The Threat from Lawyers is No Joke

Imprimis ^ | March, 2004 | Walter Olson

[Bigun]

Boy is this guy Right On!

[cripplecreek]

As Ive gotten older Ive begun to grasp just exactly why the attorneys are the first to die in rebellions.

[Atlas Sneezed]

95% of lawyers give the rest of us a bad name!

(I happen to put the blame first on the juries and judges. Remember, for every silly argument, there is a judge who allows it to proceed, and another attorney arguing against it.)

[SedVictaCatoni]

A few comments:

1. The author has done a good job of confusing the problems of irresponsible LAWYERS, irresponsible PLAINTIFFS, and irresponsible JURIES. Irresponsible lawyers encourage people to sue companies. Irresponsible plaintiffs did something stupid and now want to be wealthy as a result. And irresponsible juries are willing to give away someone else's money, because, hey, companies are loaded, right?

2. The author is a little too glib with the "unelected judges are subjugating us" rhetoric. Federal judges aren't elected, but state judges are in lots of states. And in any lawsuit of the type he's discussing, it's the state judges who will define the law, even if it's in federal court.

3. We've long since reached the point of diminishing returns ("Warning: do not drink this bottle of bleach."). However, product liability lawsuits did a lot of good in the past. They used to make some insanely dangerous products, that nobody in their right mind would manufacture anymore.

[aculeus]

Down with rule by lawyers bump.

[SpaceBar]

Dick the butcher had it correct in Henry VI Part 2, act iv, scene ii.

[Bloody Sam Roberts]

Here's a little essay you might enjoy as well.

"When Absurdity Became Law"

[Spok]

Good response. Also ask the critics who they voted for in the last contested judicial election and why. Politicians get plenty of heat but judges don't. And judges ARE politicians.

[DLfromthedesert]

Thank you for posting this. I get this publication, and I passed it on to a pediatric surgeon with whom I work (I'm an RN in a NICU). One of her partners will have no malpractice insurance as of April 1.

[mongrel]

Could we have a class-action lawsuit against the unethical trial lawyers? Maybe that would stop them.

[Fiddlstix]

[Bloody Sam Roberts]

A good sentiment. But I like this advice from Dick better:

But methinks he should stand in fear of fire,
being burnt i' the hand for stealing of sheep.

Good ol' fashioned justice.

[chris1]

I am a collection attorney and will tell you that it starts with people. The problem is the growing number of people who believe that others should pay for every mistake that they themselves make. I hear excuses every day by these same people why they should not pay for services provided on their behalf. Its terrible, and your right, Judges and silly juries are mostly to blame. If Plaintiff lawyers did not know they had a friendly ear to bring the case before, they would never pursue it.

[i_dont_chat]

In Texas, a woman dentist who found out that her dentist husband was cheating on her ran him over in a Hilton parking lot. We used to see clearly that it would be wrong in such a case to sue Hilton hotels for negligent training of employees – thus for making it too easy for wives to run over their cheating husbands. But that’s what happened.

The author significantly misrepresented WHY the Hilton Hotel was sued because of the actions of its employees.

If the employees had called the police when Mrs. Harris physically attacked her husband's lover in the Hotel Lobby, the evening would have ended quite differently. In fact, it was the hotel's employee who literally placed Mrs. Harris behind the wheel of her automobile -- when she was clearly too upset to be driving.

I see fault with how Hilton's employees handled this explosive situation. I believe the hotel's management was correct in admitting negligence in the training of their employees.

[Oberon]

I happen to put the blame first on the juries and judges.

And voir dire makes it possible to select a jury worthy of blame, does it not?

[Codeflier]

Hilton would have been sued if they had refused to let her drive.

[KevinB]

The article displays an embarrassing lack of understanding on the part of the author. I'm not going to address every misstatement in the article, but here are a couple of points to consider:

1. Most of the lawsuits he mentions went nowhere;

2. In a majority of states, contributory negligence is the rule. This means that if a plaintiff is found to be even 1% responsible for his damages, he/she gets nothing.

3. Recent rule changes have actually, in theory at least, made it more, not less, difficult for lawyers to bring frivolous lawsuits.

4. Broadened discovery rules make the litigation process more, not less, fair to all litigants. Shouldn't a defendant in a slip and fall case be able to discover whether the plaintiff had had treatment for a previous neck injury?

5. If you want to blame someone, blame judges (for not granting sanctions in more cases) and juries (for making ridiculous awards), not lawyers.

I know it's good sport to bash the legal profession, but I can honestly tell you after twenty years of law practice that 90% of lawyers work hard to hold themselves to a higher standard.

[atomicpossum]

Some points of mine, FWIW:

1. Costs to industry and medicine go beyond settlements and awards. There is also the cost of defensive behavior designed to eliminate chances for suits. This is an every day expense and factors in all costs we, as consumers, pay.
2. Litigation, the argument goes, is such an onerous burden that it will cause people to be more careful-- but the actual argument for that premise admits to the increases in cost that it inflicts on the system, which, of course, we all pay. Where do we draw the line of cost vs. benefit? Health care, it seems, has already gone far beyond that point...
3. If it makes money, it will attract more of that activity. If lawsuits become profitable, an entire class will (and has) developed to do nothing else but sue....regardless of the merits of the case.
4. How is paying a settlement on a meritless case any different from paying the Mafia protection money to keep from burning down your store?

Can we form a class-action suit against trial lawyers for the costs they've inflicted on us all?

[atomicpossum]

All hail the NICU staff, longsuffering, dilligent, and appreciated only by we lucky few.

[Bigun]

:>)