The Economics of Law

The legal system today seems to reward those with wealth and punish the poor. The Enron executives and Martha Stewart both received laughable sentences in light of the seriousness of the crimes.

Yes, the O J Simpson trial showed that race was not the determining factor in the verdict of guilty. Orenthal proved for modern Americans that no matter what crime you are charged with if you have enough money you can purchase an acquittal. Do not think that I believe in O J’s innocence or guilt I will share my thoughts on that another time.

The Enron boys ending up with nominal fines and sentences in comparison to the Billions of dollars stolen, thousands of retirement funds dissolved and one state driven to the brink of bankruptcy. Martha received the minimum time served (10 mos) and the maximum fine levied ($30,000) for lying to the government. These punishments show that money even if it is obtained illegally can keep you from serious consequences.

I have used this theory often when handling my own personal legal issues I know that a couple hundred now saves me from years of insurance rate hikes due to various tickets, all for ‘non-moving’ violations. The place that I find the biggest problem with this is in the family court arena.

I watched for years, as my father’s attorney would take to task the various low-cost spineless attorneys hired by my mother. My father’s earnings as a professional engineer allowed him to hire what he considered to be one of the best in the business ‘honorable J. Noble Dagget’. While my mother’s earnings never exceeding $20,000 (including the erratic child support & maintenance assessed by the courts), was not able to afford the benevolent attorney who helped her achieve her initial settlement. Nor was she able to afford much of an attorney after his passing. This led to a series of marginal settlements that never were sufficent to provide for three children as their father flew around the country running his business.

As I went through my divorce, I hired the ‘honorable J. Noble Dagget’ and I realized that he was not the attorney I imagined. He appeared cool under pressure, he manifested all the answers at the perfect time, he looked unbeatable. Yet, when you put Bob Horner against Andy McGaffigan, he will look like Babe Ruth. See: Bob Horner : 4 Home Runs in 1 Game This is how "lawyer Dagget" faired as well against my moms series of Andy McGaffigans.

I see repeatedly as single mothers who do not earn what their former spouses earn are taken to court and lose. They do not get what they need to raise the child in a lifestyle they should be afforded. Many of these women have to struggle to achieve a college degree or to advance in their careers they desperately need to provide for their children.

The ultimate loss though is for the children they live in the middle of this tempest and are often used as pawns by the parents to get back or hurt each other. They are poisoned by one or both parents against the other parent.

Is the mother always in the right? Absolutely not, yet it is proven women do earn significantly less than their male counter-part. It is an economic discrepancy that I believe ads fuel to the fire of the burning tempest that is family law.