There comes a time, in everyone’s life, when they first encounter our legal system. Usually happens right around the time when they are buying their first house, dealing with small claims situations, work related matters or maybe even family issues. Most folks approach their ‘day in court’ with the expectation that ‘justice is blind’, fairness and balance will always play out, lawyers and judges know what they are doing and all grievances can, and will, be worked out and the scales of justice will always balance. After having spent a lifetime dealing with our system; albeit on the employment law side, I am always saddened to tell folks new to the system that our trial courts conduct hardly any trials, our correctional systems do not correct, and the rise of mandated arbitration has ushered in a shadowy system of privatized “justice.” The legal system has become an incomprehensible farce. The expectation of justice when someone is first confronted with the system has been gleefully exploited by the lawyers. Yes, I know that there is something oddly comforting about talking to a legal guy once the billable hours clock has started running; you have passed the magical point at which a lawyer becomes your lawyer. Your lawyer is warm, your lawyer is sympathetic, your lawyer makes notes on a yellow pad and nods in all the right places. I’ve seen many an individual who have suffered through these exploitations only to express dismay after receiving their first bill; sadly realizing that their ‘case’ is not even close to being concluded. No, my friends, our system promotes and rarely concludes issues.
If I sound jaded, I confess, I am. 25 years in Employment Law can do that to you.
I leave you with these parting thoughts:
Who knew that most new judges are required to attend less training than manicurists, who need 400 hours of experience before they can take their final licensing exams in California?
As Charles Dickens wrote: “The one great principle of the English law is to make business for itself. There is no other principle distinctly, certainly, and consistently maintained through all its narrow turnings.”