Vladimir_Nesov comments on Open Thread: November 2009 - Less Wrong
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You seem to be engaging in motivated skepticism.
Consider how much easier it becomes to get a good professional support for the poor side in Eliezer's setup. There is just too much trouble with "underground" professional representation. A significant portion of expensive lawyers may simply not like the idea of going "underground", because it hurts their self-image and lowers their status within the community of "white-book" lawyers.
Respect trivial inconveniences.
You're right, I was deliberately playing devil's advocate. I should reconsider how likely the failure mode I described is, although I do believe its probability isn't very small.