Replies

The best lawyers I know understand that practically speaking ( that is to say in human terms), both sides lose when there is no alternative but to try a case. I must concede that mediation, other types of alternative dispute resolution, and collaborative law are relatively new concepts which most lawyers haven't mastered (by training or choice - and partly due to the lack of financial incentive), but they are gaining more acceptance, and are now often required by courts, and are frequently successfully. In that case the litigants get to decide the outcome, not some rogue judge or runaway jury.

Though your point is well taken. My point is that it is that it is easy to blame wreckless physicians (and there are a few) or unethical/opportunistic lawyers (who view every poor outcome or death as malpractice), when it is the malpractice carriers (who are doing everything they can to improve their profits) who also share much of the blame. I have a prior medical background and chose to practice law. I have many friends who are physicians and health care providers (some, whom were forced to go bare because of the expense of premiums, I have defended some of them pro bono). Attorneys and lawyers are not natural enemies (and your observation notwithstanding), both require the services of the other. BTW, I recently lectured at a judicial conference about the necessity that the legal profession adopt the maxim of "First Do No Harm" as a key principle in competent representation of clients and the necessity of proactive judges to mitigate the harm caused by abusive attorneys. The talk was actually well received.