Greedy Trial Lawyer
Incoming Praise Of The Genius Of The Plaintiff Bar
Category: Right On!
It is always heartening when a critic of plaintiff trial lawyers gives us even a back-handed compliment. In the middle of what feels like a slam on our civil justice system, Jane Genova, posting at Law And More, sees what she calls our genius.
The Marketing & Sale of American "Justice" - Creating Demand
The genius of the plaintiff bar has been its ability to embed in the national consciousness of America a whole new idea. That's the notion that lawsuits are the right way to resolve disputes, seek abstract or concrete justice (usually through an award of damages), and change society.
Jane may or may not be right. But, the notion, which seems perfectly reasonable to me, could not have taken hold in America without the monumental misconduct of corporations and other wrongdoers which continues to cause needless injuries, deaths and economic losses. Most rational victims do prefer the court system to duels, riots or fire bombing as a means of seeking justice and compensation.
Jane claims to remember a world before people thought of filing lawsuits:
And you never ever ever initiated a lawsuit. Somehow you worked it out another way. Not all of those ways were good, of course. In my Jersey City, NJ neighborhood, we were instructed by our elders to steal from stores which did us wrong. [At least they didn't use hit men.]
Then, Jane sees the benefit to litigation when meritorious.
Lawsuits with merit probably represent progress in a civilization.
Bottom line for Jane, I suppose, is Meritorious Lawsuits Good but Frivolous Lawsuits Bad. (Does anyone have a handy-dandy guide that could substitute for a judicial determination of this issue?)
Thanks for the history of justice lesson, the key to good and bad lawsuits and the praise of the efforts of trial lawyers.
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