Wednesday, February 24, 2010

Bad lawyer ethics

Here is advice from the NY Times ethicist:
A friend was caught by police radar going 51 in a 35-miles-per-hour zone. In front of his children, he admitted that he was speeding but asked if I knew a lawyer to help him fight the ticket. I think he should accept the consequences, learn from the experience and give his children a lesson in ethics. He looked at me as if I were from Mars. Shouldn’t he just pay the ticket?
The so-called ethicist justifies fighting the ticket, and says:
James Boswell, himself a lawyer, once asked his great mentor about the propriety of a lawyer’s “supporting a cause which you know to be bad.” Dr. Johnson replied: “Sir, you do not know it to be good or bad till the Judge determines it. ... An argument which does not convince yourself, may convince the Judge to whom you urge it: and if it does convince him, why, then, Sir, you are wrong, and he is right.”
This is a good example of how lawyers have ethics that no parent would ever teach to his kids. Law schools teach lawyers to make whatever bogus arguments that they can get away with, and to become righteous about it if some silly judge is duped.

My ex-wife is a lawyer, and she will make any bogus argument she can to win in court.

But if a parent caught a child misbehaving, he would never let the off the hook because of legal technicalities, such as inadmissible evidence. He would tell the kid to own to what he had done, and to face the consequences.

2 comments:

Anonymous said...

what an amusing title for this post, you repeat yourself with the first and second words and then create an oxymoron with the second and third. Good show, and very efficient! And unfortunately true.

Anonymous said...

Your ex. argues things that are, and have been easily disproved by you. I think her goal is to incite and perpetuate matters.

She's getting what she wants... The court is there to profit and it serves her interests, too.