Monday, April 10, 2017, 03:59 PM
Posted by Administrator
It isn't that lawyers have intentionally priced themselves out of the reach of normal people, it's just that the court systems has become so complicated that for some things.......and divorce is a good example.......there is so much that has to be done. UCCA Affidavits and declarations of Social Security numbers; Financial Affidavits that are supposed to be accurate but frequently aren't; Mandatory Disclosure forcing people with pay-check jobs who are unlikely to have anything hidden to disclose dozens and dozens of pages of financial information to prove the obvious; Parenting Plans????...we used to do that in three paragraphs and now we use three paragraphs to say who gets the kids for Christmas Eve. I've written about 10 hours long mediations becoming more the norm and, with this, lawyers have developed a complete inability to settle cases between themselves without the "help" of a $250 per hour mediator to act as intermediary. I am as guilty of an in ability to negotiate directly with the other lawyer as the next guy/woman.

Back in the old days, in a small town West of here, we did simple divorces this way:
-Sit around table with judge at head.
-Lawyers say what their clients would testify to.
-Judge decides with lawyers telling him if he was off base.

1/10 of the work we do now at 1/10 the price with, approximately the same result. On the other hand, you need smart lawyers who won't allow themselves to be bullied and a judge who isn't prone to stupidity. You also need everyone to agree, essentially, that we'll suspend a lot of rules because we have a commonly held belief that we will reach a fair result without those rules. And, in a case that needed the rules, there would need to be an insistence that every follow them. But, that is the rare case. Likely, this concept would only work (and did only work) in a small town where the laweyers knew each other and trusted each other and knew that a lie or cheating would haunt them forever and where clients knew which lawyers would not feed them to the lions.

A bigger world means a more expensive least for lawyering.

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