Dave did some more whining about Lawyers yesterday. So what happened to the Dave of two months ago?
At the risk of stating the obvious: something new happened. Most likely, Dave ran up against an unfavorable term of his mediation settlement and now wants to bitch. But let’s take a look anyhow.
A few weeks ago I found myself in a room with a half-dozen lawyers, I was the only non-lawyer present, and guess who was paying for all those lawyers’ time?
Now… his mediation was more than “a few weeks” ago, so either he’s being sloppy, or Dave has managed to get himself in trouble again. It would be interesting to know which. Also worth noting: odds are that at least one of those lawyers was supposed to be representing him. If not, he showed up to a gun fight with a kitchen knife. Big surprise he didn’t like what he got.
You don’t dare criticize them for fear they’ll send you a subpoena and tie you up in court for the rest of your life and take everything you have.
Enter: self-contradictory statement.
When I talked with another lawyer about it, in a social context, she suggested I shouldn’t seek revenge. That’s how lawyers think. I wasn’t seeking revenge (although inside I do admit I enjoy the fantasy of decapitating an imaginary lawyer). What I want to do is fix the system.
You might notice that Dave never really tells us what’s wrong with the system or how to fix it. Anything tech related and he’d have covered both of those things straight away. Instead he decided to just hurl insults. But nooo… he doesn’t want revenge.
I say that in a deliberately challenging way, because I’m sure there are some lawyers who care about the lousy way their profession deals with the rest of us.
Frankly, I think our profession does a fine job of policing its own behavior. So does congress (otherwise they’d have started doing it long ago). I doubt that Dave has made any complaints to the Bar association for this alleged unethical conduct. If someone broke into your house and stole your belongings, would you call the police, or would you go on the internet and berate society for allowing it to happen to you?
We need to reform the legal system in the US. But no reform will take place until it’s possible to take a lawyer up on ethics charges without having to be represented by a lawyer.
Amazingly, this is already possible. File a complaint with the Bar. Go to the local law library and study up to represent yourself in court. I’m really not sure what more he wants than that.
If a lawyer sues you, sometimes just saying This Lawyer is Suing Me is enough to get them to think again.
Only in Dave’s world does a law suit cast a greater shadow on the person suing than the person being sued.
It all goes back to Dave’s Grand Unifying Theory: that he can do no wrong. Look at all of his posts through that filter, and they start to make sense. Frankly, I think Dave ought to put up or shut up. Speaking in vague terms about supposed “problems” with the legal system is pointless. It’s the lazy way out. How about defining what those problems might be?
If Dave thinks his method is so good, maybe he should try going into a doctor and saying: “There is something wrong, and I think you ought to fix it.” Then, when the doctor probes for more details, be evasive and insulting. See how long it takes him to diagnose the problem.
I think when Dave sits down to discuss issues with lawyers it’s similar to his workings with any group:
So, Dave could have a good relationship with a lawyer that operates as an effective tool for his wishes. It they are not “tools” for his needs then they are vile “self-serving” miscreants.
I’m just speaking as a typical vile, self-serving miscreant who is NOT a lawyer… just a fascinated observer of mankind.
Being able to tolerate views in opposition to your own is a great talent for working effectively with others. Being able to compromise, give up some control to find a greater good is also an attribute worth developing if you want to increase your effectiveness at the cost of your control over others.
The person raised without any control over their life is often the person most likely to behave as if their needs must be met, IMHO.
“Frankly, I think our profession does a fine job of policing its own behavior. “
Excuse me, but did you just admit that you’re a lawyer??????
[Note: This comment came from an IP Address inside of Dave Winer's IP Block -EoW]
ISTR that that dave is under a gag order from the settlement of the legal dispute over profit sharing from the $2.5 million weblogs.com sale. The plaintiff’s lawyers were smart to seek a gag order, since it is obvious he’d whine endlessly unless restrained. So he is attacking at a more oblique angle.
Maybe Winer just got the bill from the lawsuit, which appears to have been dismissed with prejudice July 19, backing up his claim that it was settled in mediation.
Instead of kvetching about lawyers, he should be happy the aggressive and experienced IP attorney he pissed off didn’t take him to the cleaners.