This story from Reuters, (Prime U.S. contractors wary about Iraq transition) reminded me that you just can't get away from lawyers, even when anarchy dominates like in present day Iraq. We are indeed a strange lot, lawyers. Only an attorney would even think about the liability of mercenaries "security contractors" under the "sovereign" Transitional Authority. Must be something they serve in the lunch rooms at law schools.

LAS VEGAS (Reuters) - Some prime U.S. contractors in Iraq are wary of the U.S. handover on June 30 and say there are still too many unanswered questions, from the status of private security guards to import tariffs. While their contractual obligations remain with the U.S. government, which funds their work, some big companies doing work in Iraq voiced apprehension over elements of the handover to an interim Iraqi government. Speaking on the sidelines of an Iraq rebuilding conference that ended late Thursday in Las Vegas, Perini procurement specialist John Chisholm said his main concern was the legal status of staff if there were any problems, and in particular private security workers who protect them.

This next is the real gem.

"For example, what is their (security guards') relationship with the Iraqi police? Do they have to register with anyone? That has not been answered yet," said Chisholm from the Massachusetts-based company.

Is it just me, or is this just downright absurd? In a country where there are 24 million weapons for 22 million people, and where the native security forces can count on brand new shiny AK-47 from the US of A when they sign up, the NRA loving members of Haliburton's private army want to know were they are supposed to register their guns. Too weird.

There are also legal questions such as whether a staff member who had an accident and hurt an Iraqi would be tried in an Iraqi court or handed over to U.S. authorities. "We need to know how the laws of the country apply to us," he said. "We need to be able to plan."

And you thought only Soldier of Fortune had a neat help wanted section dedicated to folks that wanted to go to Iraq to earn their kid's college tuition. Next month's American Bar Association Journal is bound to have some unique opportunities for ambulance chasers willing to travel light and don't mind desert heat.

On the issue of private security, British retired Brig. Tony Hunter-Choat, security director for the U.S.-led authority's procurement office in Iraq, said Iraq's Interior Ministry would probably issue weapons permits and register security companies. James Cartner, vice president of Iraqi operations for construction giant Fluor , which has three projects along with its British partner AMEC Plc worth $1.6 billion, said many issues were still unanswered but he was confident. "We think common-sense will prevail," said Cartner.

This guy's dreaming. If commonsense prevailed in Iraq nowadays, there would be no need for an occupation force, or even the war itself. In fact, if commonsense prevailed, why would there ever be a need for lawyers in the first place.

My Contracts professor once said that contracts were made to be broken.  This twisted piece of logic makes sense because if people were actually good for their word, why would a contract have to be written down, let alone prepared by a lawyer who is trained to think of all the possible ways to break the contract, and the consequences thereof. 

Lawyers, we prepare for the worse and hope that we thought of all the bad things possible.  Hoping for the best is for politicians.

Respectfully submitted,

Mark W. Adams, Esq.
Attorney and Counselor at Law