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	<title>Comments on: Corporatisation of law firms</title>
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	<link>http://skepticlawyer.com.au/2007/06/corporatisation-of-law-firms/</link>
	<description>Two lawyers on law, legislation and liberty. And other stuff.</description>
	<pubDate>Thu, 28 Aug 2008 11:30:56 +0000</pubDate>
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		<title>By: marcellous</title>
		<link>http://skepticlawyer.com.au/2007/06/corporatisation-of-law-firms/#comment-10829</link>
		<dc:creator>marcellous</dc:creator>
		<pubDate>Tue, 05 Jun 2007 02:01:08 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/06/04/corporatisation-of-law-firms/#comment-10829</guid>
		<description>Risk aversion is a whole new topic.  It is the flip side to the ever extending scrutiny of causation and consequences.  This has driven the 20th century expansion of the law of negligence (which has focussed attention on failure to prevent harm as itself a causative factor), as well as contractual and Trade Practices and other statutory liability.

My own homely analogy to that is how, people's lives, they accrue a host of lessons from things which have gone wrong.  By an accumulation of all these little lessons is, older people generally become more cautious.  This may also relate in some areas to their reduced capacity to make good any damage they suffer because of the deterioration of their bodies and their reduced capacity to work.

It's not just people: it's a practical way of learning which you can see, for example, in your pets.  Not all of these lessons last, which is why we often repeat the same mistakes (eg: hangovers; indigestion; repeated relationship disasters).  Another practical example is the loss of confidence if you have had a mishap driving a car.  A certain degree of confidence is still necessary, so usually over time we steel ourselves to regain this confidence.  (One person's confidence is also another person's foolhardiness!)</description>
		<content:encoded><![CDATA[<p>Risk aversion is a whole new topic.  It is the flip side to the ever extending scrutiny of causation and consequences.  This has driven the 20th century expansion of the law of negligence (which has focussed attention on failure to prevent harm as itself a causative factor), as well as contractual and Trade Practices and other statutory liability.</p>
<p>My own homely analogy to that is how, people&#8217;s lives, they accrue a host of lessons from things which have gone wrong.  By an accumulation of all these little lessons is, older people generally become more cautious.  This may also relate in some areas to their reduced capacity to make good any damage they suffer because of the deterioration of their bodies and their reduced capacity to work.</p>
<p>It&#8217;s not just people: it&#8217;s a practical way of learning which you can see, for example, in your pets.  Not all of these lessons last, which is why we often repeat the same mistakes (eg: hangovers; indigestion; repeated relationship disasters).  Another practical example is the loss of confidence if you have had a mishap driving a car.  A certain degree of confidence is still necessary, so usually over time we steel ourselves to regain this confidence.  (One person&#8217;s confidence is also another person&#8217;s foolhardiness!)</p>
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		<title>By: Jim Belshaw</title>
		<link>http://skepticlawyer.com.au/2007/06/corporatisation-of-law-firms/#comment-10828</link>
		<dc:creator>Jim Belshaw</dc:creator>
		<pubDate>Mon, 04 Jun 2007 20:08:23 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/06/04/corporatisation-of-law-firms/#comment-10828</guid>
		<description>Thank you for this, Legal Eagle. I thought that you captured my arguments extremely well.

I too laughed at the litigation comment. But in combination with society's obsession with risk avoidance it does create a problem.

My daughter's school has recently installed increased security measures plus guards at considerable capital and on-going costs, costs that parents have to pay. This is but one of a series of measures over the last five years all designed to avoid risk.

As I walked around the school in the late afternoon last week looking for youngest daughter, I felt that it had become a much darker, more shadowed, unwelcoming place, effectively closing  down much earlier in the day than it used to.

All these precautions don't make me feel more secure. Instead, they make me worry about the risks that the school obviously feels are there. I also feel sorry for the girls, because it gives the school much greater powers of surveillance and control over them.</description>
		<content:encoded><![CDATA[<p>Thank you for this, Legal Eagle. I thought that you captured my arguments extremely well.</p>
<p>I too laughed at the litigation comment. But in combination with society&#8217;s obsession with risk avoidance it does create a problem.</p>
<p>My daughter&#8217;s school has recently installed increased security measures plus guards at considerable capital and on-going costs, costs that parents have to pay. This is but one of a series of measures over the last five years all designed to avoid risk.</p>
<p>As I walked around the school in the late afternoon last week looking for youngest daughter, I felt that it had become a much darker, more shadowed, unwelcoming place, effectively closing  down much earlier in the day than it used to.</p>
<p>All these precautions don&#8217;t make me feel more secure. Instead, they make me worry about the risks that the school obviously feels are there. I also feel sorry for the girls, because it gives the school much greater powers of surveillance and control over them.</p>
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		<title>By: Legal Eagle</title>
		<link>http://skepticlawyer.com.au/2007/06/corporatisation-of-law-firms/#comment-10827</link>
		<dc:creator>Legal Eagle</dc:creator>
		<pubDate>Mon, 04 Jun 2007 13:13:35 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/06/04/corporatisation-of-law-firms/#comment-10827</guid>
		<description>:-D My friend Cherryripe &lt;a href="http://gbbw.blogspot.com/2006/11/lawyers-pessimism-and-depression.html" rel="nofollow"&gt;was afraid&lt;/a&gt; that becoming a lawyer had turned her into a pessimist. Her friends had a plan to hold a dance party, and all she could think of was the legal problems which would arise if someone injured themselves on the premises etc, etc. She felt like a party pooper by raising these things...but my view (of course) was that she was very prudent and sensible. Perhaps it's because I've had to sit through hundreds of court cases where I've thought, "Why didn't someone sensible stand up and shout STOP before everything spiraled into disaster?"

We're trained from the start to check for snails in our ginger beer bottles... Maybe &lt;i&gt;that's&lt;/i&gt; why lawyers suffer from depression?</description>
		<content:encoded><![CDATA[<p> <img src='http://skepticlawyer.com.au/wp-includes/images/smilies/icon_biggrin.gif' alt=':-D' class='wp-smiley' /> My friend Cherryripe <a href="http://gbbw.blogspot.com/2006/11/lawyers-pessimism-and-depression.html" rel="nofollow">was afraid</a> that becoming a lawyer had turned her into a pessimist. Her friends had a plan to hold a dance party, and all she could think of was the legal problems which would arise if someone injured themselves on the premises etc, etc. She felt like a party pooper by raising these things&#8230;but my view (of course) was that she was very prudent and sensible. Perhaps it&#8217;s because I&#8217;ve had to sit through hundreds of court cases where I&#8217;ve thought, &#8220;Why didn&#8217;t someone sensible stand up and shout STOP before everything spiraled into disaster?&#8221;</p>
<p>We&#8217;re trained from the start to check for snails in our ginger beer bottles&#8230; Maybe <i>that&#8217;s</i> why lawyers suffer from depression?</p>
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		<title>By: marcellous</title>
		<link>http://skepticlawyer.com.au/2007/06/corporatisation-of-law-firms/#comment-10826</link>
		<dc:creator>marcellous</dc:creator>
		<pubDate>Mon, 04 Jun 2007 12:04:26 +0000</pubDate>
		<guid isPermaLink="false">http://legalsoapbox.wordpress.com/2007/06/04/corporatisation-of-law-firms/#comment-10826</guid>
		<description>Being a litigator myself, I did like:

"Being a litigator, my first thoughts were of course about how everything could go wrong."

Soooooo true!  I laughed.</description>
		<content:encoded><![CDATA[<p>Being a litigator myself, I did like:</p>
<p>&#8220;Being a litigator, my first thoughts were of course about how everything could go wrong.&#8221;</p>
<p>Soooooo true!  I laughed.</p>
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