Time Heals All Wounds.. And Then Kills the Patient
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Wed Jul 5 12:35:18 2006
6 Ideas for Partial Compliance Improvement

Six ideas that might make our economy/political system operate more smoothly without overthrowing it (and all the plusses and minuses that would entail)..


Wed Jul 5 14:17:54 2006

Hmm, not sure if you're referring to Barristry in the technical sense above, or if you're just using it as a synonym for lawyer. We don't really call attorney's "barristers" here in the States, although I'm not sure if it would be a misnomer to do so (it probably would be).

A barrister, technically, is a lawyer in a common-law jurisdiction. Of course, we need to understand that in these jurisdictions, there are also soliciters, another sort of lawyer. A soliciter represents the clients, and a barrister is retained by the solicter to do the actual litigation in court.

The U.S. isn't a common law system (although we do have some traces of common law tradition). Whereas a common law system emphasises precedential judge-made law as the law of the land, U.S. judges are guided largely by statutes (and of course the Constitution). The statutes, of course, are created and agreed to by congress, and passed by the president, so it's all part of the balance of powers. Lawyers (some of which are government lawyers -- think of the criminal system where there is the DA's office and the public defender -- all govt. lawyers advocating different sides), do both client counseling AND representat clients in court (upon passing a bar exam exclusive to whichever state they're practicing in).

If you're advocating for making client counseling AND litigation under the govt.'s umbrella, then I'd say it's a bad idea to take it further than we have (again, the criminal system). We'd end up overly politicising the profession of lawyering. Beyond which, we'd end up with a lower quality of lawyer (if we're to assume that the cap on income would deter otherwise interested intellectuals from joining the bar, although i could entertain the argument that we'd also end up with a lesser total of mediocre lawyers).

But, I'm not sure what you mean to begin with, so I'll stop here. You might be talking about another country.