The cost of dental services continues to rise. Only a small percentage of our population has the advantage of a benefits plan to cover all or at least part of the cost. It is well accepted that good dental hygiene contributes to a person's overall health. Consider how the various dental associations react to this concern.
Our city was recently plastered with billboards encouraging us to use the services of our local dentist. We are told, "Dentists make us smile." There is little handwringing among our politicians and leaders to reduce the cost of dental services or to encourage the public to "be your own dentist." There are no clinics set up where the poor, indigent and those who are simply cheap can "clean their own teeth" under the guidance of a dentist or a "quasi dentist."
Now, consider legal services and the continuous outcry for access to justice. Admittedly the cost of legal services has increased significantly and few members of the public have legal insurance plans. Access to justice is a value well worth defending. So how has the legal profession responded?
Bowing to pressure from politicians and judges (and those who desperately wish to be either politicians or judges), we have encouraged people to be their own lawyer. Programs and clinics have been set up to assist the "self-rep" (those who choose to be their own lawyer).
Our courts are now flooded with these would-be Perry Masons!
The problems this has caused the judicial system are endless. Drawn-out proceedings; judges bending over backwards to assist and accommodate self-reps while forgetting the mandate of fairness extends to both sides even those who are wise enough to retain counsel; decisions based upon inadequate evidence; the rules of evidence being turned upside down and finally, a diminishing body of reliable jurisprudence upon which future litigants can rely.
I am all for access to justice but let's understand what this truly means. I can have access to a dentist's office, but without a trained professional to assist me, you can imagine the mess I will make of my teeth.
It's the same with the court system. If the government is truly concerned with access to justice they would fund a legal aid system such that poor and middle class citizens could secure legal services to help them through a legal problem. They would pay lawyers a legal aid rate such that more lawyers would join the plan (the current rates pay less than the hourly rate to operate a law office). They would stop encouraging the self-rep! It is a cheap fix with long term detrimental consequences.
My practice does not include legal aid work, but I see daily the serious problems caused by the self-rep. Time to do something about it.
The current court system as it stands was developed by lawyers; maintained by lawyers, run by lawyers & if our current system is biogged down, it is because of lawyers.
Trying to blame individuals who perhaps cannot afford a lawyer for backlogs in our court system is about as disingenuous as it gets. The current system is in disarray because of lawyers who manipulate the system; often for delays & cost overruns in an attempt to intimidate the other party.
The end result is a system that favours the rich; those with the deepest pockets win most oftten. Those seeking justice rarely get it due to the fact they cannot afford a lawyer, or a very good one.
I understand the benefit of lawyers having gone through a divorce & corporate lawyers for contracts. I have also gone to small claims court representing myself.
If you want to run ads for your law firm, use the radio, TV or print media. Perhaps next time you're looking for answers to the problems in our court system, you can install a gigantic mirror in your boardroom instead of blaming those that merely seek justice.
I have had only one bad dentist in my lifetime -- he re-did a crown after I got a second opinion from another dentist that it was a bad job (crooked). The new implant came loose after a month. I have never been back to this guy -- a dentist who would call me every 3 months for a reminder of 6 month cleaning,
Though I have needed a lawyer far less than I have needed a dentist, I have experienced more incompetent lawyers than I have dentists.
I have represented myself in court and won, fighting WestJet and their mighty law firm Burnet, Duckworth and Palmer. I sued for my rightful profit share after a federal arbitration hearing ruled against my claim for constructive dismissal.
I did not have a lawyer in my arbitration hearing. That was a mistake. The arbitrator, appointed by the federal government. was a lawyer, and the most sad sack example I have ever seen. A witness for WestJet recanted his testimony on some evidence after cross examination by me!. Yet this arbitrator cited this document in his judgement!
Now you, being a lawyer, will say BULLSHIT - can't appeal an arbitratrion ruling. But I argued that this arbitration ruling made no mention of the profit share. The lawyer arbitrator seems to have overlooked that -- missed the whole point of the exercise. Arbitration set aside. I win
The one thing I do agree with the article on is that you do get what you pay for with our legal system which simply mean you had better be well off to receive any kind of legal advice support or representation.