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Book Chapter Summaries of

Wake Up and Smell the Lawyers.

How Law and Odor Are Choking America to Death.


The book lawyers don't want you to read - or even know about!

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- Presented By Lawyers Stink, Inc. -

TABLE OF CONTENTS

INTRODUCTION

Chapter 1 — One Hell of a Bad Smell

Chapter 2 — Lawsuit Insanity Running Amuck and Running America Into the Ground

Chapter 3 — Money - The Root of All Lawyers

Chapter 4 — Keep The Meter Running At All Costs

Chapter 5 — They’re Here, They’re There … They’re Everywhere

Chapter 6 — Liar, Liar, Pants on Fire

Chapter 7 — It Takes Two to Tango

Chapter 8 — Guilty Until Proven Innocent

Chapter 9 — Uncivil Wars

Chapter 10 — Head of the Class

Chapter 11 — Who’s Next?

Chapter 12 — Contempt of Court

Chapter 13 — Justice for Sale

Chapter 14 — An Open and Shut Case

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Taken from Chapter 1 of Wake Up and Smell the Lawyers — One Hell of a Bad Smell.

Law and odor in America. There’s one hell of a rotten smell emanating from virtually every corner in America and like most disgusting odors that linger in the air, this stench isn’t going away. As a matter of fact, the odor seems to be growing stronger and exponentially more offensive with each passing day. This sickening bouquet has permeated virtually every facet of the American way of life and, given enough time, will ultimately taint anything and everything that it comes in contact with it. As these noxious fumes waft their way across America, each of us are forced to pay an immeasurable price. A once proud nation, where energy and resourcefulness ruled the day, is being methodically reduced to a rubble.

We’ve become a squabbling, quarrelsome pack of money grubbing whine bags who routinely sue each other for such nefarious grievances as slipping on a grape in a grocery store, spilling hot coffee in the lap while driving, falling off a toilet seat and for getting a bad hair cut. Yes, these insane lawsuits really did happen! Just what in the hell is going on here? Law and odor, that’s what, and boy, that’s a rot gut combo to be sure. To succinctly paraphrase a borrowed slogan from an old cigarette commercial “We’ve come the wrong way, baby”. Oops, that may be a poor choice of words. In today’s increasingly litigious society, even casually making an off the cuff inference to an old tobacco related commercial could prove hazardous to my health. With blood sucking lawyers circling over the tobacco industry like famished vultures hovering over a decaying carcass, I sure as heck don’t want to get caught up in that line of fire.

Where were we? Oh yeah, we were talking about lawyers and the offensive and nauseating malodor that accompanies them everywhere they go. Lawyers are everywhere you look - and it’s not a pretty sight to behold. And every place you find a lawyer, you’ll discover a putrid, pungent cloud billowing up all around them. Lawyers, by and large, are a stinky lot and all of the deodorant in the world isn’t going to mask the foulness. Unfortunately, far too many of us have gotten so accustomed to holding our noses for so long that we scarcely even notice the awful smell anymore. Lawyers have been surreptitiously working overtime to permeate our subconscious minds, incrementally brainwashing us in the fine art of becoming helpless victims - and the years and years of hard work is now paying off in spades.

Lawyers have us right where they want us - busily scurrying all around looking for all sorts of inventive new ways to sue somebody over something. Where innovation, creativity and ingenuity were once the magnificent cornerstones of America’s entrepreneurial drive and spirit, these precepts are now merely platitudes lawyers manipulate while seeking out innovative, creative and ingenious ways to sue the pants off those around us. Lawsuits, conflicts, fighting, fusing and fuming now rule the day while the lawyers, not surprisingly, rule the roost.

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Taken from Chapter 6 of Wake Up and Smell the Lawyers — Liar, Liar, Pants on Fire.

Why liars make good lawyers and lawyers make good liars. Determining whether one needs to be a lawyer before one becomes a good liar or be a good liar before one is deemed a good lawyer (try saying that three times very quickly!) is sort of like choosing which comes first - the chicken or the rotten egg? When it comes to lawyers, the question is moot. Lawyers lie and they lie all of the time. That’s just the way it is. When it comes down to misleading, deceiving and baffling regular folks on a regular basis, lawyers are the absolute best in the business. They can turn fact into fiction and fiction into fact. Regardless of whether you’re talking about a little white lie or a major league whopper, lawyers simply have no peers. The oath their victims must swear to - telling the truth, the whole truth and nothing but the truth - doesn’t apply to them. No sir, they simply cannot allow the truth to mess things up or get in their way. Lying and lawyers, lawyers and lying, this dynamic duo just seems to go hand in hand. And like it or not, that spells double trouble for the rest of us.

But come on, can lawyers really be blamed for their appalling lack of honesty or integrity? Can they really help themselves? After all, just look at the company they keep. In a profession literally laced with some of the sleaziest con artists and shake down specialists the world has ever known (we’re talking about the lawyers, not their clients!), lying, cheating and swindling is the name of the game. The legal field is replete with shysters who have become virtual virtuosos in the fine art of deception and deceit. And as far as their profound propensity for obfuscating, prevaricating and equivocating at every turn, aren’t we being a little picky? When you get right down to the nitty-gritty, fabricating the facts, twisting the truth and finagling the figures are requisite tricks of their trade and no self-respecting lawyer would leave home without them. Whether we like it or not, lying has become an integral facet of our legal system. And lawyers, by and large, wouldn’t have it any other way.

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Taken from Chapter 7 of Wake Up and Smell the Lawyers — It Takes Two to Tango.

Two’s company and three’s … a lawsuit. A lawyer once told me that running a law firm was akin to running a house of ill repute - you couldn’t run either without a stable of paying customers. He confided that lawyers couldn’t get away with half of the crap they pull without a heck of a lot of help and sadly, there’s certainly no scarcity of help available. As the inimitable Howard Cosell used to say, the lawyer was simply “telling it like it is”. Running a law office and running a whore house do have a lot in common. First and foremost, lawyers and brothels need customers. Lawyers need people who want to sue the pants off one another (the more, the merrier the lawyer) while the later needs customers who want … well, you know what they want. Without a steady stream of more than accommodating customers who are ready, willing and able to sue each other at the drop of a hat, lawyers would be out of business pronto. But don’t look for them to break a sweat over the prospects of running out of customers any time soon.

As strange as it may sound, lawyers also need other lawyers to keep the system running at peak billing efficiency. It has been said that if there’s only one lawyer in a town, he’s probably going to starve to death. But if you have two or more lawyers in the same town, then all of them will be doing quite well. The more lawyers move into town, the more action there’ll be for all the lawyers. Unfortunately for us and quite fortunately for them, there’s no need to worry about running out of lawyers any time soon either. The ready availability of lawyers helps drive the system and believe you me, there’s more than enough business and lawyers to go around. You are not likely to see too many lawyers down on the local street corner holding a “will work for food” sign. Lawyers and lawsuits abound and at our present pace, it’s only the tip of the iceberg.

How did we as a country plunge so far south in such a short period of time? How did lawyers gain such limitless control of virtually every facet of our everyday lives? One could reasonably argue that the proliferation of the litigation feeding frenzy we are currently experiencing in America coincides neatly with the widespread erosion of personal responsibility in our country. In the feel good about yourself society in which we all live, it is now almost villainous for anyone to hold anybody accountable for anything. In our futile attempt to liberate ourselves from any sort of accountability, we have played right into the lawyers’ hands. By artificially assuring ourselves that we are OK and absolving ourselves from the possibility of being personally responsible for anything we say, think or do, we have all become “victims” in one form or another. And nobody, but nobody, knows how to create victims and play one person against someone else better than lawyers.

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Taken from Chapter 8 of Wake Up and Smell the Lawyers — Guilty Until Proven Innocent.

The presumption of guilt. In America’s judicial system, everyone is supposedly granted the presumption of innocence until proven guilty in a court of law. Heavy emphasis should be placed on the word “supposedly” however. This presumption of innocence, the cornerstone of our legal system, is designed to provide the bedrock backdrop for fair and unbiased legal proceedings. The rules of legal engagement are clearly defined and delineated. The law stipulates that the burden of proof lies squarely with the party bringing the charge, regardless of whether the setting is civil or criminal in nature. The plaintiff must prove its case beyond a reasonable doubt based on the facts of the particular case and the evidence presented, not on hearsay, speculation or innuendo. Additionally, the defendant is granted the opportunity to defend himself or herself against the charges being levied. The presumption of innocence is of paramount importance if the accused is to receive a fair and equitable hearing. Sadly, nothing could be further from the truth than the presumption of innocence these days. The presumption of innocence in America’s jurisprudence is indeed a presumption these days - presumed dead and gone that is.

Lawyers rarely give a hoot about innocence or guilt. To their perverse way of thinking, guilt and innocence are nebulous, abstract, pie in the sky type of concepts and generally aren’t worth getting all worked up over. Besides, guilt and innocence generally have very little to do with the lawyer getting paid. Speaking of money, can there be any debate about whether guilt and innocence in the courtroom depends a great deal on which side of the table the lawyer is sitting. The presumption of innocence the lawyer maintains for his or her client is always directly correlated to the size of the client’s bankroll. It should be noted that lawyers, especially those criminal lawyers engaged in the criminal defense area of law, have always believed that the very best client to have is one who has a great deal of money and who finds himself in a great deal of difficulty. The lawyer would naturally prefer that his or her client actually be innocent of the charges levied, but that fact alone is not going to carry the day or pay the piper for that matter. And even if the lawyer’s client is as guilty as sin, many a lawyer will manage to overlook that minor inconvenience for the right price.

By and large, lawyers are quick to pin the guilt on the other party. Very quick. Regardless of who is right or wrong in the dispute, lawyers hold the position that it’s always the other side’s fault. Always. The lawyers have to hold that position, regardless of how absurd or indefensible that contention may actually in fact be, or they would be out of business lickety split. Pinning the blame on someone else is the very foundation on which the legal industry operates. Lawyers know that this “pin the blame on someone else” message plays well to the masses. Blaming others is second nature to most of us anyway and lawyers have mastered the ability to tap into this universal tendency. Blaming others is good for their business, very good indeed, and lawyers specialize in pinning the blame on the other guy.

If we know one thing for certain about lawyers in general, it is that lawyers play no favorites. As long as a potential client can pony up and foot the bill, lawyers will generally take any and all comers. They have no ethical hang ups about taking on shady, disreputable clients or even those who are plain as day guilty - mainly because the lawyers have no ethics themselves. I have personally witnessed lawyer upon lawyer, representing some of the most reprehensible varmints on the face of the earth, run roughshod over one innocent party after another, falsely accusing the innocent individuals of virtually everything sinister under the sun. Without so much as a blush or a blink of the eye, they trample all over the opposing parties’ rights and kick sand in the face of that bothersome presumption of innocence crapola. All the while, they righteously defend their own censurable clients’ rights and presumption of innocence - the legal equivalent of having your cake and eating it too.

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Taken from Chapter 10 of Wake Up and Smell the Lawyers — Head of the Class.

A real class act. The inevitable implosion of any semblance of justice remaining in our dilapidated legal system began once the class action epidemic hit full throttle. We’ve talked here and there about the mind numbing exponential growth of the class action litigation activity nationwide. In this chapter we’ll expose the seedy underside of the class action lawsuit lawyers and see firsthand how a class action lawsuit shell game is pulled off.

Trial lawyers have long professed that their primary motivation is the public’s safety and general welfare rather than their own personal gain. As is always the case when lawyers start yapping about the public good and how the money isn’t really important, their superficial, self indulgent statements just don’t hold water. Lawyers are always in it for the money and the trial lawyers are certainly no exception to the rule. Money first, last and always is their unspoken motto. And calling some of these sleaze bags “trial” lawyers is something of a misnomer anyway. The fact of the matter is that the majority of class action lawsuits are settled prior to a trial taking place. Perhaps calling them shakedown specialists would be more apropos. Regardless of what we call them, and there’s some really good names I can think of right now, these lawyers have ushered in the emergence of an entire new industry - the class action lawsuit - and these lawyers are making more money than they ever dreamed possible.

The class action industry was pioneered by entrepreneurial lawyers who threw caution to the wind and blasted through the once professionally taboo area of client solicitation. These rambunctious gang of renegades were initially looked upon by the rest of the legal community as tacky, trashy pariahs who were a blight on the legal profession at large. But as is always the case with lawyers, once the others caught wind of the heretofore unimaginable amounts of money these trailblazers were raking in, professional ethics were quickly tossed aside and thousands upon thousands hopped into the action. Predictably, the number of lawsuits that followed jumped off the Richter scale. Rather than solving problems and serving their clients’ best interests, lawyers began stirring up even more trouble. These movers and shakers knew that the more trouble they could shake and bake, the more money they could make as a result. And nowhere was there more trouble brewing than the tobacco industry.

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Taken from Chapter 12 of Wake Up and Smell the Lawyers — Contempt of Court.

How lawyers have converted the courthouse into an outhouse. When you happen upon any courthouse in America, whether it be the monolithic superstructure in the heart of a metropolitan business district or the stately county seat in a small town square, what are your first impressions? Do you feel a sense of awe as you behold the majestic old edifice or alternatively, do you suppress a sickening sense of disgust? Do you see these municipal buildings as places of honor, integrity and civic pride or do you hold them in considerably less esteem? Do you see them as halls of justice or instead, merely halls of shame? The manner in which we view these courthouses and the feelings they generate inside of us has a great deal to do with whether or not we have ever experienced them firsthand.

Ask most folks who have endured any sort of legal proceeding down at the local courthouse how they feel about the place and you’ll likely get an ear full. And depending on who you ask, you might need to run for cover. One thing is for certain, you’re not likely to hear any rave reviews. Few people, winners and losers of lawsuits alike, would list their courtroom experiences as anything to write home about. If you’re asking “why is this the case?”, you need to get down on your knees and count your blessings right now. You’ve obviously never had the pleasure of being riddled and ridiculed to pieces by a condescending, self righteous lawyer in front of a crowded courtroom audience. You’ve never had to endure, up close and personal, the vitriolic rant of a loquacious lawyer holding court at your expense, both figuratively and literally as well. You’re are still down on your knees, aren’t you?

The courthouse is the lawyer’s stage - the theater in which they boldly hold court. Here, along with the judges who we’ll cover a bit later, the lawyers are the top dogs, the big cheeses, the head honchos. What about everyone else? Where do they fall in the grand scheme of things? They don’t. The rest are simply the serfs - the cringing, cowering masses who must submissively kowtow to the judges and their lawyer cronies alike. These underlings hold no status whatsoever. Sure, these vassals are important in some minuscule aspect I suppose, since they provided the catalyst for the lawsuits in the first place. Someone has to sue somebody about something or another to get the ball rolling. But that’s about the extent of their relevance. These sue happy suers (or should we say “sewers”?) along with their foaming at the mouth sue happy lawyers, have transformed the these once hallowed halls of justice into dingy, disgusting, disreputable outhouses where just about anything goes and the lawyers couldn’t be more pleased. While the rest of us are forced to hold our collective noses, lawyers revel in the pernicious stench reeking from courthouses throughout America. Law and order were once the illustrious bywords of America’s unsullied justice system, having long since been replaced by a reeking, stinking, malodorous stench.

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Taken from Chapter 13 of Wake Up and Smell the Lawyers — Justice for Sale.

Bought and sold. Is justice truly for sale in the courtrooms of the United States? While that question could be argued for hours on end, there can be little cogent debate that America’s justice system is wrought with prejudice, corruption and avarice. Sometimes it seems that getting a fair shake in court these days depends a great deal on who’s representing you and what kind of strings your lawyer can pull. Who the lawyer knows seems to mean a lot more than what he or she knows anymore. The lawyer with the right connections always holds the upper hand over the lawyer who doesn’t. Always. From top to bottom and everywhere in between, the legal community is a tight nit conglomeration of cliques and inner circles. If your lawyer is not part of the “in” crowd - the good old boy network where glad handing and behind the scenes dealing rule the day - you may find yourself in a whole heap of trouble if and when you land in court.

Lawyers who are friendly with the judges in the courts in which they practice hold a huge ace in the hole. After all, when it’s all said and done, judges are the final arbiters in all lawsuits. Judges run the show and can generally dictate the path of any given case brought before their court. Judges have a lot more latitude than most people think when it comes to presiding over a case and a judge can make or break a case if he or she so chooses. Throughout the legal proceedings, from the pre-trial motions and hearings right through the trial testimony, judges make rulings on a number of issues that can directly influence the direction of any lawsuit and ultimately the outcome of the suit as well. Even in jury trials, judges can still exert an enormous amount of power on how the cases will be decided in the end. A crackerjack crook of a judge can swing a case in any direction he or she wants by selectively admitting or omitting evidence and testimony, randomly overruling or sustaining objections and indiscriminately ruling on assorted legal aspects of the case. While the lawyers may protest, the judge is the final decision maker. If anyone, be it the lawyers or their clientele, disagrees with the verdict or decision rendered, their only recourse is to take the case to an appeals court - an expensive and time consuming route which we will cover a little later in this chapter.

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Taken from Chapter 14 of Wake Up and Smell the Lawyers — An Open and Shut Case.

Lawyers hear, see and speak no evil - of lawyers. But don’t look for the so-called good lawyers to join the movement to end lawsuit abuse in America. Even the good lawyers, the ones who are most offended by the odoriferous stench emanating from their fellow lowlife colleagues, will run and hide or stick their heads in the sand when asked for assistance to correct the problem. They simply have too much to lose to be of any tangible assistance. Insisting that their fellow practitioners fastidiously adhere to ethical standards promulgated by law will only serve to get them in some serious hot water with their counterparts. Pointing the finger at any recalcitrant lawyer or turning the immoral lawyer in on ethical charges is a quick invitation to the outer Siberia of lawyer land.

As we have outlined beforehand, lawyers heavily depend on other lawyers for their livelihood and what self serving lawyers are going to cut off their deal making pipelines? Some lawyers and judges may not like what they see in the legal community, but getting them to put their own careers at risk by turning in the cheaters, shysters and miscreants that have proliferated within their industry is not likely. And any cockamamie notion of demanding that the legal profession police itself is a joke. Lawyers acting as sentinels protecting the sanctity of law is how we got in this mess in the first place, which when you think about it is akin to putting the foxes in the hen house and thinking everything will turn out fine and dandy.

After all, the erosion of the rule of law has been undermined to the point that abuses of the legal system financially assist even the good guy lawyers. That’s right, the good guys actually derive substantial economic benefit from being a part of a profession teeming in immoral behavior. This isn’t as crazy as it sounds. A variation of the principle of trickle down economics is at work here. The by-products of excessive lawsuit abuse and the subversion of the rule of law - namely protracted litigation, sky high fee structures and the assorted perks, power and prestige associated with being part of the legal community - are conveyed to all who practice law, not just the cheating and conniving lawyers. With each and every lawyer receiving some sort of economic or social benefit directly and indirectly from our screwed up and out of whack justice system, why should any lawyer bother to rock the boat? So they turn their backs, hold their noses and continue with business as usual. Counting on the lawyers to wean themselves from the gravy train is just not in the cards. If we’re going to restore justice in our legal system, we’re going to first have to wrestle it away from the lawyers. That means we better get ready to rumble.

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Home | About Us | Book Chapter Summaries | Contact Us

Speakers Bureau | It's Time to Wake Up and Smell the Lawyers | The Lawyers Stink Store

Attorneys & the Unwritten Law | Funny Lawyer Quotes, Jokes & Cartoons
Class Action Lawsuit Update | Personal Injury Lawsuits & Legal Information
Stupid Lawsuits & Funny Stuff | The Lighter Side of the Law | Lawyers and Lawsuits: Notes & Anecdotes
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