Well, first of all, it isn’t based on hearsay. I’m not advancing testimony based on the statements of another person, and even in the looser layman’s meaning I’m not passing on information received by word of mouth. Don’t go using terms you don’t understand.[/quote]
Hearsay can also mean “rumour”, which fits how he used the word perfectly. Don’t go correcting people’s usage of terms you don’t understand.
But consider this: I probably deal with a lot more lawyers than you do on a daily basis. Which of us is in a better position to judge the overall norms prevalent in the profession?
Give me a break. You share their norms, so it wouldn’t be surprising if your critical analysis isn’t as critical as it should be.
The presumption should be that the legal world is no better or worse than other lines of work, and that presumption should hold until evidence to the contrary is produced.
That’s the position taken in the court, and rightfully so. But there is no particular reason that such a presumption should hold sway outside court. It depends on what your focus is: do you focus on avoiding error, or do you focus on achieving truth. The court system attempts to avoid convicting innocent people, so its emphasis is on avoiding error. It’s less clear what our priorities in the real world should be. (real world here isn’t meant as a slur aginst the judicial world) Personally, I think Andrew is right in taking a position more in favor of “achieving truth” in the real world.
A lot of the poor perception of the legal profession stems from people taking a short-term view of what lawyers do. The guy who springs a clearly guilty defendant based on an illegal search is seen as a sleazebag because, well, his client is guilty and the world at large sees the illegal search as a “technicality.” But taking the longer view, that guy is asserting constitutional rights that protect all of us, rights which necessarily must apply to all defendants. The guy isn’t a sleaze, he’s a good lawyer doing an ethical job of defending his client.
I disagree with this analysis strongly. The poor perception of the legal profession stems from two things: 1) People hate it when someone runs rhetorical circles around them, as lawyers are wont to do. This objection is rather childish: learn some rhetoric & logic yourself. 2) Lawyers are perceived as making the “weaker argument appear the stronger”… which is exactly the accusation levelled against the sophists in ancient Greece, and Socrates spent quite a bit of time successfully (in my opinion) attacking the Sophists. Objection #2 seems much more substantial to me.
Another way of putting #2 is the idea that lawyers focus on the letter, rather than the spirit, of the law. Let’s face it… there’s an inevitable divergence between the two. And make no mistake… it is inevitable. Even if we had an enlightened despot decreeing perfect laws, their letter could always be warped from its original intended purpose. Lawyers get paid to pay attention to the letter… that’s what they’re supposed to do. Rather then necessarily being an indictment of the legal profession, I think it’s more an indictment of the Western system of law. Hmm… indictment isn’t the word I want. I think “weakness” is better. You see, for all the weakness of the Western system, I’m not so sure the other forms of law are better. Thus, “weakness” is prolly a better term than “indictment”.
In any case, when a good lawyer gets his client off on a technicality, he’s isn’t doing an ethical job… he’s just doing a job. And, because most of us intuitively think obeying the letter of the law, while ignoring its spirit, is unethical, devious, and underhanded, most of us would think the lawyer is being a sleazeball. And in a sense, most of us would be right. But then again, such an assessment fails to realize that it’s an inherent weakness of the system. Furthermore, I don’t think most people can deliver a coherent system that avoids this weakness.