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Tort Reform! |
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Our laws should be changed to make any attorney who is involved with a frivolous lawsuit jointly and severably liable for the cost of defending against the legal action. Currently there are a lot of frivolous lawsuits filed by individuals, and unscrupulous attorneys, in an effort to extort money from business and individuals who are perceived to have deep pockets. This practice is particularly devistating to small businesses and professionals. See http://www.sickoflawsuits.org/ Attorneys who represent clients in these lawsuits are typically compensated on a contingency basis, where the attorney receives a cut of the take from the lawsuit. These attorneys are not subject to prosecution because they are acting as agents of the court system. The people who bring these suits are usually individuals who have no assets, and any judgment issued against them, for the cost of defending against these suits is not collectible. The result of these suits, is that businesses frequently pay to settle the suit, because the settlement is cheaper than the cost of fighting the suit. This type of action by trial lawyers is, in fact, an act of extortion. Federal and State legislation must be enacted that makes any attorney, who is involved in bringing a frivolous lawsuit, jointly liable with the individual who is the plaintiff in the suit. The attorneys, and the attorneys law firm, must be made liable for the expenses they force others to incur. If an attorney and his firm are liable for any expenses the defendant incurs in a frivolous legal action, they will be forced to exercise some due diligence and reject cases which do not have any merit. |
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