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It incentivizes lawyers who prefer expensive lawyering.

Competence is an orthogonal question.

Lawyers are basically mercenaries engaged in trial by combat, abstracted to an exchange of relevant facts and opinions.

It's not obvious that a battle between mercenaries is the best way to get a just result.

Considered systemically, lawyers also control legislation.

While it would be better for consumers to have much stronger protections, the people who make money out of weak protections are not incentivized to argue for stronger laws which would reduce their billable hours.



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