Comments on: Update: Erin Brockovich vs. Beverly Hills High School

By: TC

TC — Fri, 16 Nov 2007 02:37:18 +0000

See the penalty for bringing forth a garbage case should be just a simple reversal of requested relief and damages.

Would make the attorneys, (who in FACT are the ones in control of any lawsuit), pause to offer their services to someone that is basically out of their mind! But as it is today, too many attorneys prey upon those that are deficient in order to grab at a long shot. But the norm is that they are covered and may end up with additional real estate in the process.

Cases should mean something REAL to all parties involved in the process.

By: Deoxy

Deoxy — Thu, 15 Nov 2007 10:27:25 +0000

Contingency lawyrs also have a very large incentive to waste time… it wastes THEIR OPPONENT’S money! The more of their opponent’s money that is wasted, the higher the “nuisance” value of the suit.

A smart, long-term thinking plaintiff lawyer would NEVER try to hurry things up for the benefit of a single case, as it hurts the value of all future cases.

By: Eric @ New York Personal Injury Law Blog

Eric @ New York Personal Injury Law Blog — Thu, 15 Nov 2007 09:37:55 +0000

There are good cases and there are bad cases. But the issue I’m addressing here is unnecessary and vexatious litigation. And since that may happen on either side, one can’t discuss one while ignoring the other.

I would add, by the way, that it likely happens more often from the defense side, since it is defense lawyers that bill by the hour, while contingency lawyers have a huge incentive not to waste time and money.

By: Reformed Republican

Reformed Republican — Thu, 15 Nov 2007 08:51:59 +0000

But the important difference, Eric, is that the plaintiffs choose to bring a case. An innocent defendant does not have that choice.

By: Eric Turkewitz

Eric Turkewitz — Thu, 15 Nov 2007 06:31:08 +0000

As readers of this site know, prevailing defendants very seldom recover fees from losing plaintiffs or their lawyers in American litigation.

And vice versa. Prevailing plaintiffs are usually forced to pay their lawyers from their own pocket, even when defendants drag the litigaton out for years without good cause.