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#14
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Dudley Henriques writes:
To me, it's obvious that the ultimate blame lies with the lawyers. Another take: in Canada, this problem of frivolous lawsuits does not exist to anywhere near the degree that it exists in the US. Why? In Canada if you want to file a lawsuit, you have to hire a lawyer. And pay them. They must be paid the same amount, whether they win or they lose. (I think you can sue for legal fees -- but if you lose that lawsuit, you now have to pay your lawyer for that too.) If you can't afford a lawyer, and you have been wronged, you can apply for legal aid -- and the most worthy of those applicants will get a free lawyer. The net result: plaintiffs won't sue unless they stand a good chance of winning. Lawyers don't go sniffing for business on longshot cases. Insurance rates are much lower. The courts are less busy. The downside of this system: if you are poor and are wronged, it is somewhat harder to get compensated. But for some reason it all seems to work out just fine... So perhaps the problem in the US is neither the plaintiffs or the lawyers, but the system itself -- it rewards bad behaviour, and as long as it does this then the unethical plaintiffs and lawyers will continue to be attracted to these rewards. Chris |
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