Comments on: Update: “Lawyer Sanctioned for Suing Over Adversary’s Deposition Questions” https://www.overlawyered.com/2008/04/update-lawyer-sanctioned-for-suing-over-adversarys-deposition-questions/ Chronicling the high cost of our legal system Fri, 11 Apr 2008 17:38:47 +0000 hourly 1 By: John Burgess https://www.overlawyered.com/2008/04/update-lawyer-sanctioned-for-suing-over-adversarys-deposition-questions/comment-page-1/#comment-11562 Fri, 11 Apr 2008 17:38:47 +0000 http://overlawyered.com/wpblog/?p=6086#comment-11562 I find this a good start, but wonder why sanctions against lawyers are so low. The sanctions in this case, it seems to me, would be more fair had the fines included an extra zero.

I’d certainly notice a fine of $2.5K. I’m not sure a lawyer billing $300/hr and upward would. That’s barely a day’s pay. Lot’s of people get docked a day’s pay and shrug it off.

]]> By: Jason Barney https://www.overlawyered.com/2008/04/update-lawyer-sanctioned-for-suing-over-adversarys-deposition-questions/comment-page-1/#comment-11561 Fri, 11 Apr 2008 17:34:54 +0000 http://overlawyered.com/wpblog/?p=6086#comment-11561 The link to the story appears to be broken, links as a “mail to:”

]]> By: Supremacy Claus https://www.overlawyered.com/2008/04/update-lawyer-sanctioned-for-suing-over-adversarys-deposition-questions/comment-page-1/#comment-11560 Fri, 11 Apr 2008 16:28:43 +0000 http://overlawyered.com/wpblog/?p=6086#comment-11560 This decision affirms settled law. The litigation privilege is absolute. No one may endanger the rent seeking aim of the law profession.

Immunity increases an activity, liability decreases it. These self-dealt privileges represent a form of stealth industrial plan. The litigation privilege says, we will grow litigation, relative to more liable activities. The public has not approved such economic favoritism through any legislature. It comes from the unelected Supreme Court, not competent nor empowered to favor the growth of a sector of the economy.

Ted and I have bashed heads over tort reform. I oppose tort reform. I have proposed ending all litigation privileges. Let torts do it work to deter, to improve the low quality of litigation, to improve the conduct of litigation (as in this alleged case), to deter the filing of so many weak cases.

These behaviors may represent legal malpractice. The adverse third party should be able to sue the lawyer for legal malpractice without privity. No other party, but the lawyer, still has a privity obstacle to accountability to third parties.

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