Why is it even there? And if there has been alot of discussion on it before than it seems like a fault in design.
Loaded question. Do a search here on THR and you'll get lots of opinions. Many hate it and discuss it
ad nauseum for any number of reasons - what it represents (an American archetype caving into political correctness), for aesthetic reasons, and/or for fear of a lock-up. Others don't care.
As far as a "design flaw", that's another area of debate. Some admit that had it been introduced under different circumstances, or decades ago, like a hammer block or transfer bar, we might think it perfectly normal today. Others see it as an additional and unnecessary mechanical linkage that can/will cause problems at some point. I haven't had much interest in doing the digging, but I understand the documented instances of lock-up are very rare. Your troubles, for example, don't seem to be related to the lock, but rather the need for a good cleaning.
So while cleaning and lubing if I take the side plate off the RIGHT side how do I disengage the lawyer doohicky?
Again, I'm no expert, but I understand you can disable it by Dremeling off one little metal tab. Use the search function. If this is a CCW, though, my advice would be to first look into any liability issues regarding the disabling of the lock. Maybe it's a non-issue, but it'd be a good idea to look into it so you can be comfortable with your decision.
BTW, if you decide to remove the sideplate to mess with the lock or clean/lube the action, there's a right way and a wrong way to do it. Again, use the search function for more info. And use the correct screwdrivers.