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by cookiecaper 5092 days ago
>The high rates that top lawyers get paid are simply market rates. We pay them too. Cheap lawyers are not a bargain.

I wasn't arguing that Google should've used cheaper lawyers -- I believe the costs across the entire legal industry are ridiculously inflated, for multiple reasons. Like health care, there are a lot of elements in play and it's hard to pin any single thing down and say "this is the magic bullet", even though, also like the medical industry, there are a handful of major, easily identifiable "indecencies" in the legal industry. Note also that one can say the current costs of medicine simply represent "the current market rate" and that these services are worth what people are paying for them (and in medicine, that's more likely to be true than legal services, though the exorbitance there isn't justified either).

By "decency and propriety", I guess I mean "someone whose perspective is such that a fair analysis of the real value of the services provided by lawyers can be assessed", i.e., from the perspective of a basic decent person. I understand this perspective can become foggy as one accustoms to the rates commonly charged by legal professionals, or worse, becomes a legal professional themselves, without necessarily losing decency in the general sense -- it is just that this person's "decency gland" (as it pertains to the price of lawyers) has been forced into submission in order to retain and/or provide a significant amount of legal services.

Yes, I think a "proper rate" for legal work would be less than the $250/hr baseline that all of the attorneys in my area charge, just as I think a proper rate for the stitch-up of a cut should be less than the $3,300 an uninsured friend was recently charged (for him, over a month of wages. He spent less than two hours in the ER).

1 comments

You haven't answered the question, though: Why does the market continue to bear what you see as exorbitant rates? Consider that we have an oversupply of bar-certified lawyers, there is no conspiracy or collusion going on. What is preventing those unemployed graduates from entering your $250/hr market, charging $150/hr, and eating the other guys' lunches?
I don't have time to get too deeply into it. I addressed this point lightly and I think "there are a handful of major, easily identifiable 'indecencies' in the legal industry".

A few among these: the general requirement to obtain a classical JD from an accredited law school (a few states have partial exceptions to this) in order to sit for the bar, which places a debt burden upon the new lawyer usually at least equivalent to a mortgage, rigidity and verbosity of the court system, including rules that specifically exclude self-representation and impose needlessly onerous paperwork requirements, paywalls imposed by legal references if not by the court system itself (variable by state), and of course, the realization among lawyers that people rarely have a realistic option not to pay you or one of your direct competitors, so even if explicit collusion does not occur, there is an implicit price floor that no one is willing to break lest they invoke a "race to the bottom" (a function of the serious prohibitive barriers to entry that prevent new blood from coming and breaking this floor).

Why can't the loads of unemployed recent JDs swoop in and take over the market? Because like most recent grads in other fields, these JDs don't have any idea what they're doing and can't supply seriously meaningful services at any rate.