Sotomayor's Stupid And Disgusting Call For Slave Lawyers
Beyond how completely anti-liberty it is to require people to provide pro bono services, think about the sort of service people forced into it might provide.
I, on the other hand, got pro bono legal work from a crazy, civil liberties-crazed Sicilian-American mofo. Marc Randazza worked tirelessly on my case, along with a bunch of his associates, whom he had to pay, along with his overhead, while not earning money himself for his work.
This is the kind of legal work you want -- whether pro bono or for pay. And P.S. Pro bono isn't free -- Randazza paid for the work for me by working for his more well-heeled paying clients.
Not understanding what it takes for somebody to do great, good, or even just adequate pro bono work betrays a lack of understanding of people and their motivation. It is thinking that is beyond unbecoming in a Supreme Court justice, but hey, meet Sonia Sotomayor.
Ilya Somin writes at Volokh about Justice Sotomayor's misguided advocacy of "forced labor" for lawyers -- in order to expand legal services for the poor:
U.S. Supreme Court Justice Sonia Sotomayor said Monday that all lawyers should be required to provide pro bono legal services."I believe in forced labor" when it comes to improving access to justice for the poor, she said during an appearance at the American Law Institute's annual meeting in Washington. "If I had my way, I would make pro bono service a requirement."
Sotomayor made the comment in response to a question from institute director Richard Revesz about the dearth of legal services for low-income individuals.
Imposing forced labor on lawyers (or anyone) is a violation of the Thirteenth Amendment, which forbids "involuntary servitude" as well as slavery.
I think this is right on:
Fortunately, there are other ways we can increase the availability of legal services to the poor. As economist Clifford Winston has demonstrated in a series of articles for the liberal Brookings Institution, we can greatly reduce the cost of legal services (including for the poor) by deregulating the legal profession. As he demonstrates, we don't need to limit the right to provide legal services only to people who have spent three (very expensive) years in law school, and passed a hypercomplex bar exam that requires takers to memorize thousands of tidbits of information, most of which have little relevance to actual law practice. This is especially true of relatively simple services needed for many everyday legal transactions and cases.








think about the sort of service people forced into it might provide.
Related to this, although in a different profession, is this quote from a character in Ayn Rand's Atlas Shrugged, speaking about socialized medicine:
"I have often wondered at the smugness with which people assert their right to enslave me, to control my work, to force my will, to violate my conscience, to stifle my mind--yet what is it they expect to depend on, when they lie on the operating table under their hands?. . . Let them discover, in their operating rooms and hospital wards, that it is not safe to put their lives in the hands of a man whose life they have throttled. It is not safe, if he is the sort of man who resents it--and still less safe, if he is the sort who doesn't."
Rex Little at May 20, 2016 11:39 PM
That's not fair, unless every person who works also must contribute pro bono work. Doctors, lawyers, chefs, home health aids (although they make so little money that the first lost paycheck might make them homeless.
Samm at May 21, 2016 12:41 AM
While I don't agree with compulsory pro bono work, there are ways to encourage volunteerism.
For instance, my husband had been fighting to keep his vision for the past 2 1/2 years. Last weekend, the retina in his "good eye" began to tear. He has since had 10 areas repaired by laser surgery. As it scars over the next couple of weeks, he is likely to become visually impaired. Right now he cannot pick up anything over 10 lbs, nor can he drive.
The lawyers association has stepped up to help him. They have appointed someone to sit second chair at all of his trials. While some attorney's will get paid extra for their service others get points which move them to the top of the appointment list.
Young lawyers tell us that they are excited about the opportunity because my husband is very prepared and intelligent so it is a learning opportunity.
Likewise pro bono work can be an important opportunity to develop. For better or for worse, pro bono work is often above the lawyers experience level. This means that the lawyer may have to rise up to the challenge. Some lawyers will be able to do so while others will not. If pro bono work is rewarded with points that help attorneys get court appointments as well as experience it would be a smart thing to do and would remain voluntary.
Lawyers wife at May 21, 2016 3:56 AM
Encouraging volunteerism is great, and I read often about research that finds that helping is beneficial to the helper, too. I wrote about this in "Good Manners for Nice People Who Sometimes Say F*ck."
However, encouraging volunteerism rather than mandating it is the way to go.
Amy Alkon at May 21, 2016 6:42 AM
Hmm, I thought we were not allowed to question the words of a "wise Latina"!?
P.S. Lawyer's wife - best of luck to your husband; retina problems are a real challenge.
charles at May 21, 2016 7:23 AM
Hmmm...never go against a Sicilian when the first amendment is on the line?
Apparently the wise Latina has never heard of the 13th amendment.
Or is that just a suggestion?
I R A Darth Aggie at May 21, 2016 7:51 AM
Doctors, chefs, home health [aides] are not officers of the court with all the attendant privileges. Sometimes those privileges entail obligations.
Sotomayor seems to be thinking attorneys should be required to provide free criminal and civil legal services for the poor. The wise(?) Latina's opinion reflects the limits of her experience. She is experienced in criminal law, having been a prosecutor and a judge. Much legal work is done that never sees the inside of a courtroom.
Lawyers specialize. While I'm sure the poor would appreciate pro bono contract, patent, or tax law work, is there enough of that work that those specialized attorneys can meet their obligations without having to delve into areas in which their inexperience and lack of specialized knowledge could have serious negative effects for their pro bono clients? Or are only certain types of lawyers to be obligated to donate their time and expertise?
Conan the Grammarian at May 21, 2016 8:14 AM
People that want/advocate "free" stuff never think about the fact that somebody else decides who gets/supplies it, what/how they get it, and that it might be them being told what they will/can get or have to provide.
It's all good in their imaginary world.
Bob in Texas at May 21, 2016 8:38 AM
Oh, and just what is stopping HER from volunteering HER time to help others?
Leftists who cry for "society" to do more for others so rarely volunteer themselves or their money.
charles at May 21, 2016 8:54 AM
"Ayn Rand's Atlas Shrugged, speaking about socialized medicine"
You must be referring to Ayn Rand O'Connor.
At least that's the name she used to get government handouts.
Gog_Magog_Carpet_Reclaimers at May 21, 2016 9:41 AM
Conan:
You must remember, she's a "wise Latina woman." You certainly don't want to confuse them with the "wise Latina men." (Though in this day and age, with the newfound pronoun fluidity, it wouldn't surprise me if such things existed.)
I suppose new lawyers could be required to do an internship, of sorts, pro-bono. Other professions require it, including mine.
However, that would consign the poor to inexperienced help. And as one who once had to remind a public defender of something that should have been obvious, as well as the horror stories I've collected from others dealing with public defenders, I know that new lawyers can be a pretty clueless bunch.
I think deregulating the legal profession sounds like the best solution. It will still shut out the most indigent from legal services, however, unless it involves the ambulance chasers who agree to collect only if they win.
Yes, it would be nice if all lawyers could agree to do a small amount of pro-bono work for the indigent. But I don't believe we should force lawyers to do this. As you point out, forcing a resentful professional to forego the fee to which he is entitled is a virtual guarantee of shit-quality work.
Patrick at May 21, 2016 10:22 AM
I believe the 35% of my paycheck that goes to various taxes counts as "involuntary servitude"...the problem is that when you think the money the gov spends is free, you can think up an infinite number of things to spend it on, and with little regard for efficiency.
Craig Loehle at May 21, 2016 11:44 AM
we can greatly reduce the cost of legal services (including for the poor) by deregulating the legal profession.
A good idea . . . which will happen around the time that Abu Bakr al-Baghdadi and Kim Jong-un join the cast of Kinky Boots,
JD at May 21, 2016 12:39 PM
To: Gog_Magog_Carpet_Reclaimers
May 21, 2016 9:41 AM
It is refreshing that you have come around to the conservative position. Namely, that social security and medicare are government handouts. Those are the handouts that Ayn Rand collected from the government.
Most progressives stubbornly proclaim that these are universal social programs. But, when a conservative receives benefits, he is a hypocrite. This, despite being forced to pay taxes to the program against his will.
Your snide argument is a variation on the "roads and protection" excuse. "We supply roads, police protoection, water, and garbage collection, among other things. Without those, you peasants would not be able to live. So, hand over your stuff for the greater good, administered by me."
The must-read essay "Your Dog Owns Your House" by economist Anthony de Jasay discusses this in detail.
( easyopinions.blogspot.com/2010/12/your-dog-owns-your-house.html )
Your dog may have scared away burglars and vandals, and may have warned you about a fire which would have destroyed your house. By leftist thinking, your dog then owns your house, or a good chunk of it.
Not in a free society. Government agencies protect us, but we don't therefore owe the government everything. A free man can arrange a better deal than that. Of course, a slave has no option.
Andrew M Garland at May 21, 2016 2:48 PM
JD: which will happen around the time that Abu Bakr al-Baghdadi and Kim Jong-un join the cast of Kinky Boots,
Hmmmm...I'd pay to see that. We should send them audition notices.
Patrick at May 21, 2016 2:49 PM
"It is refreshing that you have come around to the conservative position. Namely, that social security and medicare are government handouts. Those are the handouts that Ayn Rand collected from the government."
And I truly appreciate your going public with your gender transition.
You're a very brave girl! Almost. But soon!
Gog_Magog_Carpet_Reclaimers at May 21, 2016 2:51 PM
"That's not fair, unless every person who works also must contribute pro bono work."
What do you think the goal of a leftist is? You've just denoted socialism.
Radwaste at May 21, 2016 7:25 PM
Here's what Rand herself had to say on the subject:
Conan the Grammarian at May 22, 2016 8:35 AM
Leave a comment