“Follow the Leader” can be risky

Randy bears a remarkable resemblance to Sean Connery (the original 007 James Bond).

Late one night he was driving a group of scuba divers on a trek to Florida… convoying behind another van down I-81.

In the midst of a conversation, he took his eyes off the road, and when he looked up all seemed well, as he followed the leaders’ taillights. He was unfamiliar with the route, but what could go wrong if he kept pace?

They departed the highway, zig-zagged through the dark countryside, and finally pulled into… the driveway of an alarmed local citizen.


It seems that Randy had trailed the WRONG vehicle for lots of miles... and now was confronted with an awkward situation. The fact that he looked like a famous spy couldn’t have helped.

If you want to get someplace, follow the right leader. We sometimes seem to lurch along, struggling to identify and accomplish goals.. Part of the problem is that we have somehow fallen in behind the wrong leaders.

Lawyers have slithered into a leadership role, and that doesn’t bode well.

Forget (if you can) the fact that a huge percentage of legislators are attorneys… and think about the impact that litigation, or the threat of it, has on modern life.

Innovations like Automatic Stability Control weren’t available in the US for years after other nations had them… because domestic manufacturers feared lawsuits if it didn’t work perfectly, or if it did.

Drug companies often refuse to develop vaccines unless they’re indemnified, and every product has to be “idiot proof” before coming to market. That reduces society to it’s lowest common denominator, frustrates Darwin and pounds innovation into pablum.

It’s hard to prove the negative, but imagine what innovations we’ve missed because manufacturers feared marketing them. How many lives have been lost because new drugs and technologies have withered out of fear that they were only good... not perfect? Is it possible we’ve killed MORE people by playing it safe?

The space program produced tons of useful technology because they kept their eye on the ball (Moon pun intended). Safety was important… but only part of the equation. “Avoiding mistakes“ wasn’t their goal.. they were reaching for the stars.

Lawyers are great at second guessing... telling the folks who actually produce... what they should have done. In fairness, we need them to hold us accountable for those times when we REALLY should have known better. The problem comes when they evolve into a leadership role, with no real stake in the outcome.

Lawyers never concede that sometimes bad luck causes problems… we should have somehow predicted the meteor that struck our bus.. foreseen that 10 years after we bought a coach... seat belts would become available.

If they’re so good at predicting the future, perhaps they could make more money picking stocks… and leave us alone.

We bear some responsibility too. We’ve come to believe we’re entitled to safety… and it’s someone else’s responsibility. If something bad happens… it MUST be “their” fault… track them down and sue them.

Starbucks is being sued for millions because they put too much ice in their coffee? Golly… if you feel that way, there are other purveyors of iced coffee.

When Shakespeare said “Kill all the lawyers” he was actually pointing out that the rule of law is important. If you want to destroy a culture… get rid of lawyers.

At their best they play a valuable role… keeping us honest, and occasionally defending the downtrodden. It’s when we let them lead, ahead of entrepreneurs and engineers, that they become back seat drivers.

Less litigious societies can innovate quickly. We need balance to compete effectively.

It feels like there are too many lawyers chasing too few legitimate grievances. Lacking legitimate cases, they migrate towards gray areas and hope defendants settle.

In a sense they’re like Lemmings. When the population of these arctic rodents swells to the point that there isn’t enough food… they head for greener pastures. According to legend… they sometimes follow their leader over cliffs, en-masse.

As usual… I have few solutions. It might help if, when we are convinced we’re right.. engage, rather than settle, lawsuits. Changing the system so that the loser in litigation pays both sides court costs… might discourage frivolous cases.

Charles Carroll was both a lawyer… and signer of the Declaration of Independence. He signed as “Charles Carroll of Carrollton”… to make sure that, if things didn’t work out, the British would hang the right guy. He had skin in the game… took real risks for a worthy goal... and accepted the consequences that come with leadership.

Society needs to follow leaders whose vision is bigger than “avoiding risk”. The real danger isn’t having lawyers… it’s depending on them for leadership.





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