Overlawyered: Chronicling The High Cost Of Our Legal System

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Lawsuit cash advances

The mushrooming “legal finance” industry offers to advance injury claimants cash on the barrel, to be repaid only if their suits are successful. Some firms have charged effective interest rates exceeding 100 percent a year, but the business generally operates beyond the reach of moneylending laws and has mostly escaped the sort of hostile attention that has been directed at say, the payday loan industry and its alleged “predatory lending“. That may be changing, however. New York Attorney General Eliot Spitzer (who says he gets only unflattering attention in this space?) has reached settlements calling for clearer disclosure of fees from at least ten litigation-cash-advance firms, including one based in New Jersey which billed a client $19,000 for a cash advance of $3,000 two and a half years earlier, later accepting a smaller sum. (Joseph P. Fried, “Waiting To Settle a Lawsuit? Beware of Cash Advances”, New York Times, Apr. 4). For a glimpse of how the business sometimes works, see Barbara Ross, “Costly trip for Zongo family”, New York Daily News, Feb. 14.

More: Financial Rounds (Apr. 5) points out that we shouldn’t assume the legal finance company is actually pocketing an extraordinarily high overall return on its cash advances since in cases where client/plaintiffs obtain neither a verdict nor a settlement it will lose the money. Fair enough; but once again suggestive of the near-parallel with subprime lenders, many of which also must write off a nontrivial share of debt holdings as uncollectable. Do legal finance companies (which of course can screen for case “collateral” based on quality) in fact suffer a rate of nonpayment that much exceeds that of so-called predatory lenders? It would be interesting to find out.

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Gerry Spence’s Trial Lawyers College

The Wyoming injury lawyer is known for his extended rants on the theme of the People versus the Interests, which makes it piquant to see his name turn up so prominently among exploiters of a federal tax provision intended to benefit the needy, in this case — through his Trial Lawyers College — allowing him to maintain his control over a spectacular 220-acre ranch while dodging the taxman. ABC News has the details (Jake Tapper and Avery Miller, “Wealthy Cash In on Charity Tax Loophole”, Mar. 24). Trial lawyer/blogger Mike Cernovich, a satisfied customer of Spence’s seminar operation, praised it here, while his co-blogger Norm Pattis more recently noted the tax-avoidance story.

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N.J. appeals court: parents can’t waive kids’ rights

A New Jersey appellate panel, split 2-1, has ruled that parents can’t sign a legally binding waiver of their kids’ right to sue a skateboard park for injuries. And kids can’t sign such a waiver either. If the result is that one or another recreational activity just isn’t offered to kids at all, well, tough noogies. Appeal is likely, but for now the message is: your family’s right to sue is far too important to let you decide whether to give it away. And quit that muttering about “choice”, bud; we’re making the choices around here. (Henry Gottlieb, “Parents Can’t Waive Child’s Right to Sue for Skateboard Park Injuries”, New Jersey Law Journal, Mar. 24). For more on kids’ recreation, follow these links as well as the many newer links on our personal responsibility page.

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Lotteries about lotteries

Because of a misprinted number in a New York Daily News circulation-boosting game called Scratch n’ Match, hundreds of people thought they’d won the top $100,000 prize. The rules printed on the back of each ticket specify that there is to be no liability “in the event of printing, production or other error”, but Queens attorney Steven Gildin says the News can’t “cower behind fine print”: “Thousands of people thought they had their shot at the American dream”. And now, to give them that shot, he and other lawyers are preparing lawsuits. “A lot of people keep their hopes alive on these lotteries,” said one of Gildin’s law partners referring, it would seem from context, to the scratch-off tickets rather than the courtroom filings. (Clyde Haberman, “American Dreaming? Take a Number”, New York Times, Apr. 1).

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The sailor’s doxy

Suits against cruise lines by passengers who get sick on board are bringing the courts quite a bit of business at the moment, but the lawsuit against Holland America Line by 81-year-old Bernice Oltman and her son, Jack Oltman, goes further. “The Oltmans said they suffered from a gastrointestinal illness, and also saw crew members eating directly from buffet platters. ‘During the scheduled stop in Ecuador, Jack Oltman noticed some crew members openly associating with prostitutes,’ the lawsuit said.” (There was an overflowed toilet, too.) “The Oltmans said they expected to be compensated by Holland America for pain and suffering, emotional distress, loss of earnings, legal fees and medical expenses, including a colonoscopy and hemorrhoid surgery, the lawsuit said.” (“Cruise Line Sued for ‘Unsanitary’ Cruise”, Reuters, Apr. 1). “Scandalous” pleadings, as described in legal authorities such as Federal Rule of Civil Procedure 12, include those which serve to heap disrepute on the opponent without advancing any colorable claim; presumably the Oltmans’ attorney is prepared to demonstrate a convincing link between the alleged tarts and the alleged torts.

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American Justice Partnership

This new organization, among other functions, serves as a clearinghouse for the latest information about litigation reform efforts around the country; its site has updates on the recent progress of such legislation in Missouri, South Carolina, Florida and elsewhere. The AJP also recently produced an audio feature (downloadable/streamable) in which three of us (myself, Steven B. Hantler of the DaimlerChrysler Corp., and Fox News commentator Judge Andrew Napolitano) discuss the topic, specifically from the standpoint of: what can a business person do to make a difference? If you’re interested in the ongoing battle over litigation reform, you’ll want to spend some time checking out the whole site.

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“Reduced-sugar” cereals not healthier? Sue

A San Diego mother is suing the makers of such cereals as Trix, Cocoa Puffs and Froot Loops “seeking class-action status for all consumers in the state who bought the low-sugar cereals thinking they were healthier than full-sugar versions.” The manufacturers, her suit alleges, substitute other refined carbohydrates for the missing sugar, leaving calorie count and nutritional value little changed. (“Mother sues cereal makers over ‘lower-sugar’ slogan”, AP/Pasadena Star-News, Mar. 28; Greg Moran, “Mother sues over cereal nutrition”, AP/San Diego Union-Tribune, Mar. 29; “Mother sues over ‘deceiving’ cereal labels”, ABCNews.com, Mar. 30). Among those who wonder why she couldn’t have looked more closely at the nutrition label in the first place: Christine Hurt, GeoBandy, and commenters at DrudgeRetort. See also Mr. Sun.

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Plaintiff suing Harvard cites Summers remarks

Reason #45,219 for college presidents to zip their lips on a wide variety of controversial topics: their comments may be thrown back at the university in court. “In court documents filed recently in support of her lawsuit, Goodwin [Desiree Goodwin, the “too pretty” librarian whose widely publicized bias suit against the university is now at trial] cites controversial remarks made by Harvard President Lawrence Summers in January, when he suggested at an academic conference that intrinsic differences in ability are a key reason why fewer women are in the applicant pool for jobs at the highest levels of science.” (“‘Sexy’ library worker pursues discrimination case against Harvard”, AP/Boston Herald, Mar. 21; see Red State Law Blog, Mar. 22). For more on the lawsuit, see Nina L. Vizcarrondo, “Testimony Begins in Worker’s Lawsuit”, Harvard Crimson, Mar. 23; more news links.

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