It seems to me that the thrust of Madison’s Federalist Paper number Ten (10) was that we must guard, at all cost, against letting a faction control more than one branch of our government. He stressed this over and over. A faction that gains the reigns of government is a faction that will visit tyranny upon us all. To see Federalist Paper number Ten (10) http://incapp.org/federalist papers/no 10/no_10.htm .
As a faction lawyers have total control of the Judicial Branch of our government. Laymen are barred from the Judicial Branch. Only those that have passed the Bar Exam and are licensed can be members. The Legislative Branch of our government is at least 2/3 two thirds lawyers. Lawyers have overriding authority in the Legislative as well.
Most of our president’s have been attorneys. Making all three Branches of our government most of our history in the hands of attorneys. Madison himself was an attorney. With at least two branches under control of lawyers at all times, and all three Branches under control of one faction some times, we might have a problem.
If we take as a self evident fact that people do what they perceive to be in their personal best interest, then lawyers being human, they are as susceptible as any other human to this attribute. They will work together as a faction consciously and unconsciously to improve their lot. To the detriment of the rest of us.
Further, an honest examination of the facts will show the unbiased observer that Lawyers do business outside the market. They as a faction and as a profession, are outside the normal ebb and flow of market forces, determining the rate of pay for the work. What other profession charges at least $125.00 an hour even when there is a glut of workers in the field?
What other profession is held to a lower standard than the layman? If you appear in court per se, and the opposing lawyer forgets to file some important paperwork, he or she will be given a pass. You, however, will absolutely not. Even if the omission is obvious and has been brought to the attention of the attorney. If you even forget to file an obscure and arcane piece of paperwork the opposing lawyer will file a motion to whatever, and it will be granted. Game over. This is one of the ways that lawyers keep themselves outside market forces. Is there any other profession where a lay person is held to a much higher standard than someone licensed?
Have you ever wondered why tort reform is so obnoxious to the legislature? They ardently resist any push to control frivolous law suits. Everyone has heard of some of the more insane verdicts. The burglar that won tens of thousands of dollars for cutting himself on the window he broke to get in, the guy who won hundreds of thousands for trying to stop the spinning chainsaw chain with his fingers, etc… Why is the Legislature so reluctant to take on this issue? The answer is obvious, most legislators are lawyers. No one hurts themselves!
Who makes out in a class action lawsuit? The people that suffer actual damages get a pittance. The big winner, often making tens, or hundreds of millions of dollars, are the lawyers. Who wins when there is a large amount of crime, Lawyers. Who wins when society mistrusts itself, Lawyers. Who wins when people are sue happy, Lawyers. Who wins when there is turmoil in business, Lawyers. Are we seeing a pattern yet?
If decadence, chaos, instability, etc… in society enriches attorneys, and attorneys, as a faction, control government, and people do what is in their personal best interest, consciously or unconsciously, why would we assume that lawyers work to make society otherwise? Is it truly in our best interest to allow lawyers have so much power?
Most of all, why assume that attorneys are more virtuous than society as a whole?