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/me nodding vigorously in agreement The question in my mind is what a system would look like where lawyers were legally bound to serve "truth" in some way abov
by rectang 5y ago
/me nodding vigorously in agreement
The question in my mind is what a system would look like where lawyers were legally bound to serve "truth" in some way above and beyond their current ethical obligations. The question immediately arises, who is the arbiter of that "truth"?
What got me on this question was this passage from the root:
> If lawyers cared about the truth then there wouldn't be any lawsuits, just mediation and settlements out of court.
But court system rot doesn't begin from the personal moral failings of individual lawyers (except insofar as they choose to participate). The litigants — primarily powerful commercial entities — create an inexorable demand for an unlevel playing field.
- jacquesm 5y agoAgree that the litigants are a huge part of the problem, but an ethical lawyer would refuse to take an un-ethical case. But the reverse happens, un-ethical laywers goad their customers into suing because they can win the wrong case just as easily as they could lose a right one. For them it's always a plus.