View Single Post
Old 12-11-2012, 09:43 AM   #61
LuckyR
Legend
 
LuckyR's Avatar
 
Join Date: Jun 2006
Location: The Great NW
Posts: 6,273
Default

Quote:
Originally Posted by stapletonj View Post
I have NEVER, NOT ONCE, seen or heard of someone coming up with a "ridiculous" threat of a lawsuit and the company settled with them for a significant sum of money. (over $500.00) and even offering $500 or thereabouts is rare.

The "Loser Pays" for frivilous lawsuit Rule is Rule 11 and it punishes the LAWYER who brings the suit.

LAWYERS do not purposely bring "frivilous" law suits because they are almost always (99.99%) on contingent fee and have to advance even the costs (experts, filing fees, court reporters, etc.) IF the case has little or no chance of winning at trial, why in the world would you put all that effort and money into it? The simple answer is that they dont. The big lie put out by the astroturfing big business groups is just that, a big lie.

sorry for the rant, but, grassroots experience trumps hypotheticals every time
As you are a small town lawyer (assuming that your sub 75K pop city is not a suburb of a major metro area), I can imagine that this post may be completely truthful yet somewhat misleading.

As a professional Trial Lawyer your definition of "frivolous" lawsuit is likely different than what a lot of the posters on this thread are using.

To counter the first two paragraphs, how many times in your career have you personally been subject to US rules for frivolous suits? Zero times, of course. How many times has someone you know been found in violation of them? Again zero times. How about anyone in your local Bar Assn? I'm still guessing zero. As I posted earlier, yes the US rules exist but it is essentially never enforced so it might as well not exist. Their function is basically to be a smoke screen to hide behind any time the UK's Loser Pays is brought up.

As to the unheard of issue (in your posted experience) of baseless lawsuits to try to bluff deep pockets into settling, you have heard of the whole area of law called "slip and fall" haven't you?
LuckyR is offline   Reply With Quote