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Wednesday, April 09, 2008
John Stossel :: Townhall.com Columnist
Bullies
by John Stossel
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The businesses that pay may have done nothing wrong. Once an attorney has rounded up lots of complainants, it's not hard to terrorize companies into settling. They could fight and maybe win, but that distracts managers from what they ought to be doing. And they might get a bad jury and lose the entire company. It's safer to settle.

Our legal system invites lawyers to act like bullies. Only in America can I sue you for dubious reasons, force you to spend thousands of dollars on lawyers (not to mention the psychic costs -- the anxiety and lost sleep that lawsuits create), and when a judge rules that my claim is bunk, I don't even have to say "sorry." I can blithely move on to sue someone else. In other countries, I would have to pay your legal fees to at least compensate you for some of the financial damage I caused. "Loser pays," it's called.

The trial lawyers have even gamed the language. They call "loser pays" the "English Rule," as if it's some weird British law. But it's not. It's really the Rest of the World Rule. America is the odd man out because we rarely punish litigators who misuse force.

Litigators fight for a living, day after day. Practice makes perfect. They get good at winning. Because of their clout, "loser pays" never gets though the legislature.

So the lawyers go on bullying. After Friday's "20/20" piece on lawyer bullies, viewers sent comments like this one:

"After a real estate deal fell through, the owner of the property, a lawyer, sued me for $25,000 in damages. After two years, I won a summary judgment, which he immediately appealed. We are still in litigation over this, and there is nothing I can do to stop the process. I have offered settlements all along the way, but at this point I have paid more for my mandatory defense than the entire case was worth. If that's not bullying, I don't know what is. He continues to do everything in his power to prolong the case, knowing full well what it is costing me. By the time this is all over and I 'win,' I will have spent $35,000 and dealt with the stress of the case for more than five years. We are a modest, middle-class family. What was once the hope of being able to pay for my children's college education now lines a lawyer's pockets. I have had no recourse but to take it."

America needs judges willing to say no to the lawyer bullies. America also needs "loser pays." Otherwise, the parasites will bully away your money and your choices.

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About The Author
John Stossel blogs at http://blogs.abcnews.com/johnstossel/ is an award-winning news correspondent and author of Myths, Lies, and Downright Stupidity: Get Out the Shovel--Why Everything You Know is Wrong.
 
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©Creators Syndicate
blame the Common Law
We adopted the common law when we broke from the British. 200 years ago, it was less of a problem -- life was not so complex. Now, it is scary to have a judge and jury decide complicated situations.

Conservatives, don't really understand this point. Great Britain has adopted some of the reforms that conservatives seem to like.

The continental European system is better at determining civil liability. While it might appear to be bureaucratic -- an educated bureaucrat in a specified field is often better at making a decision than a layperson who might like particular witnesses better.

Law and Greed
See Aristophanes' comedy THE WASPS, where the central character loves lawsuits so much because he wants to be a juror!
(The legal system in Athens in the 4th and 5th century B,C, had judges and jurors, but no lawyers. Plaintiffs and defendants had to argue their cases themselves before the jury. An example of a defense is Socrates' defense (Plato's Apology, an eyewitness account) against the charges brought by the plaintiffs, Anytus, Lycon and Meletus, that: "Socrates corrupts the youth and does not believe in the gods the state believes in, but in other new spiritual beings." (Apology, 24 C, Fowler trans.))
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