We have here three lawyers to discuss, most ably, what is wrong with their
profession and what might be done about it. All agree that, as Judge Bork puts it, "This is a litigious society. It's a regulated society. It's going to remain that." How then to unclog our overcrowded courts? Mr. Bork suggests alternative courts, both to "deal with these simple repetitious claims which now flood the main federal courts and keep people waiting for years to get their case heard," and to try "very esoteric matters" currently being handled by "generalist judges." "Who is against specialized courts?" Mr. Buckley asks, and Mr. Schmidt replies: "I am against them. One of the distinctive elements of the American legal tradition is that it has generally entrusted the important decisions to generalist judges." Mrs. Pilpel, meanwhile, points out that the middle class "has a tough time getting into court very often," both for the reasons Judge Bork mentions and because of her fellow lawyers' sky-high fees.
- Hoover ID: Program S0654
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