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Champion
      
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DavidM (4/17/2008)
MattJ (4/17/2008) Thats not morally bankrupt by definition. You're just plain wrong....at what point did I say that morality didn't enter my thinking. Now that's why you're a Lawyer, incisive thinking to remove the point made without ever saying anything about morals or if you're morally bankrupt ... a classic. I'd question how acting for one party can give you a truly independent view of a situation because you ain't even close. MattJ (4/17/2008)On whether society can make laws so simple you don't need lawyers, well of course they can. But you can't work out the solution fair enough. I think you've missed my entire point re: simplification of the law. What I was saying is that technically it is possible to simplify the law i.e. the government can pass a "murder is bad bill" which literally just says "if you kill someone we will put you in prison for as long as we want". Thats a very simple law which people understand. It doesn't differentiate between murder and manslaughter. It doesn't distinguish between someone who is intending to kill and someone who accidentily kills or between someone who maliciously murders and another person who is assisting with a suicide. This may also render Doctors guilty of breaking the law because they will switch off someone's life support, is that killing someone? If you don't go onto define those things then you give lots of power to the judiciary because they then have a huge scope as to how they interpret and apply the law. In any event all situations are never catered for with legislation and so common law fills in the gaps. This is why laws are complex, to cater for many varying situations, to take power out of the hands of the judiciary and so that people should be able to get an idea of what is legal and illegal in advance of them doing something (for which we use lawyers). On your first point, I'm not sure what you're getting at. My initial point to Andy Rimmer was that you should not be so quick to judge people without first getting an "insiders" point of view. Each person shoulders their own moral burden. I consider myself to be a lawyer (trainee) and a very moral person. I did not remove the point made. You said that lawyers are morally bankrupt becuase of the statement I had previously made. Your statement was wrong and addressed my point in the wrong way. I apologise if you think its an "unreasonable trick" to use logic in discussions. Matt J
If I wanted to listen to an arsehole, I'd fart!
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Champion
      
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| I forgot to address your point on taking an independant view on things. The reason lawyers tend to be good at this is that in order to do the best job you can you should be able to step back from a problem and analyse it independantly. A judge will be looking at the case neutrally (or thats the theory) and so in order to see pitfalls and flaws in your own case you have to look at it independantly and from the other side's point of view. If you think you've got a weak case you tell your client. MJ
If I wanted to listen to an arsehole, I'd fart!
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Wag
      
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Who needs laws when we have the Daily Mail? They don't use silly long words to make themselves seem clever - they don't muck around trying to pretend that the world is somehow "too complicated" to split into Right and Wrong.
Marios
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Prodigal
      
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[b]MattJ My initial point to Andy Rimmer was that you should not be so quick to judge people without first getting an "insiders" point of view. Each person shoulders their own moral burden. I consider myself to be a lawyer (trainee) and a very moral person. Matt J Point is- I have an "insiders" view of the law, it's just a different one. Mine comes from over 20 years experience supporting young people who've been let down by solicitors who convinced them that they weren't criminals unless convicted. That a 4 year career of thieving and violence didn't mean anything because that copper forgot to write something down and so you've got away with it. Or working "absent" parents trying to get residence for a child who's being abused by the ex partner/other parent, having to pay their solicitor thousands of pounds (8 I think), while the ex partner gets a barrister on legal aid even after a 7 page social services report outlining over 20 incidents of concern is produced (one of my staff just experienced this). Or the young person who's court provided brief turns up 5 minutes before trial having not read his notes and advises him to plead because they want to play it safe. Or Accident lawyers Rus, or Sue4you or the hundreds of other carrion who've turned simple accidents and insurance claims into years long damages cases (out of the kindness of their hearts). We're talking about an industry that's as morally bankrupt as any and more than most.
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Knight
      
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MattJ (4/17/2008) I think you've missed my entire point re: simplification of the law. I got it but was wondering if you wanted to think about a simplification without lawyers that worked. You say it's so complex we can't do that and in fairness the current scheme as you describe it is. The system has been in place for so long changing it is considered impossible without too much pain, that I've yet to be convinced of. The process as it stands seems to be about ever increasing complexity with very little simplification at the expense of common sense and I don't see how this can end well. Do we really want to wait until it breaks?
MattJ (4/17/2008) On your first point, I'm not sure what you're getting at. Indeed we must not assume all Lawyers are morally bankrupt without the inside track? Which is, and I'm paraphrasing, we just follow the law for the client without any regard for the morality of the situation, that's somebody else problem. I just take the money and do my job? Now you may have all the morals in the world but as a lawyer you've got none by admission. That's what people think and hopefully you appreciate it better now.
I hope you're not just objecting like a lawyer because we said "all of them" of used the phrase "definition"? To you it's logic, other people see it differently. I guess your moral view point isn't too common as well though.
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Champion
      
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1) We (solicitors)don't regulate ourselves anymore hence why we have the Solicitors Regulation Authority taking power away from the Law Society.
2) Judges (at certain levels) set precedent by interpreting the law.....lawyers don't.
3) Getting rid of lawyers would mean simplifying the law to a rediculous degree. We would end up with an undesireable form of arbitrary justice which would benefit no-one.
Plus, if people could resolve disputes on their own they wouldn't end up going to lawyers in the first place.
I really don't know why you seem to champion public sector workers over lawyers. Some of them are so incompetant and seem to be hell bent on spreading misery because they can't be bothered to do their jobs properly. I can't bear the fact that from time to time I have to get an injunction against the council forcing them to house someone because of the complete and total incompetance of some public sector workers. They really make me angry....wasting the taxpayers money grrrrr.
Matt J
well i'd set up certain points to disagree there but Andy Rimmers done that just fine, frankly your job could be done by preists, and in some countries is done by preist's
What annoys me though is the ammount of money and misery caused by your profession becuase you just feel like it (ie, cant be bothered, want money, want to impress us mortals how much better you lawyers are and how backward we are). Will also respond that civil servants almost always have their hands tied from doing their jobs properly because of legislation and rulings set by judges and lawyers.
Shame your profession is unaccaountable to the public and your regulating body, is made up of members of your profession really.
Though personally I'm in favour of binning our current judicial system entirley as its nothing more than an obsolete perversion left ofer from the norman occupation and bring back anglo saxon law or Sharia law if your concerned about political correctness
____________________________________As the old robot saying goes "does not compute"
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Squire
      
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Xollob (4/17/2008) well i'd set up certain points to disagree there but Andy Rimmers done that just fine, frankly your job could be done by preists, and in some countries is done by preist's
If a priest was doing the job of a solicitor, wouldn't that make the priest a solicitor? I don't really understand your point.
Xollob (4/17/2008) What annoys me though is the ammount of money and misery caused by your profession becuase you just feel like it (ie, cant be bothered, want money, want to impress us mortals how much better you lawyers are and how backward we are). Will also respond that civil servants almost always have their hands tied from doing their jobs properly because of legislation and rulings set by judges and lawyers.That's a gross generalisation. There are plenty of solicitors who spend their lives scraping a living on legal aid cases, helping people who have nowhere else to turn. What is it about them that you hate so much? You think that the legal profession is more autonomous than the Civil Service?
Xollob (4/17/2008) or Sharia law if your concerned about political correctnessSharia law isn't politically correct where I come from. J
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Squire
      
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DavidM (4/17/2008)The process as it stands seems to be about ever increasing complexity with very little simplification at the expense of common sense and I don't see how this can end well. Do we really want to wait until it breaks?
And presumably to avoid morally bankrupt lawyers getting involved we just need people like you to interpret the law as you see fit using the magic of your "common sense"? That sounds delightful.
For each man on earth, life is waiting for death.
Let he who can win glory - that is the warrior's best bulwark.
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