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- <text id=91TT1891>
- <title>
- Aug. 26, 1991: Do We Have Too Many Lawyers?
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- Aug. 26, 1991 Science Under Siege
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 54
- Do We Have Too Many Lawyers?
- </hdr><body>
- <p>In a bid to boost his ratings, Vice President Quayle swipes at
- the bar. A transparent ploy--but his case has merit.
- </p>
- <p>Reported by Julie Johnson/Washington and Ratu Kamlani/New York
- </p>
- <p> As a political gambit, the method is tried and true. If
- you are an unpopular Vice President, refurbish your image by
- deriding an occupational group with an even lower approval
- rating than your own. Spiro Agnew popularized the ploy back in
- 1969 with his bitter denunciations of the news media. Following
- the same playbook, Vice President Dan Quayle--a lawyer--wangled an invitation to the American Bar Association convention
- in Atlanta and last week used the forum to mount a blistering
- attack on the legal profession.
- </p>
- <p> "Our system of civil justice is, at times, a
- self-inflicted competitive disadvantage," Quayle declared at the
- outset. What followed was a somewhat pedestrian recital of
- recommendations for reforming the legal system from the
- President's Council on Competitiveness, which the Vice President
- chairs. Many of these ideas represent pro-business leftovers
- from the Reagan AdBut Quayle's speech is likely to be remembered
- for the string of rhetorical questions he asked in conclusion:
- "Does America really need 70% of the world's lawyers? Is it
- healthy for our economy to have 18 million new lawsuits coursing
- through the system annually? Is it right that people with
- disputes come up against staggering expense and delay?"
- </p>
- <p> Those were fighting words to outgoing A.B.A. president
- John J. Curtin Jr. Departing from protocol, Curtin stepped to
- the microphone to offer an impromptu rebuttal. "Anyone who
- believes a better day dawns when lawyers are eliminated bears
- the burden of explaining who will take their place," Curtin
- declared to cheers from the audience. "Who will protect the
- poor, the injured, the victims of negligence, the victims of
- racial discrimination and the victims of racial violence?" Not
- mentioned, of course, were the corporations that provide some
- A.B.A. members with the bulk of their income. Quayle was allowed
- the final word. "Nobody is talking about eliminating lawyers,"
- he said, backtracking a bit. "So let's not be extreme about
- this."
- </p>
- <p> That is precisely the problem--almost everyone is an
- extremist of one stripe or another when it comes to debating the
- legal system. Lawyers are advocates, and for some, no cause is
- more likely to arouse passion than the defense of a profession
- that, after exacting a grueling apprenticeship, provides their
- livelihood. The political system is apt to provide only limited
- succor; nearly half the members of Congress are lawyers. That
- is certainly one reason why nonlawyers feel compelled to resort
- to the weapon available to oppressed people everywhere--sarcastic humor. (Q. Why does New Jersey have so much industrial
- waste and Washington, D.C., so many lawyers? A. New Jersey had
- first choice.)
- </p>
- <p> Quayle is far from the first politician to mine this
- populist bedrock of antilawyer sentiment. Jimmy Carter attacked
- the legal profession for providing unequal standards of justice
- for the rich and the poor. Quayle's emphasis was not justice but
- competitiveness. By framing the debate in these terms, he raised
- a series of provocative questions about the legal profession's
- role in national economic life.
- </p>
- <p> How Many Lawyers Are Too Many? By A.B.A. reckoning, there
- are now almost 800,000 licensed lawyers in the U.S., 1 for
- every 300 Americans. Even amid the well-publicized contraction
- of blue-chip firms, the fruits of the law remain abundant--across the U.S., partners earn an average of $168,000 annually,
- with incomes up to $1 million not unusual in places like
- Manhattan. Small wonder 94,000 college graduates applied for
- admission to law school this year.
- </p>
- <p> The glut of lawyers, as Quayle pointed out, is a
- peculiarly American phenomenon. The standard defense is offered
- by Vanderbilt Law School professor Harold Levinson, who says,
- "We ask more of our legal system, perhaps more than any other
- country in the world." True, the courts have a broad mandate in
- everything from the environment to civil rights, but blaming the
- legal system for the nation's disproportionate number of lawyers
- is a somewhat circular argument.
- </p>
- <p> Is There Too Much Litigation? This claim is at the heart
- of Quayle's argument: the Council on Competitiveness contends
- that lawsuits filed in federal court have nearly tripled in 30
- years. Quayle also trumpeted a 1989 Forbes magazine estimate
- that the annual cost to the nation of all litigation and related
- insurance is more than $80 billion. As Walter Olson, the author
- of The Litigation Explosion, argues, "A litigator can come
- around, dump a pile of papers on your front lawn and you can go
- literally broke trying to respond to it."
- </p>
- <p> No one can deny the growing American penchant for
- ludicrous lawsuits, but the issue that arouses Quayle is far
- narrower: product liability suits against major corporations,
- on whose not-so-hidden behalf Quayle was speaking. David
- Leebron, a professor at Columbia Law School, acknowledges that
- the number of cases has soared in a few areas, such as damages
- from asbestos. "These are primarily what make it look like
- litigation has exploded," he contends. The significance of the
- class-action lawsuits, he contends, is that they have "increased
- the numbers and kinds of plaintiffs who can bring their claims
- to court."
- </p>
- <p> In the current lax regulatory climate, which the Bush
- Administration fosters, lawsuits often represent the only way
- to enforce corporate accountability. As consumer lawyer Linda
- Lipsen says, "You can't stand Corporate America before a
- blackboard and have them write 100 times: `I will not put issues
- of greed over issues of public safety.'" The cozy pattern of
- self-regulation among some professional groups, like doctors,
- only compounds the litigation problem. Legal critic Charles
- Peters, the editor of the Washington Monthly, argues that this
- means "there is no effective discipline for misconduct by a
- physician other than the malpractice suit."
- </p>
- <p> Did Quayle Offer the Right Remedies? Some of the Vice
- President's proposals, such as a societal emphasis on mediation
- over litigation, can be embraced by everyone other than the most
- self-protective attorney. Others are intriguing, such as his
- advocacy of the English system, in which the loser in a civil
- suit is required to pay the victor's legal bills.
- </p>
- <p> But no legal issue raised by the Vice President is more
- controversial than his attack on punitive damages in civil
- cases, which he claims "have grown dramatically in frequency and
- size." Many legal experts deny that such a problem exists. There
- are, to be sure, random horror stories of seemingly senseless
- multimillion-dollar jury verdicts, but scant evidence exists
- that such anecdotes add up to a statistically valid pattern. A
- 1990 study by the American Bar Foundation concluded that "juries
- do not award punitive damages in a large percentage of money
- damage cases." But Quayle insists that judges, not juries,
- should have the sole power to assess monetary damages. This is
- an odd stance for a populist, since juries represent the one
- role for the average citizen in the closed world of the legal
- system. If reform is needed, far more worthy is an issue Quayle
- neglected: the way plaintiffs can win a major case, as in much
- of the asbestos litigation, and then watch as their compensation
- is devoured by lawyers and expert witnesses.
- </p>
- <p> In politics, it is dangerous to judge the quality of the
- message by the identity of the messenger. For many Americans,
- Dan Quayle remains the most problematic figure in the Bush
- Administration--the target of TV comics rather than the source
- of substantial policy proposals. None of this should detract
- from the public service Quayle performed at the A.B.A.
- convention. Maybe it is true that God loved lawyers because he
- made so many of them, but that does not mean that the rest of
- us--from the Vice President on down--need to be happy with
- the result.
- </p>
-
- </body></article>
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