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A Defense of the Indefensible

Yes, juries may occasionally award large sums of money to grievously injured, sympathetic plaintiffs. But what about the thousands of victims who sue and receive nothing? If anything, the U.S. needs to liberalize access to the courts for people with legitimate grievances. Access to justice is a fundamental part of any democracy. Inequities of access may be counteracted by the contingency fee system (by which a lawyer receives compensation only from a jury's reward--not from a losing plaintiff) and by the utilization of lawyers who do pro bono work (free legal service).

Pro bono responsibilities, in fact, are acknowledged as being important and are formally codified in the American Bar Association's Rules of Professional Conduct.

The practice of law is a demanding and honorable profession. It offers challenging opportunities in a wide range of substantive areas. It attracts a talented, diverse group of people. Each profession has its misfits, and the law is no exception. But the actions of some should not taint all.

Navigating the complexities of modern life often requires the expert guidance of lawyer. Admittedly, there is a need for some cost-sensitive alternatives to resolving disputes. We should, however, step back from the divisive rhetoric and examine the facts.

And finally, we need to stop misquoting Shakespeare. Yes, he did write "First thing we do, let's kill all the lawyers." But this exhortation, when read in context, reveals that Shakespeare actually wrote this as a defense of lawyers, whom he thought defended society against tyranny and widespread anarchy.

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Lorraine A. Lezama, a contributing writer for the Opinion page, plans to join the ranks of the despised profession. She's been reading a lot of de Tocqueville lately.

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