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Wednesday, April 16, 2008
John Stossel :: Townhall.com Columnist
Market Magic
by John Stossel
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"Stossel, who often touts his belief in 'market magic,' attacks lawyers who represent consumers and others harmed by corporations, and wants instead to let corporate America police itself. This is the same corporate America that today is making the dreams of millions of Americans 'disappear' in the form of home foreclosures and job losses. ... "

That's what a class-action lawyer (who boasts he recovered "more than $2 billion in cash for average everyday American consumers") wrote to the Wall Street Journal in response to my op-ed about the parasite circus of class-action lawyers who practice legal extortion.

As I expect from litigators, his letter was aggressive, well written and convincing. And he was right about my belief in "market magic." That's the biggest lesson I've learned in 35 years of consumer reporting: The market performs miracles so routinely that we take it for granted. Supermarkets provide 30,000 choices at rock-bottom prices. We take it for granted that when we stick a piece of plastic in a wall, cash will come out; that when we give the same plastic to a stranger, he will rent us a car, and the next month, VISA will have the accounting correct to the penny. By contrast, "experts" in government can't even count the vote accurately.

That's why I talk about market magic.

But I digress. The class-action lawyer, like so many who go to law school, gets the big stuff wrong.

I have no problem with lawyers representing people who are truly harmed by corporations. I'm against a system that can encourage lawyers to enrich themselves by manufacturing grievances and allows them to force even innocent companies to surrender big bucks in settlements because the cost of litigation is so great. I'm against a system that doesn't require a losing plaintiff to pay the winning defendant's legal expenses -- a system used by most of the world because it weeds out frivolous litigation.

The lawyer accuses me of wanting to let corporate America police itself.

Nonsense. Market competition polices companies -- and it does so far better than regulation and lawyers ever will. If GM offers shoddy or overpriced cars, competitors will clean GM's clock.

Nothing keeps a company honest and efficient like the threat of other companies coming along and taking its business away.

The lawyer's sophistry continues as he blames corporations for "making the dreams of millions of Americans 'disappear' in the form of home foreclosures and job losses."

This is more nonsense. Yes, some Americans (2 percent of those who had mortgages) suffered foreclosures, and some jobs disappeared (80,000 last month). But the lawyer and other anti-business hysterics in politics and the media never acknowledge that corporate America built those homes in the first place. It was corporate America that made homeowners' dreams possible by giving mortgages to the 98 percent of homeowners who haven't defaulted. It was also corporate America that created 25 million jobs over the past 15 years.

If the lawyers and eager regulators have their way, they might eliminate some of those bad mortgages. They also might prevent companies from firing 80,000 workers. But it's not worth it. Their freedom-killing "consumer-protection" rules and lawsuits crush innovation in a thousand ways. They stifle business creation and deter homebuilding. For every person they help, they hurt a thousand. If they got their way 15 years ago, most of those 25 million jobs would never have been created.

Yes, America now may face a recession. Maybe. But when people are free and capitalism is allowed, there will be "over-exuberance," followed by contractions. That's why it's called a business "cycle."

That creative destruction is what creates American dreams while, yes, allowing some to disappear.

Americans achieved a living standard that is the envy of the world. It is the direct result of the large degree of economic freedom we have enjoyed. Unleashing the lawyers to "protect" us will kill many, many dreams.

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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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Market Magic
If John Stossell is such a fan of free markets, then what does he think of the homebuilders and lenders whining for a multi-billion dollar bailout by congress (at taxpayers' expense of course)? This is the industry that helped create a housing bubble, toxic loans, appraisal fraud, etc. In a free market such businesses wouldn't get a dime, they'd go under, as they deserve to if they were not at least smart enough to save for a rainy day while they raked in huge profits during the boom years. Any individual consumer would be expected to be "personally responsible" and "do their homework," so why is the industry allowed to whine that they're the "victims," and that "no one could see the bust coming?" There were warnings of the bust years in advance, and anyone in the industry is full of it if they claim they were ignorant or victimized.

Cindy
I can't speak for Mr. Stossel, but my guess is that he'd want those companies to take the hit themselves and have not a penny of taxpayer money go to them. So do I.

But what I find hysterically funny is how quickly liberals scream, in self-righteous indignation, about "taxpayer money" when it is used to do anything other than provide entitlements, pork and (bennies for government employees). It's always "tax cuts for the rich," or "government bailouts" otherwise.

Pointing out facts such as that the government makes more profit on gasoline sales than oil companies do, or that the federal government alone spends well over $10,000 per year for every man, woman and child in America - that's $50,000 for a family of five - and most of it is wasted.

Just to set the record straight, Cindy
The "multi-billion dollar bailout" you refer to is actually a tax REFUND which would allow housing businesses to charge off their current losses against the huge profits made several years ago. Many economists believe that businesses should not be taxable entities. Only the profits when passed through(down) to individuals should be taxed. This would allow business to keep profits on their books without being taxed on them. Thus, the saving for a rainy day...

magic vs. causality
The business cycles are ultimately caused by government, not capitalism. When we had less government interference in the banking system and economy in the 19th century, the booms and busts were much flatter.

Mr. Stossel, please ask yourself what damage will be done by the Counterfeit Cowboy's climate change proposals to be announced today and then report back to us. I'm so mad I could spit.

"Loser pays" sounds good...
...on it's face,but we have to understand that there will be injustice in that system also.If you buy a shoddy product that does some kind of damage to you or your family or property,and you want to go up against a large coorporation,what hometown lawyer is going to take your case without asking for a lot of money from you in advance? He will have to go up against the best paid lawyers in the country,the top of their classes in law school,and if your lawyer spends his time and his office staffs' time on your case,who is going to pay all that expense if you lose?.The coorporation has the money and the talent and the connections to delay,delay,and delay.

And if you lose the case,can you afford to pay the coorporation's expenses,maybe hundreds of thousands of dollars?If not,be prepared to lose your house and your income for the rest of your life.

I have come to the conclusion that their is no justice in this life,only the next one.

And don't forget, Cindy, ...
that those sub-prime loans were both encouraged and semi-coerced by our legislators. That's right, help the little guy who doesn't make enough money through creative financing (read "accident looking for a place to happen).

This housing boondoggle is a tirumvirate of evil, so to speak, where government, business, AND consumers cast off good economic sense to do what some felt "was the right thing to do." Ummm, obviously not!

Another case where, if the market were left alone, without the coersion of government, we more than likely wouldn't have this mess.

Legalistic bullies
Thank you, Mr. Stossel for the good work, and for your willingness to express a perspective that many of us share. I think it is rather ironic that it is through the free market system in this country that many of these lawyers can profit handsomely by launching what in many cases seem to be unnecessary attacks on our businesses.

Business Does Not Pay Taxes
Period.

That is a fantasy of the ruling class.

Our legal system is HORRIBLE
But every other system is worse.

Nam 65
What you described is exactly what happens now, it is not an effect of loser pays.

Nothings perfect, but loser pays discourages drawn out preceedings because it just adds to the moneys that the loser will have to pay.

Additionally, typically a judge can decide if a case is meritorious or not in the event that a plantiff becomes incapable of continuing a case for whatever reason. The plantiff would not be held responsible for legal fees if the case was meritorious.

Every other system is not worse.
I believe in American exeptionalism, but come on now. We are talking about tort law, lots of other places to it better.

cunning lawyers and gulible judges
Lawyers are either extremely cunning or judges are gullible.

What makes the legal system a travesty is that the judges fall for inane arguments from the lawyer. They sue for any little thing and the big corporations settle out of court because it is too expensive to defend to completion. They pay the extortion to get the predatory lawyers off their back.

With loser pays, these lawyers go away.

Maybe there should be a separate board to judge frivolous claims and then make them pay for the costs.

The problem is? Big Government Social
The problem is ... Big Government Socialism ... that being exactly where this country is headed is like Hoping Water and Oil mix .
The hope it will mix part comes from us Capitalist minded Conservatives . The hope it doesn't work part comes from the Oboma's and 90% of all Socialist Liberal;s .
Those last two DNA breeds comes from a life long hate of Co.s unless their support their Socialist causes like Bill Gates and the way over paid Hollyweird crowd .
When you raise Co. taxes (we pay 35 % the second highest if the world but Oboma wants to raise ) raise the capital gains , lower the investment tax credits all CO.s Big and Small down so
all Co.s lay off employee's .
On those on the left want to "decide " what is too much for a CEO to make ?
Then how about Opera is is a Billionaire or Hollyweird Air heads that often get 30 Million a movie for a Hour forty minute bad movie .
When Governments is taken over bye Socialism this Country will turn out to by a broken France model .Yet all Liberals and Socialist want to be like France . Just remember when you here that stupid rant it comes 90% of the time from the media , lawyers , Academic's ,Politicians un-knowing College kids and Union leader nuts !

Nam65-66
Nam65-66 writes: Wednesday, April, 16, 2008 6:04 AM
"Loser pays" sounds good...
...on it's face,but we have to understand that there will be injustice in that system also.If you buy a shoddy product that does some kind of damage to you or your family or property,and you want to go up against a large coorporation,what hometown lawyer is going to take your case without asking for a lot of money from you in advance? He will have to go up against the best paid lawyers in the country,the top of their classes in law school,and if your lawyer spends his time and his office staffs' time on your case,who is going to pay all that expense if you lose?.The coorporation has the money and the talent and the connections to delay,delay,and delay.

And if you lose the case,can you afford to pay the coorporation's expenses,maybe hundreds of thousands of dollars?If not,be prepared to lose your house and your income for the rest of your life.

I have come to the conclusion that their is no justice in this life,only the next one.

Response to Nam65-66
Thoughtful post, thanks.

But isn't it true that if the case is meritorious that an attorney would be happy to take it on a contingency fee basis, costing the plaintiff little or nothing? If no lawyer is willing to take the case on a contingency basis, isn't it likely the case lacks merit?

Similarly, if in your hypothetical case the plaintiff has a good case, why wouldn't the corporation make a realistic settlement offer rather than pay their own large legal fees + the likely damages + the winner's costs and attorneys' fees? As Stossel points out, corporations are settling meritless cases just to avoid the nuisance and legal expenses.

"Loser pays" cuts both ways. The persons pressured by it are those whose cases lack merit, be they large or small.

Again, I appreciated your tone and thoughtfulness, however.

Law
My son, the lawyer, says that law is no longer about rendering justice. It is about rendering a decision. DEcisions are not always fair and based on facts. With our uneducated masses - getting a jury that can decide important issues is a real challenge. So the lawyers "game" the process. They gamble that they will get an ignorant jury that can be persuaded by emotions - and not facts - thus we have the ambulance chasing John Edwards who singlehandedly has pushed up the cost of child birth - and pushed drs out of medicine on cases that scientifically bear no merit. Loser pays would be a double whammy there. We are in a Catch 22.

Loser Pays
I've responded to this after Stossel's first article. It's right on. The only way these bullies are going to give serious thought to not going after the corporations is when there's something to lose.

As it stands now, it's free and open season with no penalty for being wrong. In "loser pays",if the case is not tight enough to win, don't do it! That will clean up the court's time and save money.

Trust me, retaining legal staff is a cost of doing business handed down in the form of the price of goods and services. In this way, the current tort system is inflationary.

Woody from Iowa

Tacitus X and Nam65-66
I think one of the arguments lost here that the cost of litigation sometimes causes companies to just pay a settlement rather than have protracted legal battle that will cost the company more money EVEN IF THEY WIN! THAT's the problem here.

Why would a company spend $50k in lawyers fees for a case they could settle for $25k? The number of these types of cases far outweigh the million dollar suits. Everyone of these cases winds up costing consumers. They either pay a higher price for a product or suffer a lack of choice.

Cindy forgets . . .
. . . that this "mess" in sub-prime loans, was indirectly or directly caused by lawsuits against these same companies for NOT loaning $$$$ to people who couldn't pay, plus pressure from so-called (fill in race or group) leaders to make these loans or face a shakedown of large proportions, plus pressure from politicians.

Would she think that THEY should be bailing out these companies in trouble, instead of the taxpayers?

funny and sad

Big corporations do tend to be less responsive to the marketplace but it's stuff like Stossell describes that gives them an unfair advantage over smaller competition. The double jeopardy of lawsuit risk and regulatory compliance is too much for many smaller businesses to afford. The result is more bigger corporations.

Stossel Nails This One!
Stossel slams an economic home run - one of his best ever!

Loser pays in tort suits is essential as it's clear that judges [lawyers themselves] have never heard of a frivolous lawsuit and punished an offending lawyer for bringing it!

Truer Words
I've never heard:

"I'm against a system that doesn't require a losing plaintiff to pay the winning defendant's legal expenses -- a system used by most of the world because it weeds out frivolous litigation."

I just wonder who will be the champion of tort reform? So many of those influential in office have their "good ol' boys buddies" still practicing law.

John Edwards must be flipping out over this article...

Woody from Iowa

Nam65-66
How would you feel about "loser pays" if it is limited to cases which had no reasonable basis in law or fact?

Boycott
What would happen if people woke up and refused to recognize the authority of the courts?

Business Does Not Pay Taxes
beat&path writes: "Business Does Not Pay Taxes
Period.

That is a fantasy of the ruling class."

You are correct, any taxes a business pays is passed along to the consumer in the form of higher prices. So beware when a liberal politician talks about "Sticking it to Big-(insert industry type here)" via higher corporate taxes. Higher taxes for businesses means higher prices for us.

Eliminate corporate taxes
The corporations don't pay these taxes, but simply raise their prices to cover the costs of being a tax collector for the state. Cigarette co's and oil co's do the same thing. (Oil co's making "obscene" profits? Oil co's make 9 cents on the dollar, where the S&P 500 (companies) avg 13 cents on the dollar. (Shhh! Don't tell anyone about this! The idiots in Congress might legislate a profit cap of less than 9 cnets on the dollar; this is how their minds work: less profits, more taxes!)

If anyone thinks that April 15th is when he/she "pays his/her taxes," guess again. You pay taxes everytime you buy a gallon of gas (the gov't does indeed make more than the oil co's off this gallon of gas, just as they make more off a pack of smokes than the tobacco co's).

The officers of a corporation don't pass the hat at tax time and pay these taxes themselves, so you're not punishing the "evil rich": you're simply paying these taxes every time you purchase a service or good a corporation offers.

EVERY DAY IS APRIL 15TH. The intelligent realize this. Dems apparently that bright.

Oh, Cindy: Brace yourself. The sub-prime mess originated in the Carter admin, although Bush and the republicans are getting the blame. Carter wanted lower income families (who can't afford mortgages) to have a chance to own their own homes.

I'd like to add a few acres to my property, but I can't afford it. Under the sub-prime gimmick, I could get the exta few acres anyway! But not being entirely stupid, I don't buy stuff I can't afford!

Please excuse typos
I'm rather rushed and should have proofread more carefully, but...I think I got my message across.

My apologies

Sharkie's son is right...
The law is no longer about rendering justice. This is as true in criminal matters, especially federal "white-collar" cases, as in commercial ones.

Every day in America white-collar defendants are crushed by federal agents and prosecutors applying "creative" interpretations of sweeping amorphous RICO laws passed decades ago to make it difficult for mob bosses and drug kingpins to defend themselves.

The result is that lots of ordinary business people, including some who are innocent or wrongly accused, end up signing plea deals because the costs and risks of fighting the government at trial are simply unthinkable.

A trial lawyer in a complex white-collar case typically costs upwards of $250,000. Prosecutors stack on charges on defendants who don't confess, and plausible potential prison sentences of 30 years or more are common. Beyond that, juries bewildered by the complexity of most white-collar cases, often default in favor of the government.

It's no wonder then that only four or five of every hundred federal cases are tested in trials. The other 95 or 96 are bargained out.

Whenever remedies are suggested, they are almost always dismissed on the grounds the reforms would bog down the justice system. The justice system; If they aren't going to fix it, they should at least find something else to call it.

Abolish
If the justice system is so broken, why not simply abolish it?

It is sad though that we actually got to the point where abolishing courts will do less harm than good.

Market Magic
Someone should ask the lawyer who criticized Mr. Stossel's Market Magic piece and others holding similar positions, "Why do you believe corporate America is greedy and collusive? Is that how you would do it if you ran a large corporation? If you would not act that way, why do you assume those who do run large corporations act that way?"


Wendy
I'm a libertarian so I don't want the government intervening any more than I think you do. But you're dead wrong about the size of business cycle fluctuations getting larger over time. The Great Depression was made worse by bad Fed policy, but it's been shown that the size of business cycle fluctuations has decreased in the last century, not increased. Even a cursory analysis of GDP fluctuations will show this.

Good Article as Usual
In a previous life I was a tech rep for a manufacturer. Occasionally, I was told to prepare to stand as an expert witness for the company. Only twice in 10 years with that company did I actually get on the witness stand. In all the other cases we settled, even though we were clearly in the right. The cost of litigation is usually far higher than a settlement, and one can never predict how a judge is going to rule. On top of that, the bad press that a company gets costs even more in future sales, goodwill, etc., than the settlement usually costs. Part of the settlement agreement was that the plaintiff remained silent about his complaint.

So, in the end the company would spend $10,000 in legal fees and down time for several employees to eventually settle a case for $5000 to the plaintiff (although we paid as much as $50,000 in a settlement when we were on shaky ground), mostly to avoid court costs and bad PR.

So, I think in the big cases, loser pays would embolden companies to go to court when they knew they were facing a big-ticket frivolous case, but will still settle when they are in the wrong or feel they have more to lose by having the issue aired before potential customers.

Where the Bucks Go
A few years ago I recieved an unsoloicited notice in the mail informing me that I was a co-plaintiff in a class action case against an insurance company. This was a surprise, since I was unaware of any grievance committed. The two sides came up with a settlement agreement which netted the lawyers well int 7 figures. My share of the settlement? About $30. This is typical, the lawyers get the big bucks(using such cases as lifetime job security) while the alledgely grieved recieve a pittance. I've even heard of one case in which the class members each recieved a coupon for $25 off a new TV set. The litigation firm representing them did just a bit better.

Lawyers
The United States has 3% of the world's population and over 50% of the world's lawyers. Does that tell you anything about our law system?

MM
I can top your story. I received a check for $1.45 from an insurance settlement I didn't know about and it said if I didn't deposit it within 60 days I would forfeit it. I kept it as a souvenir.

Moonbat Exterminator
I can top your story. I received a check for $1.45 from an insurance settlement and a note that if it wasn't deposited within 45 days I would forfeit it. I kept it as a souvenir.

Cindy -- Check Archives
http://www.townhall.com/columnists/JohnStossel/2008/02/13/s timulating_nonsense

I always have to chuckle when somebody wants to dis the columnist in a manner such as, "Well I agree with X, but why didn't he talk about Y?"

Check the archives. You might be surprised sometimes to learn that Y is "old news."

dbz77 -- R U Nutz?
"What would happen if people woke up and refused to recognize the authority of the courts?"

Don't you think the jails are crowded enough NOW?

if you buy a shoddy product...
Nam65-66 writes: Wednesday, April, 16, 2008 6:04 AM

"...If you buy a shoddy product that does some kind of damage...

Caveat emptor "let the buyer beware"

Do your best to NOT buy the defective product in the first place - be smart, be skeptical, be wary, don't trust the word of anyone who is attempting to part you from your money.

Uncle Alby
Courts require certain things to function.

Electricity, running water, a financial system to pay the enforcers...

Could Some Explain
Mr Stossel sounds like one of those old time racist back in the good ol days wen he says " I have no problem with lawyers representing people who are truly harmed by corporations." But he always complains and treats every lawsuit as if was frivolous. Mr Stossel would do better to talk about the truly justified lawsuits just a mater of balance.

OJ Simpson and Robert Blake
To say corporations will always lose cases in which they truly harm customers would mean that lawyers don't matter,when obviously they do. And if those two OJ Simpson and Robert Blake could get off, should a truly harmed customer have to pay millions simply based on the quality of lawyers.

Lawyers
Trial lawyers often take cases on a contingency basis, which means they only get paid if they win or get a settlement.

Mike Nifong
"But he always complains and treats every lawsuit as if was frivolous. Mr Stossel would do better to talk about the truly justified lawsuits just a mater of balance."
This is like claiming that since there are truly justified criminal cases, we can ignore what Mike Nifong did.

Mike Nifong
I guess he shouldn't walk and chew gum at the same time either.So are intelligent enough to mention Mike Nifong and legitimate cases or would that be too taxing on your brain?

the answer
I can understand the chilling effect of 'loser pays' even if you have a good case, especially if a corporation is willing to spend millions in defense costs.

Therefore the solution is limit the defense costs to say 25% of the amount of the suit.

A second solution, and my favorite, would be to socialize the legal profession. Pay all lawyers $80,000 a year and tell them they can't work for outside fees. Rationing legal services would not be a great problem. I think Hillary already has a plan, just substitute 'lawyer' for 'doctor.'

Without Morality, Freedom Fails
In one of the most free countries in the world, we have seen the awesome power of Judeo-Christian ethics when allowed to flourish without restriction of government. Unfortunately, with the absence of morality, a free system will destroy itself. We are increasingly experiencing this breakdown. Our communities have seen the destruction of the family. Academia has been turned over to world-focused fools who don't understand the implications of their lies and deceit. The prevalence of lawyers that use the free system to fraudulently line their pockets is just another symptom what is becoming of America. As the social edges begin to fray, a growing majority of Americans are turning to their savior...the federal government. The one institution that runs rampant with the very worst of the unethical souls. Regulation is not the answer. Praying that a majority of the greed-driven lawyers accept the Lord and obey God's will is the only way. The one thing we all need.

dbz77 -- De-Authorizing Courts
... so ...

"What would happen if people woke up and refused to recognize the authority of the courts?"


You're asking what would happen --

I'm saying, people would get locked up.

Unless you can wrangle some sort of magic that gets EVERYBODY to ignore the courts ALL at the SAME TIME ...

... coz if, say, only 2000 people refuse to recognize the authority, people from whom the court has expressed some disciplinary action, like pay alimony, pay court fees, pay the winning litigant, or show up for jury duty;

those 2000 people will be locked up ... which will tend to discourage the next set of 2000 ...

Failing that simultaneity ... and I do mean EVERYBODY ... and the Democrats can't even agree on which socialist they want, nevermind getting EVERYBODY to agree on de-authorizing the court system ...

... the whole concept will fall flat on its face. Except for people getting locked up in jail.

Lyris writes:
"Do your best to NOT buy the defective product in the first place - be smart, be skeptical, be wary, don't trust the word of anyone who is attempting to part you from your money."

Agreed. This is great advice in a free market. But, we really don't have a free market. What happens is when a company loses money because it creates a shoddy product, the government simply bails them out. It's kinda like paying for a defective car and not actually getting a car at all.

The corporation gets paid REGARDLESS. So why bother to compete? Just look at the American car companies that have used excuse after excuse to explain why they have fallen behind foreign motor companies FOR DECADES in both quality and price. We are talking about terrible "long-term" business decisions and instead "get-rich-quick" schemes for anxious investors. Even as American car companies are leaving America while foreign car companies are coming INTO America, we STILL bail them out. Why should they bother to compete? YOU, your children, and your grandchildren will buy that crappy vehicle whether you want it or not.

That's copratism, NOT capitalism. And THAT is America.

So many only seem to understand part of the problem, which leads to ridiculous solutions that just make things worse. We can't have a "sorta free" market. It is all or nothing.

BTW
Corpratism AND Socialism are BOTH bad. Unfortunately, that is where the Republican party and Democratic party stand nowadays, respectively.

voxoreason
I've seen calculations that show that 56% of your income goes to government one way or another. That's like working just over half the year unpaid for the government.

While average pay has decreased in America, government pay has increased nearly 50%!! Government is becoming one of the largest employers in the United States.

Fascism, here we come!

Lawyers and politicians...
...are parasitic scum.

Too many lawyers
A comment was made that our legal system is horrible but others are worse. Actually the United States has the distinct and, what should be, undesireable reputation of being the most litigious society in the world. The effect on our economy and our emotional wellbeing is beyond comprehension. In most countries there is no such thing as a frivoulous lawsuit. A lawsuit lacking considerable merit never makes it past initial scrutiny. We also have the most lawyers per capita of the entire world.

Every time I hear a young person in this country say they want to be a lawyer, I ask why. They always say so I can make big bucks. The legal occupation has an amazing ability that most other professions do not. They can create a need for their services. Every time something goes wrong, lawyers are there convincing people they "need" them. Without their absolute knowledge of the law, there is no hope of them getting proper restitution, they say. Lawyers have a way of elicting the greed monster in people. Unfortunately, until it actually happens and it is too late, people do not realize that the lawyer gets the major chunk of the money and whatever is left, if anything, goes to the plaintiff. It's not surprising that most of Congress is lawyers. It's also not surprising then that our Country is in such a mess.


Heads I Win, Tails You Lose
quoth celticwanderer: "Actually the United States has the distinct and, what should be, undesirable reputation of being the most litigious society in the world."

This is *because* we're the only advanced Western society *without* some sort of "Loser Pays" tort system.

Some have opined that "Loser Pays" wouldn't be a panacea, that some might be dissuaded from bringing a perfectly legitimate lawsuit against a mega-corporation with armies of lawyers. This point may have some merit. But no system is going to be perfect.

What we need is some compromise between legitimate lawsuits brought against companies that really need suing and our current system of "Heads I win, Tails you lose". Plaintiffs are playing the "lottery" at the defendants' expense.

If plaintiffs win, they win big. If they lose, they're out virtually nothing. But the defendants lose in either case. That has to stop.

Market Magic
More Stossel less Medved.

Chuck McGlawn
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