Tuesday, September 14, 2010

Loser Pays

Trial lawyers. Every time I see one of these bloated gasbag hucksters on TV my hope for the country evaporates a few more drops. Like Progressive policies, their goal is to soak the evil rich. For lawyers, that means the insurance industry. If your fist is raised right now, and you're shouting, "Yeah, get those bastards!" remember how premiums are calculated. You ultimately pay for every lawsuit, even the bogus ones. Back to the trial lawyers. Take note of the wording of their ads. Every viewer is a victim who "deserves" something. For those too stupid or unimaginative to come up with a real injury or disease, they can always call the guys who "find you a doctor, who'll find you a lawyer. Think about that...doctors finding lawyers. An invitation to fraud, you say?

How do we kill this corrupt process? Adopt the British system of "Loser Pays." The losing party in every lawsuit must pay the costs of the winner. Trial lawyer contentions that this would starve poor people out of the justice system are sanctimonious rubbish (staying British). Lawyers would be knifing each other in the back to get at winnable cases, regardless of the economic status of the plaintiff. The Brits had have a few hundred years of it, and they seem to be doing okay. Of course, with frivolous cases taken out of the system, a lot of lawyers will become unemployed. They're smart people, though. They'll figure something. A few might even find a way to make a living that creates wealth.

The most important inclusion in Loser Pays is the government. No entity on earth is a more dangerous courtroom adversary. They bring unlimited resources, time, and collateral threats to the party. Right now, the citizens of Arizona are footing the bill for defending themselves against Uncle Sugar. Other states (Rhode Island, for example) have passed the same law but aren't being sued. Why not? Could it be that Arizona has two Republican senators and a Republican governor? Is it a grandstand play in a state with a high percentage of Hispanic voters? The reason doesn't matter. What matters is that the federal government is selectively attacking one group of citizens. Other than voter outrage, they face no consequences. Win or lose, though, Arizona taxpayers lose. For a little salt in the wound, as federal taxpayers, Arizonans are also helping pay to sue themselves.

It mystifies me that Republicans don't make Loser Pays a campaign plank.Trial lawyers, like labor unions, bankroll Democrats, exclusively; so Republicans wouldn't be jeopardizing contributions. Championing something so sensible would attract voters.When you elect Republicans this November, demand they change the tort system to Loser Pays. If you don't, I'll sue!

1 comment:

  1. Last summer my wife and I (and our two dogs) took a 6500 mile RV trip from Northern Florida through the South then back and forth across the Mississippi several times heading north, up into Wisconson, through Michigan, Maine, Upstate New York and then down the East Coast. We went through literally hundreds of small towns. There were only two certainties common to each and every town without fail: At least one, and usually several, church spires. At least one, and usually several, billboards for tort attorneys. All else might change, but those two are constant. If you want to get your dander up, go to www.overlawyered.com

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