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| "The first thing we do, let's kill all the lawyers!" To be sure, it is the profound insight of William Shakespeare from the late 16th century. But it sounds strangely familiar today. If you are wondering why I, as a lawyer, as President of the Essex County Bar Association, and as a member of the Executive Committee of the Massachusetts Academy of Trial Attorneys, would be proud that Shakespeare nailed it when he wrote that line, indulge me by reading on. The line is from Henry VI, Part II, (Act IV), Scene 2. Dick the Butcher is giving advice to his boss, the play’s antagonist, Jack Cade, a known anarchist. Jack, you see, has a diabolical desire to overthrow the government and rule the people. Dick, after giving it some thought, decided that in order to succeed, they would have to destroy democracy’s first line of defense...the Lawyers. So, naturally, Dick the Butcher wisely advised his boss that if they killed all the Lawyers, they would have a lay-up, and the country would be theirs for the taking. Once the Lawyers were out of the way, democracy would fall, and Jack could rape and pillage the free will of the people with his deception and tyranny. As Shakespeare said, kill all the Lawyers and there will be a clear path for the rise of "...the head of an army of rabble and a demagogue pandering to the ignorant." Doesn’t that sound familiar? Both the U.S. Chamber of Commerce and the current administration have pledged millions of dollars in their campaigns against Lawyers in the guise of Tort Reform. As the Wizard said, pay NO any attention to the man behind the curtain. Instead, the money is used to convince John Q. Public not to blame the person behind the wheel who crashes into the pedestrian, not to blame the doctor in the operating room who lops off the wrong breast, and not to blame the insurance companies for assessing outrageous premiums. John Q. Public blames the Lawyers and the system. The current vogue is to believe that juries, the very cornerstone of democracy and fair play, are tools of destruction. Consider this. How do our leaders react when a doctor or a hospital commits a horrific act of malpractice, and a jury awards significant damages? They turn on the jury. They rally to the side of the insurance companies. They minimize the suffering of the victim. And they impugn the Lawyers. Then they attempt legislation to limit the recovery of the victims. Who stands up and protests? The Lawyers. Should the common man relinquish his right to seek redress for wrongs? Isn’t that the American way that we treasure and stand to protect in these times of crisis? How many people understand that insurance companies charge and assess doctors differently than they charge and assess drivers for automobile insurance. If I get into an accident, my insurance premiums go up, but my neighbor's premiums don't. Now, compare that with medical malpractice insurance. Under the medical malpractice insurance policies, if one bad doctor commits a terrible injustice through pure negligence and malpractice, the insurance company raises ALL doctors’ premiums. Is it fair for the insurance company to charge the good doctors for the bad acts of a few? Now I ask, does this suggest a need for Tort Reform, or does it really suggest a need for Insurance Reform? Lawyers are not in the operating room when a doctor commits malpractice any more than a lawyer is in a car when a driver fiddling with his radio slams into a pedestrian. So, blaming us for the misdeeds of others is simply the blatant use of popular prejudices, false claims, and promises, in order to gain power. Does that sound familiar? It should. Shakespeare wrote about it in Henry VI. When our Governor expresses dismay at the 800 lawyers employed by the Commonwealth, he doesn’t tell you that these are the people that fight for the rights of the indigent, protect the accused, assist abused children, enforce support for single parents, seek redress against civil injustices, and advocate for the rights of the people of Massachusetts. His position seems to suggest that Lawyers are expendable. Shakespeare was right. Lawyers truly are the last line in the defense of democracy. So I would ask you this. When you hear someone suggest that lawyers are the root of all evil, think of Dick the Butcher in Henry VI saying, "The first thing we do, let's kill all the lawyers!" And then ask yourselves, "Exactly what are they really trying to pull?" |
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