Why America is such a litigious society with maximum lawyers per capita?
We do not have enough doctors per capita but we do have the highest number of lawyers per capita in USA. Why? Should not a country of laws, law abiding citizens, and the finest constitution in thw world should have lesser number of lawyers?
The cost of enforcing law has outgrown the benefits. More seriously, the legal cost is so high and the time to get "any" justice so long that true victims can never defend themselves. Our prisons have the highest population, every year poor police work pushes many innocent people in jails, our health care industry lacks the efficiency because of heavy burden of legal costs, our society is full of white collar criminals and politicians because law can be bought, sold, and even igonored, our lawyers are working at full speed for money and not to uphold the rights of victims.
What need to be done?
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Julien P.
Consultant
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Because:
- judges are elected in the USA
- you can shop for your judge in the USA
- there are too many laws in the USA
- there are too many ways laws can be interpreted in the USA
- damages claimed and awarded in the USA can be ridiculously out of proportion
Proposed solution: outlaw lawyers. They should not be allowed anywhere near any government, and especially not allowed to write laws (or vote for laws). If a law cannot be understood correctly by a regular citizen, that law should be scrapped. Laws should also all have an expiration date so useless and bad laws disappear by lack of support instead of staying there forever.
Good luck with that, a good amount of politicians being lawyers.
Bob S.
Principal at DMI
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First, you question would infer that all the lawyers out there are battling cases in the courtrooms. That's not the case. Most are plodding along in the corporate law, real estate law, and such where the bulk of their work is research and prevention of suits rather than suing.
And we are in a litigeous society because our society rewards litigation. Thankfully, we are seeing the light and the rewards are being "capped" in more and more areas, making it less attractive to sue.
The offshoot of this will be a lowering of insurance rates for those who were most prone to litigation, like doctors, and perhaps then attracting more doctors to again look to practice in this country.
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Frank F.
►CEO/Bd Director ►IT Governance Advisor ►Future-Proof Strategy ►Keynotes ►Inno-Change ►Social Media Mktg ►China Advisor
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There are too many crooks and unethical people taking advantage of others. There are too many people who simply don't trust each other. Others seek to blame others for mistakes of their own making. etc., etc.
Some people call this a civilized society. I think not!
And all societies suffer from this in varying degrees. In fact, in other places it is worse because there is no system of laws to protect the innocent.
So life is a trade off. And we must suffer the consequences of both excesses, over-tolerance, and neglect.
Josh C.
Director of Operations at Web Industries, and Decent Little League Coach
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Amit,
Back in the good old days, we used to resolve our disputes with gunfights. Now we use lawyers.
It has also been my observation that the lawyering industry has some odd characteristics, namely, that supply creates demand. In other words, the more lawyers we have, the more we need.
Josh.
Frank W.
AVP Futures Clearing at ABN AMRO Chicago Clearing, LLC
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For the very same reason so many are supporting Barack Obama. Too many people want something for nothing...or to let somebody else's productive work pay for it.
Lawyer Shah Peerally S.
US Immigration Lawyers & CA Debt Settlement Attorneys(LION)
LOL - I love Josh's answer "back in the old days, we used guns...."
Well, part of the reason why America has been one of the most respected country in the world is that we resolve problems in courts not by shooting at one another. Of course, we shoot at others but not as much in proportion! lol
There are many bad lawyers out there, but I know many bad doctors out there too.
When people go to the doctor, they do not expect it to be free - insurances pay for it actually. But why when they come to lawyers, they expect it to be free????
I deal extensively with other professionals, if the employer refused to pay them their $100 or $200 an hour, they complain and report the employer. Yet many will not pay their own bills to a lawyer or refuse to pay for the service because they think it is too expensive. Well, how come they expect to be paid for work, yet they don't want to pay others for their work...???
On the other hand, as much as I have a lot of respect for doctors, many are more money minded than most lawyers I know. And finally, while a doctor can usually save one life at a time, I've seen lawyers saving entire communities at a time. So I think lawyers should get credit for this!!!!
While not questioning each profession, I honestly think we should have more doctors but the truth is that many doctors are opposed to this suggestion because it will increase supply and ultimately their fees.
So your answer is in the hands of the medical profession.
As for lawyers, yes we have become a litigious nation but this is for the better. And for the too many people in jail or prison, you will need to talk to prison guard lobby, they are the one who encourage incarceration.
My 2 cents.
Links:
- http://www.peerallylaw.com
- http://http;//www.immigrationlegalblog.com
- http://www.usimmigrationquestion.com
Clarification added November 2, 2008:
For the last person who mentions Obama,
Go Obama! Change we need!
Martin V.
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Dear Amit,
I live in Europe, so I can only make an outsider's comment. But . . .
I think it is all about the money. It is an industry. Would a capping of claims and legal cost by the government help?
The situation is a caused by a loss of values and ethics, producing crime and corruption. The law abiding citizen is squeezed in between. For me the question is how to re-establish ethics in our (and the US) society.
Best wishes,
Martin
Michael G.
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Because if Publishers ClearingHouse doesn't call, I can always get rich by finding "negligence" somewhere and suing.
Robin C.
Cutting Edge Organizational Development Practitioner/ Thought Leader/Expert on "Cultures of Innovation"
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Because we've raised 2, possibly 3, generations to believe that everyone's a victim, no one is responsible for their own actions, & there are no consequences...
Susan S.
Oppenheimer & Co. Inc., financial marketing writer.
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We like to argue. There is much to argue about. This is a government of laws, not of men and women, and requires specialists. Not all lawyers practice; many interpret regulations for companies.
My father was a lawyer and a good one. He taught me respect for the law.
Richard T.
Master of Design--of events, fashions, games, devices, interfaces, new media, new story-programs
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lots of ugly people there
