Overlawyered: Chronicling The High Cost Of Our Legal System

Author Archive

U.K.: “Teachers say greedy lawyers promote false abuse claims”

Great Britain continues to grapple with the repercussions of its decision to join the U.S. in permitting contingent-fee legal representation:

Lawyers who encourage parents and pupils to make speculative allegations of abuse against teachers in the hope of winning financial compensation risk are destroying the reputation of thousands of teachers, a teaching union has said.

The National Association of Head Teachers (NAHT) said that lawyers working on a “no win, no fee” basis were fuelling a rise in malicious allegations against teachers, made in the knowledge that local authorities would often pay complainants without even investigating their allegations.

(Alexandra Frean, Times Online, May 5).

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Wayback Machine: we won’t archive pages if owners object

According to an Apr. 25 announcement, “Internet Archive, a library of historical Web site content, and Suzanne Shell, the author and owner of the Web site www.profane-justice.org, jointly announced today the settlement of their lawsuit, which stemmed from the archiving of Ms. Shell’s Web site in Internet Archive’s Wayback Machine. … The Internet Archive said, ‘Internet Archive has no interest in including materials in the Wayback Machine of persons who do not wish to have their Web content archived. We recognize that Ms. Shell has a valid and enforceable copyright in her Web site and we regret that the inclusion of her Web site in the Wayback Machine resulted in this litigation. We are happy to have this case behind us.'” The Wayback Machine allows interested persons to go back to examine what particular web pages looked like at earlier dates. Jason Lee Miller has more at WebProNews (Apr. 25) as does John Ottaviani at Technology and Marketing Law Blog (Mar. 14 and May 1), both focusing on Shell’s theory that visiting spiders are capable of creating contractual relations. We covered a case raising some of the same issues on Jul. 13, 2005.

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Pant-demonium breaks loose, cont’d

Outrage continues to spread over Roy Pearson, Jr.’s $65 million suit against a Washington, D.C. Korean dry cleaner over a lost pair of suit pants (Apr. 26, May 1). The Washington Post editorially wonders whether Pearson should continue in his position as an administrative law judge given the “serious questions” raised by the case “about his judgment and temperament”. (“Kick in the Pants”, May 3). Associated Press coverage is circulating worldwide: Lubna Takruri, “Judge sues cleaner for $65M over pants”, AP/Kansas City Star, May 3. And Alex Spillius in London’s Daily Telegraph (“Judge sues dry cleaners over lost trousers, May 3) notes that Pearson

reached the figure of $67,292,000 as follows: Washington’s consumer protection law provides for damages of $1,500 per violation per day. Mr Pearson started multiplying: 12 violations over 1,200 days, times three defendants (the Chungs and their son)….

Mr Pearson has set the Chungs and their lawyers a long list of questions, which includes: “Please identify by name, full address and telephone number, all cleaners known to you on May 1, 2005 in the District of Columbia, the United States and the world that advertise ‘SATISFACTION GUARANTEED’,” according to the Washington Post.

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Mom: I never authorized lawyer to sue school over football injury

Curious doings in Camden, N.J.:

Nita Lawrence, whose son Shykem was paralyzed in a scrimmage football game between Woodrow Wilson and Eastern Regional high schools on Aug. 25, said Monday she never gave a Michigan lawyer authorization to file paperwork naming both high schools in a potential $10 million lawsuit.

In fact, Lawrence said she fired [Ronald R.] Gilbert in early March after he tried to receive advance payment from Bollinger Insurance, the company that provides coverage for student athletes in the Camden School District.

“We didn’t say we were suing nobody,” Lawrence said. “All we wanted was the insurance company to pay for my son’s medical bills. That’s all we wanted.

“We don’t want no $10 million. We’re living fine. Whatever the insurance company doesn’t pay, Medicaid pays. We don’t need a lawsuit. Now, we’ve got all these people against us and it’s not fair because it’s not true.”

A $10 million notice of claim dated Mar. 20 names 18 people, including football coaches, principals and superintendents, as possible defendants. (Chuck Gormley, “Mom: No suit authorized over son’s injury”, Camden Courier-Post, May 1; “Michigan lawyer confirms he’s off Lawrence case”, May 2).

Further information on Fenton, Michigan attorney Ronald R. Gilbert can be found here. Gilbert appears to be the guiding spirit behind two seemingly philanthropic outfits, the Foundation for Spinal Cord Injury Prevention, Care & Cure and the Foundation for Aquatic Injury Prevention. Visitors to the two groups’ websites rather quickly run into discussions of liability and legal options which would seem helpful, no doubt unintentionally, to attorney Gilbert’s client intake efforts.

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Bill padding, and lots of it

Two-thirds of lawyers queried in a new survey say they’ve seen specific instances of bill padding, a figure that hasn’t changed much since 1995. On two related questions, the numbers are actually getting worse, as Nathan Koppel notes at the WSJ Law Blog (May 1): “54.6% of the respondents (as compared with 40.3% in 1995) admitted that they had sometimes performed unnecessary tasks just to bump up their billable output”, and “the percentage of attorneys who admitted that they had double billed rose from 23% in 1996 to 34.7% in 2007. And only 51.8% regarded the practice as unethical in 2007, as compared with 64.7% in 1995,” although most ethical authorities not surprisingly frown on that practice. Ted has some further thoughts at Point of Law; the study data, gathered by Cumberland/Sanford lawprof William Ross, is here (PDF). More: Jun. 24.

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“Pregnancy brain”

That belitting phrase was uttered not by a supervisor, nor yet by a co-worker, but by a private citizen at a hearing where Amy Lee was being flayed by public commenters for her performance as assistant director of San Francisco’s Building Inspection Department. Even so, it has now resulted in a settlement in which the city has agreed to fork over $156,000 in damages and attorneys fees to resolve Lee’s charges of sexual harassment and pregnancy discrimination. Supervisor Tom Ammiano, not generally known as an enthusiast for employer’s rights, nonetheless

cast the lone vote on the board against the settlement [and] called the payout ludicrous.

The “pregnancy brain” remark was out of bounds, Ammiano said. But it was made at a public meeting, where officials take shots all the time, he said.

“You can’t control public comment,” Ammiano said.

Lee remains on the public payroll. (Phillip Matier and Andrew Ross, “Former chief of Building Inspection gets damages”, San Francisco Chronicle, Apr. 30).

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Arizona regulators vs. Zillow.com, cont’d

As we noted Apr. 16, the Arizona State Board of Appraisal has sent a letter to Zillow.com demanding that it cease and desist from offering its free online estimates of property values in the state, on the grounds that Arizona law prohibits the unlicensed offering of real estate appraisals. Eugene Volokh (Apr. 30) believes that as interpreted by the regulatory board, at least, the Arizona statute is probably “constitutionally overbroad”. Notes commenter Duffy Pratt: “I don’t think Zillow is doing an ‘appraisal’ anymore than I am practicing law by saying this statute is hooey.” Legislation is moving forward in the Arizona legislature that would provide clearer authorization for services like Zillow to operate (John Cook’s Venture Blog (Seattle Post-Intelligencer), Apr. 30; “Arizona House passes bill impacting ‘Zestimates'” Inman News, May 1). More: Greg Swann, BloodhoundBlog, Apr. 29 and other posts; Jonathan Lansner, “Arizona has a Zillow problem”, Orange County Register, Apr. 18.

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