ABSTRACT

In many courts, plea bargaining serves the convenience of the judge and the lawyers, not the ends of justice, because the courts simply lack the time to give everyone a fair trial. Excessive litigation and legal feather-bedding are encouraged. Noncontested divorces become major legal confrontations in many states. The number of medical malpractice suits skyrockets. Mahatma Gandhi, who himself was a very successful lawyer, said of his profession, lawyers will as a rule advance quarrels rather than redress them. The chapter describes the president that much needs to be done to improve the workings of the justice system. Indeed, the existence of the American Bar Association is premised on the objective. Access to justice must not depend on economic status, and it must not be thwarted by arbitrary procedural rules. The chapter shows that procedural barriers such as restrictions on class actions and the concept of legal standing be modified.