Sidney Powell is emblematic of all that is bad and corrupt within law.
No industry should self regulate, as law does, as the conflict of interest to allow as wide and abusive and frivolous suits to exist is one that benefits the entire industry. For every Sidney Powell type lawyer menacing a corporation or person wrongly, there is a good, proper lawyer on the other side mounting the defense. Win/Win, even as your own lawyer is telling you how bad it is.
Judges are mostly lawyers and so to are many politicians, as well as the DOJ (all lawyers) so the conflict up and down the chain to actually let it be wide and abusive and find in favour of that latitude for lawyers is baked in at almost every layer that should be a check and balance.
The Law Society needs the equivalent of a civilian oversight, and perhaps a civilian lead Internal Affairs investigatory branch that can act against lawyers
These were the two major findings by the judge against Powell et al which will not move this disbarment and sanctions ahead...
Quote:
"bad faith and for improper purpose.”
...
“Further, they presented pleadings that were not ‘warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or establishing new law’ and contained factual contentions lacking evidentiary support or likely to have evidentiary support,”
Elements of these types of things exist far too often in way too many lawsuits and yet nothing it done to the lawyers.
And that is before you even get to divorce law. A pure scourge on society that the vast, vast majority of the time does not serve either party other than to take advantage of their desire to fight.
Lawyers often ending up with 1/3rd of the entire estate while the parents split a 1/3rd each.
The incentive to settle it quickly and easily is just not there.
There is no need for 99% of divorce cases to be litigated. There is very little 'unique art' that could not be dealt with prior precedent case material. There are so many divorces now the case law is vast.
Instead of allowing a costly court fight first, simply require all couples to go to mediation that will utilize current case law to render a verdict and split. You make X he makes Y your split is Z, and here is case law to split it. Etc.
Now your entire divorce is settled without a fight and with minimal cost (just a set fee).
If one party still feels so aggrieved they can still sue in court, but the judge will get to use the Findings of the mediator, and if he agrees with them and rules in line with the mediator, the petitioning party pays all the costs of litigation for both of them from their share.
Done. But divorce law is massive money. One of the biggest pillars in law so you see very few reforms in this area.