The Disaster of Legalthink

I know a few lawyers and like them, as it happens. My hackles rise only when they head off to Washington to run the country. When you put too many of them together in positions of power...for me it gets dicey.

In our president you see the lawyers' lawyer; Harvard Law School and #One at the Law Review. The first African-American to get the job. Wonderful.

But now he is President, and I learn that in this time of huge unemployment,in his administration only eight per cent of appointees have business experience. That got me wondering what percentage of his appointees are lawyers. I don't have that figure yet, but I will surely be back here when I get it!

For now I will tell you I have significant mistrust of 'legalthink'.

'Legalthink' is a general mindset, based on legality, that has, I believe, caused a very large part of american business failures abroad---past, present and future. In essence it says "We'll show the world what a legal system should be!" For better or worse!

The Foreign Corrupt Practices Act is the first example I think of.In simple terms for American companies abroad, it means they cannot bribe. Sounds moral, sounds right somehow. Ah, but what if all their competitors are NOT american companies? All it does then is lower the bribery cost to them, giving them the competetive edge. And what if the country in which you are doing business has a culture that incorporates bribery into the working of everyday business? Are you not then waving a flag of moral superiority in their face? I remember one US embassy official telling Congress at an FCPA hearing that if he answered their questions he would immediately be declared persona non grata by the country he served in.

'Legalthink' is what is bringing KSM to trial in Manhattan. It is Mirandizing enemies on the battlefield, a big part of the 'Close Guantanamo' decision, and it is part of the insanity that has us trying those three Navy SEALS.

It is too many lawyers in Washington! More on this when I get that percentage figure.