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The Law

Updated: July 8th, 2008 05:26 PM EDT

Let's Not Kill All the Lawyers

Christopher M. Ernst
Buckingham, Doolittle & Burroughs, LLP

Several hundred years ago, William Shakespeare wrote his famous play, King Henry VI, in which he included the line "First thing we do, let's kill all of the lawyers." While this line has become a famous quotation and is often thrown about in some misguided attempt at cocktail party humor, it is an unfortunate milepost for the disdain held by society for its lawyers.

In Pakistan, right now, President Pervez Musharraf is encountering a vociferous backlash from the citizens of Pakistan and this backlash is being led by lawyers. These lawyers - the ones Shakespeare wanted to kill - are attempting to preserve a sense of order in Pakistan and, unfortunately, many are being imprisoned or hurt for their efforts.

In the world of concrete, there are certain immutable laws. For instance, cement, when combined with aggregate and water, will form concrete. Another rule is that concrete cracks. A third one is that there will be disagreements between owners and contractors and suppliers. This is the nature of the construction industry and is so pervasive that countless people, including myself, earn their living based upon these disagreements.

Beyond that, though, there are several immutable laws that are frequently taken for granted. For instance, when an owner and a contractor sign a contract for a new project, both sides expect the other to live up to their end of the bargain. A corollary to that concept that is when one party fails to live up to its end of the bargain, there are modes of redress. If a contractor fails to perform work in a good and workmanlike manner, or if an owner fails to pay the contractor, there are available avenues to force the uncooperative party to act. If a contractor orders a batch of concrete with the express instruction that it comply with a certain mix, the supplier is duty-bound to send the batch in compliance with that mix.

When people fail to meet certain expectations, those who are harmed by it can turn to their advocates - their lawyers - and seek to enforce their rights. The enforcement of these rights may involve negotiations, but they may also involve arbitration or litigation in the judicial system. But, in the end, every owner, contractor and supplier in United States of America can go to bed at night, comfortable with the thought that there are procedures and methods available to provide protection for their businesses and their interests.

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Reader Comments
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(08/08/08 - 10:26 AM)

90% of lawyers make the rest of them look bad.

Mark Civarello


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