Thought Provoking Law Quote: Judge Jerome Frank

Federal Court of Appeals Judge Jerome Frank was one of the leading writers in the Jurisprudence of Legal Realism. His 1949 work, Courts on Trial, is still relevant today as a critique on the ability of our trial system to effectively dispense justice.  From Chapter 6 of that work, The "Fight" Theory vs. The "Truth" Theory:

In short, the lawyer aims at victory, at winning in the fight, not at aiding the court to discover the facts. He does not want the trial court to reach a sound educated guess, if it is likely to be contrary to his client's interests. Our present trial method is thus the equivalent of throwing pepper in the eyes of a surgeon when he is performing an operation.

                                      -Judge Jerome Frank, Courts on Trial, 1949