RE: Law, Lawyers and Liberty (Was: College major advice)

From: Smigrodzki, Rafal (SmigrodzkiR@msx.upmc.edu)
Date: Tue Apr 02 2002 - 06:44:38 MST


Zero Powers [mailto:zero_powers@hotmail.com] wrote:
 
is our litigious society, not the lawyers or their number. Blaming
litigiousness on lawyers is like blaming forest fires on firefighters.
Lawyers can't litigate with having clients (most of whom are *not* lawyers)
who are involved in litigation.

### reality is more complicated. Tort laws and the erosion of contract law
(under the control of some illustrious legal theorists, and spurred on by
the rank-and-file lawyers) created a situation where enormous economical
incentives exist for both lawyers and plaintiffs to attack. If you can
afford to sue ten times and the windfall from one well-placed wrongful life
action defrays the costs, including local TV ads, it's no surprise that
leeches come to feed.

A tort reform, and institution of a "loser pays the legal costs" rule, would
come a long way to improving the situation.

Rafal



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