Lawyers in Japan
Copied from the Sunday Daily Breeze -
Take heart, America. Three monkey wrenches have been thrown into Japan's
well-oiled economic machine. It's only a mater of time before that powerful
engine of productivity begins to sputter and fail.
What could cause such a sharp turnaround? High interest rates? Increased
unemployment? Lower productivity? No, it's something much more economically
debilitating - and permanent.
Three American lawyers have become the first foreign attorneys permitted to
practice law in Japan. What's more, two of them are from New York!
The decline has begun.
Japan has one attorney for every 10,000 residents, compared to the U.S. ratio of
one attorney for every 390 residents. For every 100 attorneys trained in Japan,
there are 1,000 engineers. In the United States, that ratio is reversed.
But a law that became effective on April 1 permits foreigners to practice in
Japan for the first time since 1955. Already, an additional 20 American and six
British lawyers have applied for permission to open practices in Japan.
If anything can slow the Japanese economy, it's the presence of American
attorneys. What better way to even our balance of trade than to send Japan our
costliest surplus commodity?
The October 8, 1990 issue of Fortune has picked up on a small story which
appeared in the Los Angeles Times.
As best as I remember, there was a lawyer who got caught three times in an
alleged speed trap. He sued the city under RICO (Racketeering Influence and
Corruption) statutes. Part of the allegation is that the city set the speed limit
without reviewing the traffic patterns every 5 years.
A judge ruled that the city could be sued under RICO.
I doubt that this is what they had in mind when Congress passed the RICO
statutes.
From the "Around New York" column of the New York Times, April 3, 1991:
Court Says Legal Aid Lawyers Had Right To Wear Buttons
A state appeals court ruled yesterday that Legal Aid Society lawyers had a
constitutional right to wear "Ready to Strike" buttons in October, when they
argued their cases in court.
The lawyers were wearing the buttons to signify their support of a threatened
strike. But Justice George Roberts of State Supreme Court ordered them to
remove their buttons in his Manhattan courtroom on the ground they could
prejudice the court and upset their clients.
The Apellate division of the State Supreme Court said "the mere act of wearing a
button" was protected by the Constitution's guarantee of free speech.
Justice Richard W. Wallach pointed out in a concurring opinion that Justice
Roberts had said he would have allowed non-political buttons such as those that
said "Save the Whales".
But Justice Wallach issued a caution to all lawyers:
"If the choice had to be made between saving the lives of lawyers or saving
whales, there is little doubt that the overwhelming majority of Americans would
come down on the side of the whales"
About 1900, a very respectable Western lawyer was filing some insurance
papers when he came to the question: "If your father is dead, state the cause."
Unwilling to reveal that his father had been hanged for cattle rustling, the lawyer
evaded the problem by answering this way: "He died while taking part in a public
ceremony when the platform gave way."
The exact date that professional attorneys came into existence is unknown,
although the first complaints about them were recorded in the twelfth century.
Two thirds of the world's lawyers are located right here in the United States.
This has led, in some quarters, to occasional suggestions for a new export
product.
Almost 37 percent of the U. S. House of Representatives and 53 percent of the
U. S. Senate are comprised of lawyers. It's like buying chicken wire from the fox.
- a Full Employment Act for lawyers.
Forbes magazine recently reported an incident whereby a man attempted to kill
himself by jumping in front of a subway car in New York; however, having
failed, he won a $650,000 judgement from New York City because the train hit
him.
The Denver Post may have been on to more than it realized when it reported, "...
the former Deputy Attorney General said the bar has never been so successful in
serving the poor.
Marlene T. Sipes, a Columbia S.C. lawyer, was suspended for a year in March
by the state supreme court on charges that she pocketed $1,819 in 1986 from her
daughter's Girl Scout troop cookie fund.
Courthouse officials in Durham,N.C., suspect that in February 1994, a disgruntled
lawyer or lawyers stole a big stack of brochures that explained how battered
women could obtain court orders against their husbands without resorting to a
lawyer.
Last October while in Philadelphia on a business trip, I took one afternoon off to see the Liberty Bell and other historic sites downtown. Two young familes were also in line to the see the sites and I overheard an interesing conversation between two small boys, not yet old enough to be in school.
"My name is Billy. What's yours?", asked the first boy.
"Tommy", replied the second.
"My Daddy's an accountant. What does your Daddy do for a living?", asked Billy.
Tommy replied, "My Daddy's a lawyer."
"Honest?" asked Billy.
"No, just the regular kind." replied Tommy.
Land Rights
Some years ago, a New Orleans lawyer sought a direct Veterans Administration loan for a client. He was told that the loan would be approved if he could provide proof of clear title to the property offered as collateral. The title for the property in question was complicated and he spent a considerable amount of time reviewing all pertinent documents back to 1803. Satisfied with the depth and expanse of his examination, he submitted the information to the VA.
He soon received a reply from the VA.: "We received your letter today enclosing application for a loan for your client, supported by abstract of title. The application forms are complete, but you have not cleared the title before the year 1803. Therefore, before full review and possible approval can a be accorded the application, it will be necessary that the title be cleared back before that year."
Annoyed, the lawyer wrote the V.A.: "Your letter regarding titles in case #9378329 received. I note that you wish titles extended further back than I have presented. Your attention is invited to the following information to update your records for the property prior to 1803:
a) I was unaware that any educated person would not know that the United States gained clear title to Louisiana from France in 1803. This title transfer was a result of a real estate transaction known as The Louisiana Purchase.
b) France gained clear title to Louisiana by right of conquest from Spain under the Treaty of San Ildefonso (1800).
c) The land came into the possession of Spain by right of discovery in 1492 by a sailor named Christopher Columbus. He was acting on behalf of Isabella, Queen of Spain, and had her permission to claim newly discovered lands for Spain.
d) The good Queen, being a pious woman and careful about titles - almost as careful as the V.A.- took the precaution of securing the blessing of the Pope before authorizing the voyage.
e) The Pope is a servant of God; God created the world.
f) Therefore, I believe that it is safe to presume that God created title that part of the world called Louisiana and thus was the original holder of the property in question.
