Almost? Any slight by any figure in any fashion has now become a money machine lawyers to fleece the public. Need a new Escalade...sue for it. We LOATHE these parasites. Sorry if you are one, but if you are, we think you deserve to be urinated on publicly. I understand there are good lawyers defending people...but they are few and far between. If you are, I thank you. Also, if you are, go club a nearby ambulance chaser...we need the help.
1. Very biased juries. All businesses are afraid of going to the jury.
2. Cowards on defense. Most cases are settled out of court. Plaintiff's love that. Defendant's love that because they it is a safe gamble. Attorneys love that since it is money for less work. Judges really love that because it reduces their dockets.
3. Television - I remember in the mid 1980's seeing the first attorney commercials. Sam Bernstein. He's so well known in these parts than when someone says "Call Sam!", everyone knows who Sam is. Small Claims Court shows on TV showed people getting sued. People's Court, etc. Combine Sam and the court shows, and you get what you get today.
4. Judges. Not all judges, but most judges are bound by precidents set by above courts. Most tort law is common law, also known as judge made law, which dates back to 1700's England. Judges that set litigious common law reward plaintiffs.
5. Contingency fees. In many major tort cases, a plaintiff pays the attorney by a percentage of the earnings. The justification in this is that some plaintiffs who could not afford an attorney otherwise can now do so. The counterpoint is for obvious reasons.
6. Plaintiffs. Sam Bernstein doesn't get work unless there's a client. A good lawyer tells a prospective plaintiff the possible scenarios and foresee what would likely happen. The lawyer works for the client, not the other way around. If I do not act in the best interests of my client, I'm liable for a lawsuit myself - malpractice.
On a side note, ambulance chasing IS illegal. Lawyers or their agents can not solicit a client. Doing so is cause of being in trouble from the bar association of that state.
Now while I do not care for the over-litigiousness when it comes to neglegence torts cases (the big money), I do wish there are more penalties for breaches of contract. To me a contract is a promise, and people should keep their promises.