Code Of Ethics - What Is Wrong?
The Code Of Ethics for lawyers is written by lawyers.
The Code Of Ethics for lawyers is administred by lawyers.
The Code Of Ethics for lawyers is not legally binding on lawyers.
98% of lawyers give the other 2% of lawyers a bad name. Often, this is not perceived to be a joke. So, what can be done?
First, give non-lawyers equal voting representation on licensing boards, ethics committees, and disciplinary committees.
Second, make lawyers and their firms financially and legally accountable for frivolous and harassing lawsuits.
Third, make lawyers and their firms financially and legally accountable for misleading and false statements in court filings and verbal arguments.
Fourth, do not allow lawyers to breed. O.K., this one won't fly, but it's a thought.
The Code Of Ethics for lawyers is fairly standard throughout the United States. In each state, from what we can tell, the state bar
association drafts the code and administers the code. Many lawyers go their entire careers without ever being officially accused
of violating the code of ethics. But, like a bad police officer, rouge soldier, or an inept doctor, the bad ones stand out,
like that dip John Edwards who wanted to be President. Many people never
file an official complaint because they consider it to be a waste of time. In most cases, it is a waste of time. Lawyers, like other
self-regulating professions, protect their own with a passion. We think they protect to a fault, not only allowing inept lawyers
to thrive, but also promoting the very unethical activities to which we object by promoting provisions in the code of ethics that effectively
shield the great majority of lawyers from any ethics violations.
Confusing? Yes. Every code of ethics for lawyers allows lawyers to "zealously represent their clients". What does this mean? That lawyers can get away with just about anything in the name of "zealously representing their clients". Nothing in the code of ethics requires a lawyer to refuse to represent a client who has a frivolous claim. To the contrary, every client has the right to the best representation that they can afford.
Nothing in the code of ethics prohibits a lawyer from making factual misrepresentations in court filings, which they do all the time. The "code" does prohibit lying but it is excused by "zealously representing their clients", so, in reality, the "code" excuses lying. So, you ask, why don't the courts take action against lawyers for this sort of conduct? Because virtually every judge has been a lawyer at one time and has done the same thing, all of the clerks want jobs in the big well-paying law firms so they keep their mouths shut, and the laws are written by legislators, the majority profession being lawyers. What a system: courts for the lawyers, laws by the lawyers, and code of ethics of the lawyers. Justice? Not in the American civil court.
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