the legal system to take money out of someone else’s pocket. They simply don’t understand what it takes to start a business, what it takes to sustain and grow a business, or, most importantly, what impact the yoke of government regulation has on business. Having cut their teeth in a universe where laws and regulation are simply words on a page that must be adhered to, they don’t understand that government does not make a successful society, economy or country.

Christine O’Donnell may be a flawed candidate but on her worst day she would make a better legislator than that erstwhile slip and fall Democratic VP candidate John Edwards. Doctor Rand Paul may have an abrasive personality, but he’ll understand far better the actual impact of ObamaCare on citizens and doctors than Harry Reid and the 34 other Democrat lawyers in the Senate who helped push that travesty on the country. One of the great outcomes of the Tea Party movement has been the reemergence of the citizen legislator, candidates who have actually lived lives outside the velvet glove of the courtroom and government. They may be flawed, they may have made mistakes and led imperfect lives, but that is because they were busy living lives rather than prepping themselves for office. They understand that government is not the reason the country is great. They understand that the role of government is not to protect us from every negative outcome, to take from the rich to give to the poor, to tell us what we can eat or who he must hire or how we must manufacture our widgets. They understand that by lessening the burden government places on the citizenry they can help America become once again a shining example of freedom and prosperity.

The question is of course is: Will the citizenry give them the chance to make those changes?

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It has been said that that lawyers do not “make the pie” – all they do is divide it into smaller and smaller pieces until all that is left is an unpalatable pile of crumbs – after they get their piece of it, of course.

I can’t stand what lawyers have done to our society. It’s insideous. They affect everything. I hope that someday, they’ll mostly just be looking for work… with tax preparers.

FLat Tax + Tort reform

Vince,

Great piece and timely. It is a flaw in the system that has seen a majority of its elected seats of legislative power filled with lawyers.

Running for office benefits their firms, and their jobs are happily held until their return. And if and when they do return to their law firms, their political pull and connections, attract more clients to the firm. They become unregistered lobbyists, in effect.

The same does not hold for others such as people in business. If you’re an executive in charge of marketing, or manufacturing, for example, you can’t decide to run for elected office and have your job held for you. When you leave, you’re done, and your job gets filled.

Lawyers and judges have dreamed up, written, stretched and passed the laws that perpetuate their machine, and it’s control over much of society.

It’s “reign-them-in” time.

I disagree. But only in _this_ sense:

If you don’t have lawyers writing the laws, then you’ll have lawyers contesting the laws that have been written. It’s the nature of lawyers to contest laws. The problem is the _judges_. If the judges would stick to the laws so that lawyers didn’t harbor the hope that _this_ time, with _my_ exploration of this or that nit within the law, maybe a judge will carve out a new precedent. If some of the judges would toss out a few cases as frivolous instead of trying to establish new precedents…and then impose massive fines on the lawyers that filed…then _maybe_ the number of lawsuits would be reduced. Or perhaps if there was a professional lawyers organization that imposed a limit on the number of lawyers graduated each year like the medical association does there would be fewer lawyers scratching for more cases to enrich their larder. As long as we keep making more lawyers, though, and as long as more lawyers are out there trying to make a living, there will be a need to make cases when none should exist.

Judges could put a lid on it – but they don’t. They like establishing precedents.

Of all the professions, although I consider the llegal one an Industry, does not the ABA have the highest number of felons, swindlers, just plain crooks than any other? I ofter wondered what our country would be like if we disallowed them from running for public office and then taking it to the extreme, keep them off the benches. Betcha that would clean up the Gov real quick and make our country strong again, Dontchya think?

@ injurylawyers, B-Rob, is that you? Go Rent a Billboard !

I have told many a primary candidate “Sorry, I cannot in good conscience support you because you are a lawyer.” And I will openly campaign against them because they are a lawyer. If the ballot has two candidates and both are lawyers, I don’t vote for either one. I have found in my short 56 years that when a lawyer passes the bar it makes them beleive they are experts on everything. Jack of all trades, master of none.

@Razorgirl: COOL!

Someone should compile a list of all those patriots in America who are not lawyers as possible candidates for POTUS 2012. Hmm, I’d love to ponder that list.

atti: ALLEN WEST is a busyness man, and COLONEL, I don’t think he is a lawer. ILLARIO PANTANO is a MARINE, yes they live
more lives than one on a stage of war, and there are more of them.
bye

OLD TROOPER 2: hi, FUNNY B-Rob is gone after the ELECTION,
AND all the pages full of his CON’s COMMENTS, they did not serve any thing,
all this energy he spend, for nothing, WIll he ever learn to focus his energy at the
right place. NOT at the left
bye

OLD TROOPER 2: hi, what if the money is not available, to pay for his trip, from Government
Only I OWE YOU s, does that mean he would have to pay from his pocket,
and pay all who accompany him from his own money.
I wonder if he thought of that possibility. like every one think before a
major expanse when they haven’t got the money.
bye

@ ilovebeeswarzone…That, Ms Bees, is why taxes are raised, significant things like MEDICARE and Social Security and Veterans Pensions get slighted and Dollars from the Defense Budget are wasted and the Treasury prints more money that devalues the Currency.

Welcome to North America’s Newest Banana Republic! The US of A!

IT SURE IS DISGRACEFULL OF HIM to impose such a burden to AMERICANS .
there is no excuses for it except to be spitfull to have been disapointed by the ELECTION,
THAT IS what many will view it.

@atti: #5 The last I knew the lawyers also were either #1 or #2 in the lobbying money spent on the politicians. The teacher’s union is also up there.

Many years ago a radio talk show host told about a city or county (I don’t remember which) that made a law that legislation had to be written in 5th grade English. He read a bill that was written in political language, then read it in 5th grade English. The difference was amazing.

As you know, the bills are written in such a way that the average person can’t understand it and purposely written in very long paragraphs just so people will get tired of reading them.

The politicians don’t want us to know what the bills are. You know how the democrats like to title their bills so it sounds like it is the opposite of what it will actually do.

The difference between the USA and Japan can be seen in the difference in the contracts written by their respective turds and lawyers.

I had occasion, as a chemist/marketer to have been involved with a dozen or so licensing agreements with the Japanese and some with American companies. The contracts are like night and day. The Japanese contracts, written by Japanese lawyers in English, were easily understood by anyone with but a decent knowledge of English, whereas the contracts from American lawyers were obtuse, arcane, and a complete efffffing mystery. Another difference was plain to see. Some of the agreements by the American were unbelievably voluminous and extremely weighty. The Nipponese had a predilection for brevity, honor and trust. Theirs were a skimpy 3 to 6 pages long…and very readable.

I am told that the contracts from the Japanese for Americans playing baseball in Japan are another perfect example. Those written by Americans are pus-like, stupid, and clearly designed to make as much money for the lawyers as they can leach.

atti,

Excellent example, Japan. I second that notion. Your experience is quite consistent of the broader application of contract law practice in Japan as I’ve experienced it. I can also personally attest to having made a handshake agreement with a Director of one of its largest companies, and we proceeded to the “work” before the contract was signed. All elements agreed to on the handshake held. Lawyers attempted to insinuate changes, subtle and otherwise, but all were rejected. Honour seems to have had meaning.

I have never been able to depend on a “business” handshake anywhere else in either North America, Europe or elsewhere in Asia. The North American lawyer is a particularly despicable breed.

atti: ALLEN WEST is a busyness man, and COLONEL, I don’t think he is a lawer. ILLARIO PANTANO is a MARINE, yes they live
more lives than one on a stage of war, and there are more of them.

Let’s wish them all the best, for them and their families. They must deal with the Progs who are not nice people. Odd isn’t it? A party which touts itself as being for the people actually does more harm to people in every way possible. They rob and steal, and menace. They are the party farthest from a Democracy and a Republic…and they’re the ones who left the National Mall a complete mess after what they call a rally. Pigs. Pelosi still has a few months to work up some evil, and she will do it.