A prospective “junk suit” client comes into an attorney's office and presents him with the suit he wants the attorney to pursue.
The attorney looks at the case, reviews it, does a little instant research and says to the legal thug “You don't have a case. You can't sue.” Case closed-—PERIOD!
Another scenario is that the prospective client comes into the attorney's office and the same routine is followed but the client is told “I feel confident that you have a case. I will represent you.”
Now, just how wrong is that????????????????????
If you need to find dishonest attorneys simply go to the two page ads in your phone book, look at billboards on the road and listen to the commercials on TV.
Need to find honest attorneys, simply look for normal sized advertisements in the phone book, NO TV ads, and NO BILLBOARD ads on the road.
Tort reform is well overdue and this is only a baby step. Much more has to be done so that the honest citizen who is damaged can recover in court verses the legal thug who splits 40/60 with his greedy and dishonest attorney by either winning a lawsuit on legal jousting (not whether the case has been proved) or by “shaking down” the defendant by simply making them settle out of court because it would be cheaper than actually protecting themselves.
Our legal system is simply an extortion system!
Or, the attorney takes on the case with no hope of winning or even getting an out-of-court settlement, simply to get fees from the plaintiff - who may not even realize that he has a bad case. So my proposal is not for a 'loser pays' system, but for a 'loser's lawyer pays' system.
It's fun watching lawyers explain how this is a terrible, horrendous, impractical, unjust, unworkable, dead-brained really bad idea.
How many times have you filed a lawsuit?