Why we will need lawyers anyway

Justin Schwartz jkschw at hotmail.com
Mon Apr 8 14:13:49 PDT 2002



>I just think people are duped into that; there's way more room for
>discussion, negotiation, and resolution without resorting to lawyers
>than many people are frightened (largely by lawyers) into believing.
>Mostly people don't know what is acceptible behavior;

That's why you need lawyers. Btw, you HAVE a contract when you make an oral agreement, but the terms are often vague and taht operates to your disadvanatge.

a kitchen
>contractor should be helping their customer to understand what will
>happen, when it will happen, and what can be done if it doesn't.\

Yeah, they should, shouldn't they.


>Because that's what they do all day long. Instead, what many do, if
>they have a written agreement at all, is disclaim everything.

Not if your lawyer doesn't let them . . . .


>>It would be useful to have agreements that are easy to read,
>understand, and utilize; most lawyers would never be caught dead
>writing such a document or making it available.

Less won't than can't. Good plain writing is really hard to do.

Fortunately there are
>a few out there who do care about this kind of thing; self-help law is
>gaining a lot of ground in the US and is characterized by, IMHO, more
>fair and honest agreements with paths to dispute resolution rather than
>litigation.

Apparantly you think lawyer = litigation, lawsuits, etc. Heavens no. Most lawyers never see the inside of a courtroom. Most of the practice of law is keeping your clients out of court. That's waht good lawyers do. My own law school, Ohio State, sort od specialized in ADR, alternative dispute resolution. Of coyrse I'm going to be alitigator myself, it's fun for me, but evens o it would professional irrespinsible, indeed, utterely unethical, not to do anything i could to settle it out of court.


>>
>It's my experience that once you get some "iron clad" legalese (a
>misnomer, since no piece of paper written by a shark isn't open to
>interpretation by another shark)

Ahem. And waht is it that you do that is so honorable?

into a relationship, everyone is so
>scared to sign the damn thing that suddenly you have an adversarial
>situation instead of one where both sides want to accomplish the same
>thing without delay or grief. But I think there's a way out, by using
>standard agreements that everyone understands and agrees to.

They're great--if you have a standard agreement. Many business arrangements are not standard. ANd even before i was a lawyerI never experienced a written contract as ana dversial arrangement, more of a mystery than anything else.


>
>Yes, we'll need lawyers, but probably not any more (in number) than we
>need college calculus textbook writers.
>

Actually I suspect that communism will require even more lawyers than we have to interoreat all those administrative rules and regulations. Butdon't worry, education will be better, so lawyers will write better, and laypeoplew ill be more educated and less easily intimidated than (forexample) you seem to be.

Deine,

Die Haifisch

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