Those
(9 of 10)
But these developments promise only cosmetic change. More thoughtful reformers suggest that fundamental changes are necessary to keep the legal system from being finally overwhelmed by the growing tide of suits. Such ideas necessarily involve a de-emphasis of the venerable adversary system and a reduction in the influence of lawyers. Among alternative methods proposed for resolving disputes:
¶ Removal of family problems that involve no real dispute from courts of probate. Howard Hughes' will and Hollywood alimony suits are going to wind up in court no matter what, but there are many cases that could be settled by administrators without full-scale combat before a judge.
¶ Expansion of small claims courts, where citizens can appear without lawyers and explain disputes in nontechnical language. In existing small claims courts, the limits are set unrealistically low (from $100 to $3,500). With higher ceilings and more personnel to reduce overcrowding, a sizable burden could be removed from other courts.
¶ Decriminalization of so-called victimless offenses, such as marijuana possession, gambling, public drunkenness and consensual adult sex. Many of these laws are widely ignored and enforced only haphazardly. Removing them from criminal codes would improve respect for the justice system and free cops and courts alike for more important matters.
¶ Diversion of minor disputes, such as neighborhood quarrels or small consumer arguments, to arbitration or mediation. Many arguments are distorted and amplified by formal court procedures involving lawyers and can be settled quickly by an independent third party.
¶ Expansion of no-fault laws, already used by 16 states in automobile accident claims, to other negligence areas. In many cases, the main goal of a fast, equitable payoff to an injured claimant is totally obliterated by costly, delay-ridden personal-injury lawsuits.
¶ Increased use of inexpensive paralegals—lay assistants with some legal training, under the supervision of attorneys—to handle matters like divorces, wills and title searches.
Thanks in large part to lawyers, the U.S. retains one of the world's most accessible court systems and one of its most exhaustive lists of human rights. Much of the nation's strength flows from its respect for the law. But a long-is standing love affair with the law is in danger of turning obsessive and destructive —if it has not already done so. Writing in the California State Bar Journal, J. Anthony Kline, a Yale-trained lawyer who serves as legal affairs secretary to California Governor Edmund G. Brown Jr., offers this catalogue: "The trial courts are in disarray, mechanisms for the prompt resolution of minor disputes do not exist or are inadequate, the adversary process is in disrepute, the criminal justice system is maligned, legal procedures are in many cases hopelessly arcane and unnecessarily complex, and legal services are becoming prohibitively expensive."
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