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LexThinking: Do we have to play by the rules ....

I have been positng recently about how to proactively have an impact on the legal system. Setting a good example is great, but it is not near enough.  We need to change the rules of the game.  The question is how.  I am a trial attorney. I work hard to change the system, and develop strategies to achieve client goals.  But I do so with eyes wide open.

A good lawyer can never bury their head in the sand concerning unprofessional tactics by opponents. It does no good, especially for the client, to pretend the litigation game is something different than it is. The rules of the legal game are certainly not what our forefathers designed or intended. They have evolved and through many influences simply become what lawyers, clients and judge's now see around us every day.

I have often been challenged by the question of whether to 'fight fire with fire' or to 'stay above the frey.' We have all been baited into fights we wish we never waged, and into approaches which probably did not serve our clients in the end. In this audio blog, I talk about why it is critical to avoid being baited or using the same means used by your opponent rationalized by 'what's good for the goose.'


I agree that the legal profession lacks a high code of professionalism and ethics. So I am proposing that we lawyers start filing malpracte suits against each other immediately. This would be a great way to clean up our industry and instill a higher code of conduct. It's estimated that 1% to 2% of U.S. GDP goes to lawyers annually. In a 10 trillion dollar economy that amounts to about 1 - 2 billion dollars. Those are some deep pockets to sue. We know that we've done our job when all lawyers will need $1,000,000 of malpractice insurance just to walk into the courthouse.

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