Spoiled rich teen kills 4, doesn't go to jail, because he's spoiled and rich.

Started by Syt, December 12, 2013, 01:53:06 PM

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Martinus

Also, while both trial lawyers and non-trial lawyers graduate from law schools, I think the work is very different and there is little love lost between the two.

Non-trial lawyers (whether M&A, antitrust, environment, corporate, IP, real estate, labour etc.) advise their clients and while they often negotiate, a lot of the work is very introvert - drafting contracts, opinions, working with the "system" - it is a lot like the work of a programmer. You "win" if you are right - you do a good job, close off loopholes, make sure the system works.

Trial lawyers* are the opposite. Their work is very extrovert - you don't have to be right to "win" - just to convince a bunch of other people you are. Once you get the judge and the jury to side with you, it doesn't matter if the argument you made works and can be tested again in future (contrary to what the case is with contracts, where no matter how well you negotiate, if you end up drafting it poorly, it will come back to bite you in your ass years later).

*I guess this is mainly the case for criminal trial lawyers and class action / tort civil trial lawyers. Admittedly, in specialistic arbitration, trial lawyers are much more similar to non-trial lawyers.

Martinus

I wonder if other professions have a similar divide - perhaps medical doctors and psychiatrists could view each other in a similar way?

Eddie Teach

To sleep, perchance to dream. But in that sleep of death, what dreams may come?

Martinus

Quote from: Peter Wiggin on December 18, 2015, 05:59:27 PM
I suspect the MDs all look down on urologists.

I don't think it is about looking down among trial/non-trial lawyers - many trial lawyers are among some of the high profile and successful lawyers. I think it's more about mistrust and dislike - because of the differences I described, I think both groups end up having a very different approach to truth and integrity.

grumbler

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Barrister

Quote from: Martinus on December 18, 2015, 05:51:03 PM
Also, while both trial lawyers and non-trial lawyers graduate from law schools, I think the work is very different and there is little love lost between the two.

Non-trial lawyers (whether M&A, antitrust, environment, corporate, IP, real estate, labour etc.) advise their clients and while they often negotiate, a lot of the work is very introvert - drafting contracts, opinions, working with the "system" - it is a lot like the work of a programmer. You "win" if you are right - you do a good job, close off loopholes, make sure the system works.

Trial lawyers* are the opposite. Their work is very extrovert - you don't have to be right to "win" - just to convince a bunch of other people you are. Once you get the judge and the jury to side with you, it doesn't matter if the argument you made works and can be tested again in future (contrary to what the case is with contracts, where no matter how well you negotiate, if you end up drafting it poorly, it will come back to bite you in your ass years later).

*I guess this is mainly the case for criminal trial lawyers and class action / tort civil trial lawyers. Admittedly, in specialistic arbitration, trial lawyers are much more similar to non-trial lawyers.

Working for a UK law firm, surely you're familiar with the terms "barrister" :cool: and "solicitor" :nerd:.

You talk that solicitors are like programmers and there is a difference between right and wrong.  Well... the only way you can tell if you're right or wrong is when a barrister takes your matter to court to find out.  There's no better a right or wrong in solicitors work than there is in barristers work.

I've heard different descriptions over the years of the barrister vs solicitor divide in our profession, but yours iw one of the worst I've seen.  In particular there are a lot of introvert barristers, and a lot of extrovert solicitors.
Posts here are my own private opinions.  I do not speak for my employer.

Admiral Yi

I would imagine the more extrovert solicitors are involved in the sales side of the business.

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Ender

Revenge. The family of the victims have the G-d given right to feed this criminal to the worms.

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Quote from: grumbler on December 18, 2015, 11:32:02 PM
Quote from: Peter Wiggin on December 18, 2015, 05:59:27 PM
I suspect the MDs all look down on urologists.

All proctologists look up at other MDs.

I think podiatrists are at the true bottom of the profession.

Baron von Schtinkenbutt

Quote from: Barrister on December 19, 2015, 01:48:01 AM
You talk that solicitors are like programmers and there is a difference between right and wrong.  Well... the only way you can tell if you're right or wrong is when a barrister takes your matter to court to find out.  There's no better a right or wrong in solicitors work than there is in barristers work.

Not really.  Sure, some of it will be judged in that manner, but most of the work done by the specialties Marti listed is judged by regulators or other bureaucrats in non-trial settings, even if it gets changed at trial later.