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A MODEL LEGAL SYSTEM



Ok, Ok, you are right.  I have been on a serious rant against our legal system for the last year and a half.  Over sixty (60) articles worth (See Table of Contents below).  What would a model legal system look like?  Here, simply put, are the components of a legal system that we should have and easily could have.

    The six (6) components of a model legal system are:

1.  The law should be simply stated on all subjects, predictable and easily available to anyone including ordinary citizens; not just convenient to lawyers.

2.  There should be dispute-resolution forums available to the public that are free of bureaucracy and legal trappings.

3.  If a dispute cannot be resolved in public dispute-resolution forums then case disposition should be through efficient, objective hearings marked by  common sense and evidentiary rules that allows the truth to emerge through predictable, routine application of the law to the facts.

4.  A judiciary that is competent, fair, free of bias,  regularly publicly evaluated by citizens and lawyers through the Internet in systems already available in every local area throughout the United States including Oregon (See www.therobingroom).  

5.  Lawyers and paralegals who are motivated by justice and fairness rather than greed, power (never underestimate the motivation for power) and expensive advocacy.  The movie Michael Clayton would be required viewing for all lawyers who aspire to work downtown.  

6.  Bar Associations dedicated to serve the general public rather than the legal-power elite.

    That's it.  That is all it would take to revolutionize our legal system and return it to it's original objectives of serving the general public and not just serving the merchant class.  (See Morton J. Horwitz, The Transformation of American Law)

    Each of these components will be fleshed out in the immediate articles to follow.  (For teasers on these subjects through my antecedent rants, please note the Table of Contents below.) I welcome any input, particularly if you think I have overlooked something.  Thank you for your consideration.  Together we can do it.  

Posted on Wednesday, October 1, 2008 at 10:22AM by Registered CommenterLAUREN PAULSON in | CommentsPost a Comment

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