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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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Christopher Brian Colohan wrote:
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 Brian; I always have had a soft spot for our Canadian friends. You folks are just good people up there. It was my honor to be invited to fly with your Snowbirds as their guest and the time I spent with the team was some of the best time I've spent in professional aviation. Your post here has logic and I agree with what you have said. The system is indeed bad down here and in need of drastic reform. It is truly unfortunate that those we would entrust to reform it are those most affected by any reforms. I honestly believe that these much needed reforms will never see the light of day, and it truly saddens me as an American to have had this opinion forced upon me by those I would much rather have respected as I've made my way through life. -- Dudley Henriques |
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"Dudley Henriques" wrote in message
... Christopher Brian Colohan wrote: 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. .... Your post here has logic and I agree with what you have said. The system is indeed bad down here and in need of drastic reform. It is truly unfortunate that those we would entrust to reform it are those most affected by any reforms. I honestly believe that these much needed reforms will never see the light of day, and it truly saddens me as an American to have had this opinion forced upon me by those I would much rather have respected as I've made my way through life. The problem with the system is that rule of law has been debased and people who run the system have learned how to "game the system". The system, as devised, is fine. People though, have learned to ignore the parts that are "inconvenient" (amongst other factors). In some places they call this "corruption". |
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