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Justice Scalia: ‘We Are Devoting Too Many of Our Best Minds to’ Lawyering

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Scalia: ‘We Are Devoting Too Many of Our Best Minds to’ Lawyering - Law Blog - WSJ

By Ashby Jones
This past June, all of the Supreme Court justices conducted fairly lengthy interviews with reporters from C-SPAN, in honor the channel’s “Supreme Court Week,” which starts next week.

The interviews, with all nine sitting justices as well as with Sandra Day O’Connor, cover lots of terrain, from the history of the court to what the justices talk about after an oral argument to what the lot of them think of their jobs.

We’ve read through the interviews, for which links aren’t available. For now, rather than do anything too comprehensive, let’s give you this priceless nugget on your profession from — who else? — Justice Antonin Scalia.

In response to a question from host Susan Swain about the “quality of counsel” who appear before the court, Scalia responds with this gem:

"Well, you know, two chiefs ago, Chief Justice Burger, used to complain about the low quality of counsel. I used to have just the opposite reaction. I used to be disappointed that so many of the best minds in the country were being devoted to this enterprise.

I mean there’d be a, you know, a defense or public defender from Podunk, you know, and this woman is really brilliant, you know. Why isn’t she out inventing the automobile or, you know, doing something productive for this society?

I mean lawyers, after all, don’t produce anything. They enable other people to produce and to go on with their lives efficiently and in an atmosphere of freedom. That’s important, but it doesn’t put food on the table and there have to be other people who are doing that. And I worry that we are devoting too many of our very best minds to this enterprise.

And they appear here in the Court, I mean, even the ones who will only argue here once and will never come again. I’m usually impressed with how good they are. Sometimes you get one who’s not so good. But, no, by and large I don’t have any complaint about the quality of counsel, except maybe we’re wasting some of our best minds."

LBers, what do you think? Is Justice Scalia on to something?
 
I know people who have law degrees who should not be practicing law. It happens in every profession though. It is like a hooker with teeth. They just do not belong.
 
I know people who have law degrees who should not be practicing law. It happens in every profession though. It is like a hooker with teeth. They just do not belong.

It seems he thinks the incompetent attorneys don't hurt the economy as much as the "best and brightest" hurt society by practicing law as opposed to being scientists and engineers.

I can raise my hand as someone with a J.D. that chose to actually produce something as a software engineer as opposed to practicing law. The fact I could actually produced something was the draw to software over support even though I could have made a lot more money on the network side....at the time.
 
It seems he thinks the incompetent attorneys don't hurt the economy as much as the "best and brightest" hurt society by practicing law as opposed to being scientists and engineers.

I can raise my hand as someone with a J.D. that chose to actually produce something as a software engineer as opposed to practicing law. The fact I could actually produced something was the draw to software over support even though I could have made a lot more money on the network side....at the time.

producing something doesn't set salaries. burger flippers make burgers yet make $8/hr. Chinese make $5/day making stuff. Lindsay Lohan dens't produce anything yet makes $20m a year, way more than you.

c
 
producing something doesn't set salaries. burger flippers make burgers yet make $8/hr. Chinese make $5/day making stuff. Lindsay Lohan dens't produce anything yet makes $20m a year, way more than you.

c

She produces front page pictures on gossip rags...

My wife's aunt was a hiring partner for a major accounting firm and I could have made a bunch of money helping rich people hide their money as a tax lawyer. Money isn't my #1 concern...can I actually tolerate a profession to make a living. Making money is a means to an end...being capable of having a comfortable lifestyle. A profession that makes me miserable every minute of the day and prevents me from enjoying life...my primary goal...isn't worthwhile.
 
She produces front page pictures on gossip rags...

My wife's aunt was a hiring partner for a major accounting firm and I could have made a bunch of money helping rich people hide their money as a tax lawyer. Money isn't my #1 concern...can I actually tolerate a profession to make a living. Making money is a means to an end...being capable of having a comfortable lifestyle. A profession that makes me miserable every minute of the day and prevents me from enjoying life...my primary goal...isn't worthwhile.

You want a job you enjoy. Some people like being a lawyer (i think they're on crack, easier ways to make money).

c
 
You want a job you enjoy. Some people like being a lawyer (i think they're on crack, easier ways to make money).

c

I concur but this discussion is about me. People make massive amounts of money distributing child porn...something else I wouldn't touch with a 1000 foot pole. My mother in law loved lawyerin' so much she staged an ambush at my law school graduation with my profesors to convince me to try lawyerin'....not interested.
 
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