Archive for October, 2009

October 2 roundup

Judge Laurence Silberman interviewed

By Peter Robinson, at Uncommon Knowledge (site):

Lawyering is an essential component of democratic capitalism, but too much lawyering can be too much of a good thing. A disproportionate amount of our talent in the United States goes into law as opposed to business, which creates wealth. Lawyers redistribute the wealth, but they do not generally produce wealth.

Judge Silberman’s classic 1978 article, “Will Lawyering Strangle Democratic Capitalism?” — originally published at my old magazine Regulation, though before my time there — is available in PDF form from Cato here.

Related: “Scalia: ‘We Are Devoting Too Many of Our Best Minds to’ Lawyering” [WSJ Law Blog]

Judge-menacing Philly lawyer ignores disbarment

A “judge ordered the Office of Disciplinary Counsel to lock [Allen] Feingold out of his offices” after he went on practicing law notwithstanding his suspension and eventual disbarment, even going so far as to use another lawyer’s letterhead and electronic-filing code without his permission. That was aside from the question of whether he’d earlier attempted to choke, or only attempted to strike, a judge who’d ruled against him on an arbitration matter. [Above the Law, Legal Intelligencer, AmLaw Daily]

Defensive medicine and hospital admissions

Unnecessary testing and prescribing is often the first example that comes to mind in discussions of defensive medicine, but Stuart Turkewitz, M.D., explains why needless hospital admissions, especially of older adults and those with chronic medical problems, should also be seen as a prime example. Just to lend interest, Dr. Turkewitz, an internist and geriatrician, contributes the views as a guest blogger at the New York Personal Injury Law Blog, published by his lawyer brother Eric.