PDaddy wrote:tepper wrote:0Ls, do you guys actually have any clue about why you wanna attend law school? I bet most of you don't know a thing about law school or the industry in general.
I agree, but my agreement must be qualified. People have the right to pursue things they know little about, and we have no right to assume that little exposure means failure or unhappiness. Nevertheless, if most of these people knew about the field they would not want to be lawyers. Many people just want the power that comes with saying, "I'm a lawyer" - whatever that may be. I will give most TLSers the benefit of the doubt on that one.
Here's some truth: The law doesn't work the way you think it does.
In the end, truth has little or nothing to do with case outcomes, contract negotiations, etc. The law is about pragmatism...what is the shortest, easiest route to a resolution, regardless of what is "just" or equitable. This means that the side telling the truth often loses because the other side tells a better story. The law is not about truth, it is about which side tells the better story. On rare occasion, the best story also happens to be the truth, and this is when justice occurs.
Contract negotiations are about each side leaving with as much of its own shirt as possible, as opposed to doing what's best for all sides. Increasingly, case-management concerns - the reduction or minimization of court docket loads - dictate the decisions judges make during motion practice, motions in limine, interlocutory decisions, at summary judgment, and when deciding motions for reconsideration.
Judges are prejudiced, i.e. they will, first and foremost, make decisions that are mostly based on their personal preferences and politics as opposed to what is in society's best interest. The latter is usually a consideration only to the degree that the former allows.
Judges lie! Most of them abuse their discretion, and it is their prejudices and preferences that cause them to do so. This means that they often tailor their decisions, most of which are written by their clerks, towards reducing the likelihood of successful appeals.
The bench is a fraternity in which judges regard each other as brothers, and I DO mean "brothers". This is why few appeals courts will actually call judges to task for abuse of discretion even though most judges abuse their discretion. Sexism is rampant in the legal field, but I digress.
Some judges are corrupt! Yes, those myths about judges being corrupted by drug kingpins, robber barons, corrupt politicians and wealthy civic and business leaders are, unfortunately, true! Judges DO play golf. Judges own property and run businesses. Judges vote! Judges invest in stocks, etc. Judges have "interests" that can be affected by decisions made in the courts...and they are human beings. They will act in their self-interest when push comes to shove. They will ignore conflicts of interest - if they can get away with it.
Lawyers lie! They do so because they know the courts do not have time to police lawyer misconduct, contempt, fraud upon the court, spoliation of evidence, perjury, witness-tampering, etc. This is a frequent occurrence, and it happens in almost every case. Lawyers LIE! They lie in declarations, they lie when arguing motions, and they lie in court. It isn't just a few of them, it's MOST of them. When you meet a good lawyer who didn't sleep through ethics you will think he/she is crazy or you are.
Witnesses lie, and witness-tampering (bribery and coercion) is more common than you might think. Witnesses lie, recant, change their stories, or try their best to disappear - even when they have claimed they are ready to testify in the name of truth and justice. Don't expect reliable witnesses to jump into your lap, because they won't. They will lie in depositions, and they will lie in court.
Plaintiffs who have been wronged will become outcasts, and if they are your clients, you must counsel them to expect it.
Even the most altruistic lawyers, the ones who joined the profession to fight the good fight (this includes many of you!) soon change their values and succumb to the practical concerns of the profession. They decide to take a case based strictly on risk levels and damages. Aggrieved plaintiffs and defendants with sketchy backgrounds do not get justice, even though they are entitled to it. You will reject as a client the wrongfully terminated Hispanic man with the 8-year-old shoplifting conviction because the jury may not trust him. You will not represent a housing discrimination victim because housing discrimination cases typically have low damages, and that doesn't amount to a huge payday for you.
You biglaw buffs aren't immune to any of this either. Very early in your careers, you'll be propositioned and sexually harassed by your bosses if you look good. Sadly, most of the women, and some of the men will acquiesce to the demands. Partners will coerce you to lie to other partners, pit you against other partners. They will "ask" you to set up first-year associates they don't like, and remind you very politely that your career depends on your cooperation. They will pawn off on you all of their grunt-work so that they can enjoy more time at the Harvard Club, and then tell you to lie about it.
The firm will only care how much money and how many clients you bring in. They want billables and high-rollers from you, and nothing else. When and if you go to court, you had better win, otherwise that's a lost client...and your ass (i.e. your job). When you negotiate a contract, you had better sneak in language that advantages your firm and client, otherwise that's a lost client...and your ass!
Your needs, your family, your children...they come last. If you do not act accordingly, that's your ass!
If you discover a judge acting corruptly, one who has been friendly to your firm, you had better ignore it - client be damned - or that's your ass!
Drug and alcohol abuse is rampant, as are the patronage of prostitutes and gambling halls. Lawyers are a miserable lot. You will meet very few lawyers who actually love or even remotely like what they do, because they know all of the above information.
I could wax on forever about the underbelly of the law, but my general point here is that nothing can prepare you for what you will experience once you are out. The justice system is about anything BUT justice. It's about a lot of other things...money...power...convenience...public images...egos...politics...pragmatism...hand-washing...back-scratching...bribery...coercion...dishonesty and other things, but it is NOT about justice!
You are going to rack up several tens of thousands of dollars in debt to enter that profession. Sure you want to do this? I know what my answer is/was, but I also know that most of you will regret your decisions to enter law.
Still, I respect your right to decide what you think is best for you.[/s] I have an inverted penis