# Lawyers Are Not Engineers!!!!!!!!

**URL:** <https://boards.straightdope.com/t/lawyers-are-not-engineers/115621>\
**Category:** The BBQ Pit\
**Created:** [June 24, 2002, 12:39am UTC](https://boards.straightdope.com/t/lawyers-are-not-engineers/115621 "2002-06-24T00:39:43Z")\
**Posts on this page:** 3\
**Page:** 7

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**Author:** ![lucwarm](https://avatars.discourse-cdn.com/v4/letter/l/e19adc/32.png) [@lucwarm](https://boards.straightdope.com/u/lucwarm)\
**Post date:** [July 1, 2002, 9:59am UTC](https://boards.straightdope.com/t/lawyers-are-not-engineers/115621/121 "2002-07-01T09:59:08Z")

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I suppose I’ll try to finish this “train” hijack so people can get back to ranting about stupid warning labels . . . .

I’ll do it by attempting to answer my own questions.

> [@](#):
>
> \*Originally posted by lucwarm \*  
> \*\*
> 
> So as a litigator, you would know whether or not there is a rule in your jurisdiction regarding destruction of evidence relevant to pending or threatened litigation. Is there or isn’t there?

\*\*

I’m assuming that there is such a rule in **Muffin** ’s jurisdiction, since it’s such a logical thing to have in place.

Thus, **Muffin** ’s argument that “Sending letters admonishing the defendant to preserve evidence is nice but has no power behind it” is incorrect - sending such a letter has just as much power re: spoliation as does filing an actual complaint.  
\*\*

> [@](#):
>
> Yes, but exactly how does filing a complaint a week earlier help matters?

\*\*

The answer is that in most cases, it doesn’t make a damn bit of difference. Plaintiff’s class action firms file fast in hopes of being appointed lead counsel. As another poster pointed out, lead counsel = more money.

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> [@](#):
>
> Does there have to be a suit pending for you to get these sworn statements? \*\*

I’m guessing that there doesn’t have to be a suit pending to get affidavits. Anyone is free to sign a sworn statement voluntarily. To compel such a statement takes time.

So **Muffin** ’s suggestion that these affidavits are a reason to file fast doesn’t make any sense.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [July 1, 2002, 3:18pm UTC](https://boards.straightdope.com/t/lawyers-are-not-engineers/115621/122 "2002-07-01T15:18:08Z")

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I’ve heard people talk about “a train wreck of a thread,” but this is ridiculous.

Daniel

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**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\
**Post date:** [July 1, 2002, 4:18pm UTC](https://boards.straightdope.com/t/lawyers-are-not-engineers/115621/123 "2002-07-01T16:18:57Z")

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The typical consumer’s reaction to these warnings is: ``What kind of moron would do THAT?’’

The incomparable Dave Barry says, regarding warnings:’

> [@](#):
>
> [T]he reason these warnings exist is that somewhere, some time, some consumer with the IQ of a radish actually DID one of these bizarre things, and got a lawyer, and sued, and a jury made up of people whose understanding of economics is based entirely on grocery coupons decided, what the heck, $300 million sounds about right, but let’s not tell the judge right away because first we should order a pizza.

That’s my experience of it in a nutshell.

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