The author is a lawyer. Sometimes.
There is a huge gulf between the public perception of the legal system in the US and its reality. In public perception, injured people get outrageously high monetary awards and criminal defendants are coddled or acquitted.
The reality is that injured people and criminal defendants get screwed. It happens so much, so often, so egregiously that many lawyers would simply quit if they knew what else to do.
Many blogs are documenting and chronicling this state of affairs. They rightly point to the problems – largely unfair judging – and the impotence of lawyers’ organizations, such as bar associations, in addressing these systemic concerns.
No one, to the author’s knowledge, has suggested strategic or tactical strikes by attorneys to deprive misbehaving judges of their veneer of legitimacy when they deserve it.
The idea of this blog is to function as a clearing house of the most egregious and harmful judicial abuses and select specific instances, and judges, for a targeted boycott – a strike – by attorneys. Unfair judges operate because, to some degree, we help them when we continue participating as if nothing is wrong.
Like it or not, for the most part judges respond to power, not argument, not evidence, and not truth. Disfavored litigants like criminal defendants and personal injury plaintiffs are relatively powerless individually and within the system, and so are their attorneys.
The question is whether there is some other way to bring the scales back into balance, or at least move in that direction. This blog is an effort to do that. Rather than just point out or complain – although that is a valuable contribution – the focus here is on action.
Lawyers have the intelligence to see the problem. Do they have the courage to address it? The author hopes to find out.
If you know of any judges who merit attention by this blog, send an email to firstname.lastname@example.org. Lawyers only, please.
Update: As of December 8, 2011, the blog has evolved and is evolving. Whereas I started writing under a pseudonym, I’ve now disclosed my real name and developed what was probably always the real purpose of the blog, such as it is. You can read beginning with these two posts and many of those following: