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Re: Judge Slashes Lawyer's Rate for Typos, Careless WritingFrom: DoctorJoe@aol.comSun Feb 29 12:50:17 2004
In a message dated 2/29/04 13:28:54, cchamber@gorge.net writes:
> Now that would be something, not that I'm holding my breath, if The law is more rule-oriented than medicine. Each state's bar is governed by the state Supreme Court. So the lawyers of that state are answerable to the top court ultimately (usually initially through a disciplinary board or council). So the goal is to get the board and ultimately the court to be active, firm and swift. No laissez faire stuff any more (or politics). That's the goal. Practice patterns, sort of, are already in place. The Rules of Conduct, promulgated by the ABA, are adopted, totally or in modified form, by each state's bar (read, each state's supreme court). Those are more uniform and firm than anything we have in medicine. The difference between law and medicine is, doctors are freer to have an "opinion" based on whatever... "I've been in practice for FOURTY YEARS, my boy. How dare you question my opinion. I'm an expert!" In law, you have to show precedential or statutory support for your "opinion," not just "I've been a lawyer for fourty years, son!" So lawyers are actually more consistent than doctors, and that's getting to be addressed in the "expert medical witness" questions - you can't be a medical expert anymore and base your opinion on "your opinion." You have to give the judge reasons and literature and all as basis for your opinion, or he can disqualify you as an expert. Which is a good thing in the fight against plaintiff (and defense) "whores" who prowl the courts to the chagrin of most of us. Joe P.
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