Let’s Deregulate All the Lawyers

The NY Times ran an opinion article by Clifford Winston, who promoted his book, First Thing We Do, Let’s Deregulate All the Lawyers. If you think this may be a good idea, please go to Wikipedia and look up a famous Texas lawyer, John Wesley Hardin. There is nothing new under the sun.


John Wesley Hardin is better known as a Texas gunfighter, who killed 42 white men. It may sound a bit racist, but he did not count the black men, Mexicans, nor the Indians that he killed. The story is about murder, gun fights, outlaw gangs, arrests, escapes, and more gun fights. He was finally captured and held long enough to stand trial, and got a 25 year prison sentence.


For 5 years, a bad attitude and attempted escapes could describe John Wesley Hardin. After that, he settled into prison life, was superintendent of the prison Sunday School, and studied law. After 16 years, he was paroled, went to Austin, and passed the bar exam. After another killing or two, (you know how these little misunderstandings can happen), he went to El Paso to practice law.


One can imagine the impact of a demand letter from John Wesley Hardin. 
“Sir, I represent Tom Smith.  You signed a contract with Tom Smith with regards to a cattle sale, and owe him $2,000.00. Demand is made that you pay him the money within 30 days.
Your failure to pay the money due will disappoint Tom Smith, who will become your enemy and 
I will remain,
Sincerely yours, John Wesley Hardin. 
P.S. Don’t make me send a messenger for you to meet me at my saloon to discuss this.


My first senior partners’s grandfather was a lawman in Comanche County, Texas, and was with the posse which captured the Hardin gang, and hanged them. (Lynch is a such an ugly word.) John Wesley Hardin was away at the time, but his brother was hanged.  Years later, when the grandfather was in El Paso on business, John Wesley Hardin sent him a messenger to say that “All is forgiven and please come down to the saloon for a drink, tonight.”
Grandfather stayed at his hotel.


The NY Times does not know everything. 


We have been down this road before. Let’s keep a few rules about who can practice law. Let's keep a few rules about how we practice law.