This anti-carpetbagger rule was made by the
all-lawyer state Supreme Court, not the nearly lawyer-free legislature
(now 1 of 21 senators; 1 of 41 representatives), and ensures that there
won't be too many lawyers (about 1900 now) compared to the amount of
business, but it has the effect of decreasing competition, and I firmly
believe that free-market competition is always good and is what made
this country great.
1: Paragraph 21 In many places, the lawyers who make the most money
are the ones who do personal injury litigation -- that's why you see so
many commercials for that kind of business wherever lawyers are allowed
to advertise on television. PI lawyers usually work for a contingency
fee (often a third of the amount recovered), meaning they get paid only
if they win, and the plaintiff doesn't pay any up-front legal fees.
That's why there's too much litigation in this country: No matter how
bogus the suits are, a lawyer who files enough of them will sometimes
hit the jackpot; defendants often settle for nuisance value to avoid the
humongous legal expenses they will incur even if they end up winning,
and it doesn't cost plaintiffs anything to sue, so if they lose they're
not out anything, and if they win they come out ahead.
1: Paragraph 22 In Delaware it's not like that. The big-ticket
legal cases here are not over personal injuries but over corporation
law, and we have a special court for litigating corporation cases, the
Chancery Court.
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