Scalia to Lawyers: Go Do Something Productive
Justice Scalia on whether smart people going into the law is a good thing. From The ABA Journal:
"I used to be disappointed that so many of the best minds in the country were being devoted to this enterprise.
"I mean there'd be a … public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn't she out inventing the automobile or, you know, doing something productive for this society?
"I mean lawyers, after all, don't produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That's important, but it doesn't put food on the table, and there have to be other people who are doing that. And I worry that we are devoting too many of our very best minds to this enterprise."
Via Volokh.
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What a nitwit.
The government creates more and more laws, which creates the need for more and more lawyers because people have more and more need to defend themselves in court. Supply is meeting the increasing demand.
That, and it's also a vicious cycle; most legislators are lawyers by trade, and professional courtesy demands they make work for their comrades by passing even more laws.
It's fucking artificial demand created by the government.
It's a wonderful life. Every time a new law is created another lawyer gets his wings.
I agree. An old Harvard Law School president said something similar a while back. I urge my kids to do something useful--like science or engineering--and eschew the law.
Lawyers are a dime a dozen, and the more of us there are, the more we need.
I wanted my son to do something useful and he tricked me. He became a Computer Security expert, THEN went to law school!
At least he i doign it on his own dime.
Preview would have caught my leaving the s off of is.
Perhaps Scalia should look at the reason why there are so many lawyers. Maybe it's because the %$&^*&@! Supreme Court created an artificial market by allowing the legislature to enact laws on every damn thing under the sun.
Heck, a few weeks in to my constitutional law class, I quite clearly began to see the artificial market the supreme court has created. What was such a simple, powerful document is now muddled by tens of thousands of pages of majority opinions and dissents, and of vague rules that introduce more ambiguity than they seek to resolve.
The constitutional law textbook was more than 1400 pages, if I recall.
A perfect example of the kind of business the supreme court makes up for lawyers can be found in their treatment of the death penalty. They get rid of it temporarily, then bring it back, and in decision in decision weasel their way around every objection and create some sort of byzantine justification for the ultimate idea that the death penalty is constitutional. It's confusing as hell.
Of course the supreme court doesn't have an exclusive grip on making thing muddier and generating business for lawyers.
I think of business law in particular, which is one part a completely legitimate, non-government-driven enterprise, as parties do need sound legal documents and arbitration. The other part, however, is dealing with the legal ramifications of the types of artificial creations and regulations the government comes up.
A good example is the fact that a company can spend years in litigation arguing that the actions of its fully-owned subsidiary don't create any liability for the parent corporation. Logic tells us that a fully-owned subsidiary should be at best an organizational device, yet a few laws get added in and voila, you've got a cheap form of insurance, and while liability can still follow up the chain, don't expect on winning that case for years, keeping lawyers employed in the process.
Despite the wall of text above, however, I do think lawyers are a much more vital (and yes, producing) part of society than Scalia wants us to believe. Heck, tax lawyers can "create" wealth in the sense that they keep some of it out of the government's hands.
Beyond that, however, I think we've all read story after story on this website about innocent people on death row being set free. Lawyers set those people free. Lawyers also put those people on death row, but that point highlights that, like any other career, the utility hinges not on the profession, but on what you choose to do with your abilities.
Some engineers spend all their time pouring over data that goes nowhere as glorified cogs in a machine. Some lawyers do the same. Some doctors push through as many patients as they can with no interest in helping anyone.
I would conclude by saying that yes, lawyers, judges, and all those in the legal field do often needlessly complicate our lives and enrich their business. But this fact speaks more to the person than to the field. If one wants to be a lawyer who creates and not destroys, the field itself certainly doesn't make that easy, but every lawyer can ultimately make that choice.
For Scalia to so broadly dismiss lawyers is either self-hating or simply ignorant on his part, particularly since he is part of a group that holds the power of a full third of government despite being only nine people. With a single vote, Scalia can create or destroy billions of dollars (and he's kidding himself if he thinks tangible goods are any different than money) or thousands of lives.
So yeah, I wish we didn't need lawyers. I wish our society was that simple. It's not, and anyone is being deeply delusional if they think that laywers can't do admirable things with their lives, just like anyone else in any other career can.
Sorry for the stream-of-consciousness-like wall of text. I've had a few of these things on my mind recently and they all spilled out at once!
Not a good thing to read the week you're working on law school apps...
I disagree: that is the best thing to read before you make the commitment. Don't do it. Trust me on this.
Unless you get into a top 10 school (Yale, Harvard, etc.) where you will land a job at a top law firm, the odds are you will work long hours with mediocre pay and you'll have mountains of debt to pay back over the rest of your life.
Euler, mostly horseshit. Actually, most of this is horseshit.
Lawyers are smart people who are too dumb to be doctors or scientists. You aren't sapping that pool of talent; you're tapping the pool of mid-level management talent.
As to the mediocre pay, well, that's in the eye of the beholder. I can tell you I'm doing pretty f'ing well for a 28 year old and I'm nowhere near the top of the class.
Well let's not over-generalize, shall we? I know what you mean, but just because someone became a lawyer doesn't mean they're "too dumb to be doctors or scientists."
I lived in the "real world" for 14 years before going to law school - my undergrad degree is a B.S. in a hard science. I also knew a guy in law school who was an MD and then got his JD and is now practicing med mal.
But yeah, the majority of those out there practicing law are doing so because they didn't know what else to do after getting an English, history, government or poli sci degree. And they figured they would be making wads of money while accumulating power and influence. Not.
Call me perverse, but I went to law school because I enjoyed the study of the law on one hand, and what I knew of the practice of the law (outside of big firms). Granted, many people get in for the money, or because they couldn't meet the requirements to get in to med school, or because their family told them to go in to law, but I'd say a solid 5-10% of a law school class (from my own observation) is there because they like the law and they would want to be a lawyer for its own sake.
And let's not kid ourselves, excluding people coming out of the worst law schools, lawyers make a healthy amount more than the average salaried American. And just like most professions, your degree matters less and less over time and your ability starts to stand out. Generally speaking, sub-par lawyers will, over time, find themselves making less than their more-skilled colleagues (unless of course one of their skills is looking like a good lawyer). People who are the best of the best will almost always find a way to rise up to the top, and if they don't, they're kidding themselves about their own abilities (a common flaw for lawyers).
Right now is a really *lousy* time to work towards becoming a lawyer. Don't believe the bullshit of the admissions and career placement people. I personally know two lawyers - law school classmates of mine - who graduated within the top 2% of their class, got jobs at biglaw firms making $150,000, and just a few months ago, got laid off.
Lawyers are knee deep at the unemployment office right now. Even the lousy scut work of contract document review is hard to find, and from what my friends are telling me, the pay has been cut in half from what it was paying a year or so ago.
I feel lucky to still have my job, at a biglaw firm, after one round of layoffs a few months back, but you never know.
Q: What do you call lawyer-bashing by a Supreme Court justice?
A: A good start.
Based on Balko's work, there are not nearly enough brilliant lawyers working as public defenders in Podunk.
I got news for you Tony, none of the best minds go into law. Undoubtedly, your bar for brilliance is set low from having spent your life amongst lawyers.
I happen to be brilliant, and I didn't go into law.
I mean lawyers, after all, don't produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That's important, but it doesn't put food on the table, and there have to be other people who are doing that.
Aw, whatsamatter, Judge - too many foxes, not enough chickens?
Aw, whatsamatter, Judge - too many foxes
I heard that Podunk chick was hot.
I didn't mean those kinds of foxes and chicks. 🙂
Damn. I can always go for a hottie who wears nice suits and heels and can split the check at dinner.
Next time maybe.
I agree with Nino. We have too many public defenders, and too many brilliant people in Podunk. The way I figure it, if you live in Podunk, you belong in jail.
I lived in Podunk for a while and I was unable to spot all of these brilliant people. Must of been the dumb are bored look they were sporting that fooled me.
I do write my characters as having brilliant lawyers and all of Suki's lawyers have the last name of Liddy.
John T's son is a Ranger JAG officer in the books too.
Fiction is a lot easier to do that stuff with than in reality.
"all of Suki's lawyers have the last name of Liddy."
Sort of like the way all of Kings villians have the last name(or only name) of Flag?
I was unaware of that so I will take your word for it.
Tend to stay away from last names when not specifically needed too. Only one of John's friend's last names is mentioned because she was in her security uniform when she met Suki. None of Suki's friends last names are revealed and Suki finally gets a last name at the 'end' of the series.
Actually, there's only one Flagg. They're all the same person; this is revealed in the "Dark Tower" series.
Thank God. I can take something else off the plate of things I never knew of that could be "sort of like something" in any of four novels.
I never finished that series, I started on 'Wolves of the Calla', and I couldn't finish it. So how the hell did 'Flagg' get out of the Dark Tower series and into The Stand and Eyes of the Dragon? Isn't there some kind of law of literary physics that prevents characters from series jumping?
Isn't there some kind of law of literary physics that prevents characters from series jumping?
I hope not! Some of my characters could be their own evil, nasty series! The one I just finshed is centered around a nice, holesome, Libertarian couple that just wants to be left alone.
Um, why would you start like six books into the series?
It speaks volumes that the lawyers ex-prosecutor Scalia singles out as especially "not doing anything productive" are public defenders. I like some of his opinions, but the guy is a dipshit of the highest magnitude.
I gave him the benefit of the doubt that he was implying that prosecutors are not brilliant.
Of course that's a benefit of the doubt that he does not deserve.
No, he was picking an example of the most selfless, unremunerative type of lawyer you can be and point out that he still wishes she'd done something else.
You know, I am not sure what to think about this, I mean, you know, well... you know...
I agree and disagree with Scalia. Yeah, lots of lawyers are not productive. I am bored and unproductive most days. But, those lawyers are not public defenders. PDs are some of the only productive lawyers there are.
I'm not sure Scalia is right. The old joke used to be that the clever jewish kids who were afraid of blood and bad at math grew up to become lawyers. I'm sure that's too racist to be told nowadays.
Anymore, the economic incentives of law school are such that it attracts a lot of very bright individuals. I mean, would you rather work as a professor at some state college and make $80K a year, or be a junior partner at a law firm in Manhattan or DC and make five, ten, TWENTY times that?
Granted, almost none of the people who get out of law school will get those jobs, and many of them will end up making less than the aforementioned professor by the time it's all said and done. It still doesn't change the fact that those high-profile, high-prestige, high-salary positions are out there and beckoning for the next generation of academic talent.
If money is all you're after, then the answer to your question is self-evident. But you knew that.
"I mean there'd be a ? public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn't she out inventing the automobile or, you know, doing something productive for this society?
This guy, you know, sounds, you know, like a, you know, FUCKING GENIUS!
---
It speaks volumes that the lawyers ex-prosecutor Scalia singles out as especially "not doing anything productive" are public defenders.
good catch
Thanks to Scalia's 4th and 5th Amendment opinions, the need for public defenders to defend basic constitutional rights has increased.
Wow! It's so great that a lawyer, and one as distinguished as Scalia, is saying this! I once wrote a blog post, "Law Schools are Brain Toilets," where I said pretty much the same thing. I feel vindicated.
Lester you are right. I loved law school, but if I had it to do over again, would have done something else
What the fuck did you like about law school. But I would have doen something different. If I can ever find a job, I am going to try to get into accounting.
Warren,
I wish that were true. There are some brilliant minds wasted in the world of law. That's the problem. JDs, MBAs, and other paper-pushers have been the sexy degrees in recent years, all while the U.S. preeminence in science and technology seems to be growing less preeminent.
The best talent still ends in the US, though, in most cases. They will do undergrad work in China, India, or Europe and then go to Princeton, MIT, Stanford, Berkeley, Chicago, etc. for PhD's and end up working here.
King wrote M*A*S*H episodes for TV?
(I'm like the wind)
For the record, I'd do physics or engineering if I had it to do over again. Probably the latter.
You should be able to teach every law on the books to a bunch of six-graders and expect most of them to understand it.
Favorite book title -- Dead Laywers and Other Pleasant Thoughts
@Abdul
Why do you hate kikes?
I loved law school and I love practicing law. But I had another career first, so I went in with my eyes open.
In any event, if there are more productive things for lawyers to be doing, won't the invisible hand send them thither? (I mean that seriously. This is not a "DRINK" occasion.)
There's no doubt at all that there's a market demand for them. The point is that we shouldn't need the shitload of attorneys we have. Part of that is litigiousness, but another big chunk is the regulatory morass we've allowed.
We are the priests of the temple of Bullshit.
OK, now the commenters names are not showing up. At first I though that it was somebod[y/ies] putting a space in the name box but then I started seeing replies from commenters that seem to know who they're replying to.
What browser/OS are you using?
When I had the problem I was using IE at work.
Now I'm at home using firefox it's not happening. I don't know if that's it or not. Everything's changing.
I'm glad preview's back.
Now I'm at work and the names have disappeared.
The Squirrel moves in a mysterious way Its wonders to perform.
The point is that we shouldn't need the shitload of attorneys we have.
No disagreement there. My preferred solution is to make fun of fourth-tier law schools and shame them for taking money from kids who would be better off as dental hygienists.
My preferred solution is to make fun of fourth-tier law schools and shame them for taking money from kids who would be better off as dental hygienists.
Hey!
In other major news Woody Allen made self-deprecating comments about Jewish New York intellectuals.
I went to a fifth tier law school. I work with lots of people from top ten schools who are not fit to be hygenists.
Granted, but the investment in tuition at a top-10 school is much more likely to pay off in the end. My problem with bottom-tier schools is the false advertising.
Depends. Mine has paid off. But I was at the top of my class. But again, how many at the botton of their class in top 10 schools have had their degree not pay off.
My experience has been that if you want to be a work a day lawyer in your home state, the local law school is a much better deal than any top tier one.
"There's no doubt at all that there's a market demand for them."
The Market has spoken. Who is Scalia, or we, to question the Market?
How many people are there in China? Our future overlords will need plenty of lawyers. And they'll want experienced American lawyers. Unless they create a slave state out of us. Then never mind.
I blame the popularity of L.A. Law for the current glut of lawyers. I also blame ProL.
Same thing in Finance. There are way too many traders, salespeople, syndicate, etc etc ... It's a sector that sucks in loads of PhDs that should be out designing tech etc rather than finding ways of clipping basis points....
But you know lawyers are not, on average, paid all the well compared to a whole host of other graduate degree-requirement fields. Some are, oh yes indeed, but lots really are not.
Law school and business school are huge scams. Sure, if you are lucky enough to go to a top program with brand name recognition, a JD or MBA could be the ticket to a six figure salary, but that JD or MBA from directional state university isn't going to land you a job at Wachtell Lipton or Goldman Sachs.
I blame Ally McBeal for the continued career of Jane Krakowski.
She is the new Betty White, so expect to see her on TV shows and the occasional alligator movie over the next 40 years.
Agreed, Epi - you and ProGlib are to blame.
Particularly Warren, of course.
I'm an engineer, which means I don't have to go to grad school, which means I get to be earning money for three years while everybody else graduating from my school won't earn a salary until three or four years from now, at least.
And you know how to drive something that doesn't even have a steering wheel!
"I mean lawyers, after all, don't produce anything."
OBJECTION!
Based on the commercials I see at lunch everyday, Justice Scalia needn't worry too much.
A large number of lawyers end up as debt slaves. No one should apply to law school without reading the blogs of Tom the Temp and Law is 4 Losers (google them). And if they did apply, they shouldn't commit. Unless you're going to a Top 14 school or you're going for free, law is almost always a really bad deal. The ABA and the law schools have conspired to publish employment statistics as reliable as 2007 real estate investments.
Well, there's a lot of lawyers right now who can't find a fucking job, so I guess Scalia will get his wish.
I wonder what Scalia thinks of those rotten bastards at the Institute for Justice; he probably thinks we'd be better off if those guys were all pumping gas.
Well, it's true. I recruited at least 200,000 attorneys over the last fifteen years. It's good for me, because I get 10% of their revenues, and a declining percentage for each attorney they in turn recruit.
I happen to be brilliant, and I didn't go into law.
Oh, yeah? Well, I happen to be brilliant, and I did go into law.
So there.
You'd think that Scalia would realize that the number of lawyers is in direct correlation with the intrusiveness of the state. He is almost uniquely position to do something about that, yet somehow hasn't gotten around to it.
Scalia is only one of nine. And the cases must come to him, not the other way around.
RC, all that means is that you've chosen to use your brilliance for evil and not good.
Sug, you took the words right out of my mouth. Ally McBeal's got a lot of 'splaining to do.
While we're blaming lawyers in general and David E. Kelly in particular, I blame The Practice for the fat-prideyness of Camryn Manheim.
R C Dean,
That's exactly the way I look at it. Our population is a barometer for the health of liberty. Too low, and something ain't right. Too high, and something ain't right, either. I'm not sure where the ideal number is for a country our size, but it's somewhere substantially due south of 1 million attorneys.
Pro Lib: I agree with your science/engineering comment. At worst, they can always go to law school after getting a BS...and they'll be in much higher demand than the standard Political Science then JD guy.
Right. Back when I was an academic working with scientists and engineers, several had gone off in mid-career to get law degrees. Patent law is pretty lucrative and is less evil that other practice areas. Well, less evil for practitioners, anyway.
The JD has its uses, but if I'd pursued a technology career, I doubt I'd have spent three years on a law degree.
want less lawyers?
do what you say you are going to do.
follow through on the promises you make.
recognize that you are entitled to nothing besides what your own efforts earn you.
never vote for an incumbent again.
A JD is too often seen as a saving degree. You spent 5 years getting a masters in flugelhorn and now the philharmonic went under. A JD saves you. I've seen a lot of child actors get JDs and then they go into the agent business. Same with former musicians (I went to Cardozo, its full of former celebs). I can think of all kinds of exceptions as to why somebody would want to go to law school, but none of them would apply to everyday kids who go to State U and drink ice beers.
That's what happened to me. My undergrad was inphilosophy. And the last thing the law or culture at large wants is critical thinker running about twlling people how fucking stupid they are.
Kellen Winslow is an attorney. I mean the real one, not the one playing for the Bucs.
"Why isn't she out inventing the automobile"
I can't wait until the day that someone decides to invent the automobile. My feet are killing me.
None of the attorneys in my law office sat around in high school thinking of aerodynamic wake properties.
These are hilarious, partly because they're just funny, but mostly because they are starkly and poignantly true.
http://www.bitterlawyer.com/in.....odes/?id=1
Start with episode one for the full experience.
Those are awesome! I'm surprised more lawyers and law students haven't seen them.
God, we are assholes. I'm so ashamed.
So, I rarely defend my profession, but I do have to take exception with one thing... This whole idea of "lawyers are worthless because they don't produce anything;" has anybody actually thought about that? If it's true, then all service jobs are worthless, which is really a stupid thing to say. I happen to defend a large pharmaceutical company. If my colleagues and I didn't defend them, they would have to stand on the steps of every courthouse in the U.S. giving their money away until it disappeared. There are a lot of things about the legal profession that I'm not proud of (and I wouldn't encourage my kids to follow in my footsteps) but I help protect a company so it can make life-saving and lifestyle-improving drugs, and in my book that's far from worthless.
I think in the big picture, talking on the scale of the whole economy here, there is an argument that our shift to a 'service' economy away from manufacturing has done much damage to the economic health of the nation - we consume (import) much more than we produce (export), and this creates the massive trade deficit we have today.
However this argument is more generally targeted at the predominance of lower-level service jobs (which also pay less than the lower-level manufacturing jobs did). So I don't know if that argument really applies to the 'professions' per se. It is more an indictment of the direction our government has taken the economy by regulating out manufacturing and 'productive' industry.
But yes, technically speaking, doctors, lawyers, architects, etc, perform a service; they do not produce anything.
ClubMedSux,
I don't say that at all. I do transactional work, and my company most definitely needs me. That was true when I did regulatory work in the Before Time, too, though I think it's bad that so much legal help is needed to deal with regulator bullshit.
The size of Scalia's ego is truly monumental. Just who the fuck does he think he is? He's nothing more than a public servant. Is he trying to say he wasted his brilliant mind on the law? Somebody needs to tie him down, bitch slap him with a handful of used condoms, and sodomize him with a big black dildo. Then, put his fat, naked body on display in Times Square, and force him to sing "I Feel Pretty".
http://www.youtube.com/watch?v=L7BQRGXFLJs
Do you have a matter number I can bill that to? 😉
This place is lousy with lawyers, none of whom ever seem to be working.
I suppose that's a good thing.
Oh, I'm working. I just look up between mindnumbing contract provisions to refresh my brain by thinking about something else. If "thinking" is the right word.
Does "douche" ever get put into your contracts accidentally?
I have accidentally inserted clauses ranting about the nonexistence of fast zombies, but no one ever seems to notice.
Oh, I'm working.
Same here. Since I'm sitting at the computer pretty much all day anyway, it's a simple matter to tune in to H&R now and then and post a comment.
It must be a common affliction among the profession, then.
I'm here long after everyone else has gone home, I might add. Fucking legal profession.
Yup, we're the only commenters between 5:00 and 6:00 pm.
OTOH, I'm making six times what I made in my best-paying pre-law-school job. So I'm mostly OK with the hours.
Oh, it's not that bad for me. I'm in-house.
I see. One of those non-time-sheet people I've heard so much about.
We're quasi-mythological. I did my time in private practice and, all told, I prefer this world.
What Pro Lib and Attorney said.
In-house has law firm all beat to hell and back, I might add.
Here's another reason we are fucked, which I came across perusing the U.S. News grad schools issue: The average engineer fresh out of school with a master's makes $56,000. If he had an MBA instead, he'd make $136,000.
Um, why does this make "us" "fucked", again? You sound like my grandfather: "Those kids throwing around a ball shouldn't make 10 million dollars a year!"
Shut up, grandpa.
Shut up yourself and read a book on Austrian economics sometime.
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To all of the lawyer apologists, I think you're missing Scalia's point.
If we were approaching a more perfect world, would we have more, or fewer, lawyers?
If we were approaching a more perfect world, would we have more, or fewer, accountants?
If we were approaching a more perfect world, would we have more, or fewer, doctors?
All of these occupations are necessary to fix problems, however they do not exploit opportunities or create value through invention or innovation. They are all essentially overhead which we require due to the non-utopian world we live in.
While I am all about markets meeting supply and demand, it seems that all three aforementioned service-sector occupations are artificially supported by the government.
People will discover very quickly that the plumber, construction worker, small-business owner, and people who produce real things are subsidizing the economy. Until we start mass exportation of our lawyering, advertising, and financial services to the developing world, we will be unable to pay back our debts. Now that the world of high-finance is shot, I believe we can safely say the American service sector economy is doomed.
Scalia is right. While lawyers can be good or bad, we clearly have far too many of them. More laws don't make happier people, and more lawyers lead to more laws, creating the overly litigious death spiral we're now in.
Scalia is spot on. Too many lawyers leads to lawyers with idle hands, which leads to lawyers manufacturing cases to make themselves "useful." On the other hand, we all may as well give in and become lawyers and law makers, everything else is either illegal or to do will require you turn all your profits into lawyers and/or fines.
This is very interesting coming from a former law professor. I know some lawyers who are some of the most brilliant people that I have met, so I do understand what he is saying. However, this seems a little extreme.
I am a lawyer and helping my clients to win their case is such a reward and I think it made me useful and productive.
there may be a lot of bright minds going into law, but i think there are lots of smart people in every enterprise. Thats why society continues to grow in many different areas.