Source of article 2's Company - Magnus Insights.
All of us who work with, for, or who are, lawyers, have heard it over and over, “there are too many lawyers/lawsuits” or “lawsuits are frivolous.” Sometimes this includes a reference to McDonald’s and coffee, but it is a comment that we at Magnus hear often in some form. I heard it recently when asked what I do for work – “I’m a trial consultant, all my clients are lawyers…” The person’s comments were along the above noted lines. That day I paused and then I explained that, in 25+ years consulting on cases, I can think of very few that were frivolous, if any. I know the cases for which trial consultants are hired are a subset of all that are litigated, but regardless, we see few cases in which someone is not really hurt, or in which money was not lost in a transaction, or some serious event/accident did not occur. Liability may sometimes be tenuous, but that is one reason we are being hired. One important factor is that, by the time a lawyer hires a trial consultant, a significant amount of money has been “spent” or “invested” in the case. It if were frivolous, that would likely not be the case – though some insurance adjusters might differ (and some have, until the mock jury verdicts were in on the case). My perspective is that lawyers and litigation are a form of “check and balance.” In the USA, we have several systems of check and balance whether in government or in the public world. Lawsuits are one of those and I tried to explain this to the uninformed person who made the recent comment. As for the number of lawyers, well, there were 40,000 or so members of the Florida Bar when I first started in the business; now there are 104,000 and growing fast. For some people, this is too many and there are indicators that the numbers impact the business of law. But in the context first described, those law industry specific issues are not being raised. I’m not going to judge whether there are too many lawyers; to me, that just gives me more clients and prospective clients. These things are all a matter of perspective.