A aviation & planes forum. AviationBanter

If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below.

Go Back   Home » AviationBanter forum » rec.aviation newsgroups » Piloting
Site Map Home Register Authors List Search Today's Posts Mark Forums Read Web Partners

Club Management Issue



 
 
Thread Tools Display Modes
Prev Previous Post   Next Post Next
  #22  
Old March 29th 04, 08:27 PM
Dude
external usenet poster
 
Posts: n/a
Default

The problem with contingency fees is not that they are a bad idea, it is
that they are abused. They are still necessary to assure equal protection.

The Bar does not live up to its high calling to police its own. Instead, it
handcuffs itself as if it had no care or concern for the good of anything or
anyone other than lawyers. Lawyers should be held to a higher standard, and
their licenses more easily revoked. If the Bars are going to maintain a
monopoly, they should be forced to do a better job. Unfortunately, all the
legislatures and courts are full of Bar members, so don't hold your breath.

Our judges are no longer empowered to be judges. They are too hamstrung by
the legislature (who are rightly upset due to judicial activism). In my
opinion, a good judge should have more power to tell a lawyer to take his
ridiculous motions and suits and stick them where they belong.
Unfotunately, that is no longer the case in this country. Due to the
system's inability to weed out or remove bad judges, the whole thing has
gone haywire.

What we really need to figure out is how to get better judges and get rid of
the bad ones.




"Doug Carter" wrote in message
...
Dan Thompson wrote:
Now, how are you going to pay your lawyer in that lawsuit? Job

prospects
for quadraplegics are pretty dismal.


First, your presuming I'm broke to begin with and that my
income stops with the accident. Neither is necessarily
true. The argument for "increasing access to the courts"
is commonly used to rationalize contingency fees. Does
this increase in suits result in a net-net greater good
for society? I don't think so.

While, on one hand contingency allows someone with little
money to file a suit and possible receive a huge award, on
the other, *someone else* is paying that award whether it
is reasonable or not. How can a jury determine the
"appropriate" punitive damage amount? These costs are
passed on to society. Does society in the U.S. benefit
more from this trade off than in Japan or England?

I'm not an expert on this but I think the crimes of
"maintenance" and "champerty" went back to biblical times.
Contingency seems to be the combination of these two.
If not eliminated perhaps Contingency should be limited to
"maintenance" by allowing the lawyer to recover his costs
from the spoils but not profit from them (champerty). A
slippery slope to be on though...

And that's great you like the loser pays theory. What if you lose?

What if
the product wasn't defective after all? How are you (the loser) going

to
pay? What if, at the end, you can't pay?


I think you more eloquently state my argument than me.
Clearly, as done in much of the rest of the world, the
prospective plaintiff had to consider a potential down
side as well as a possible up side then a better balance
would be achieved.

Should you be required to prove you could pay if you lost, before you

even were allowed to file a lawsuit?

Interesting question. In most states you have to prove
you have insurance or deep pockets to license a car
because you are creating a potential liability by putting
that car on the road. When you file a suit you create a
potential liability as well.

But, my position depends on more personal responsibility
that most Americans have the stomach for so I doubt things
will change. Fewer and fewer companies will make risky
products (like vacuum pumps) and your daughter may not
have access to a doctor to deliver her child.



 




Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Northern NJ Flying Club Accepting New Members Andrew Gideon Aviation Marketplace 1 June 12th 04 03:03 AM
Northern NJ Flying Club Accepting New Members Andrew Gideon General Aviation 0 June 12th 04 02:14 AM
Northern NJ Flying Club Accepting New Members Andrew Gideon Owning 0 June 12th 04 02:14 AM
Ultralight Club Bylaws - Warning Long Post MrHabilis Home Built 0 June 11th 04 05:07 PM
Club Management Issue Geoffrey Barnes Owning 150 March 30th 04 06:36 PM


All times are GMT +1. The time now is 06:17 AM.


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.
Copyright ©2004-2025 AviationBanter.
The comments are property of their posters.