Chen Weihua

Too many lawyers spoil the law

By Chen Weihua (China Daily)
Updated: 2011-02-15 07:55

It is often said that there are too many lawyers in the United States, and I have started to see that for myself after living in New York for just 16 months.

My colleague, who believed I was ripped-off by a Yellow Cab driver, suggested I should lodge a complaint. So I did, mostly out of journalistic curiosity. I submitted my case in a letter to NYC 311, the institution that handles the disputes.

A few weeks later, I got a letter asking if I was willing to attend a hearing about my case on the phone or in person. Appearing in person was said to increase the chance of success.

I said in person, again out of curiosity. However, two months have passed and I haven't heard a thing.

What is interesting is that the original NYC 311 letter stated that even if the hearing finds that I was overcharged by the cab driver, I won't receive any compensation. The penalty from the taxi firm will go into the city's coffers. If I want my money back, I have to file another suit against the taxi fleet in a civil court.

I am not sure now if I want to satisfy my curiosity by pursuing the case, given the time and cost that might be involved. It is certainly going to cost more than my fare from the airport.

Lawyers are one of the largest professional groups I have come across in New York and I am beginning to see why, as they are not only involved in my cabbie case, they are also involved with my subway card after it was swallowed and a different one of no value returned at a downtown station on Thanksgiving Day.

When I called from the station, a Metropolitan Transportation Authority (MTA) supervisor, who could clearly see me on the surveillance camera, took down my information and said she would request a repayment for me.

After two months, I finally heard back from MTA. It was a letter saying that if I want to get my card back, I should fill in an affidavit and have it notarized before sending it to the MTA to claim compensation.

Is it really necessary to go to a notary or even write an affidavit since the surveillance camera and the fare system should have recorded all the information needed for my case? A notary service will cost more than what I had on the card.

Perhaps I am just not used to that kind of rule of law. China, after all, has only 170,000 licensed lawyers for a population of 1.3 billion. The US, on the contrary, has more than 1 million lawyers, averaging one lawyer for every 265 Americans, the highest in the world. And that does not include some 45,000 graduates turned out by law schools every year.

But clearly many lawyers are needed when every state has different laws. They are even different on the two sides of the Hudson River.

And just as there are always enough cars to fill any road space, there are always enough lawsuits to keep all the lawyers happy. China definitely needs more lawyers to build a society ruled by the law. But I am not sure if we really need lawyers to settle every daily nuisance.

As Chinese writer Lin Yutang once said: When there are too many lawyers, there can be no justice.

The author is deputy editor of China Daily US edition. He can be reached at chenweihua@chinadaily.com.cn

(China Daily 02/15/2011 page8)