@rss – yes, but the Bar has a real problem with filing of frivolous lawsuits particularly by prisoners, of all people. There is one slimehead I read about recently who has sued dozens of legislators, celebrities and even Justices of the Supreme Court, all baseless and ridiculous, but the legal system has to accept the suits and then kick them out as frivolous and endure this endless stream of lawsuits.
There is a segment of the bar that is engaged in speculative litigation, much of it in class action lawsuits but in other types of lawsuits as well. As I said before, what was intended to be a tool to protect consumers has been transformed to a tool of extortion.
I am a businessman and perhaps my opinion is skewed. Luckily we have never been the object of a lawsuit but the costs and the amount of management time involved in defending yourself and dealing with endless discovery by opponent’s counsel is said to be a horror.
It’s gotten to the point that the first thing attorneys advise you is let’s figure a way to keep this out of litigation because the costs of defense are far worse than the cost of a settlement might be.
I won’t go on about the crappy laws that our Congress enacts. Many times the intent is fine if not noble, but then when you put the law into practice, the ambiguity of the way a law is worded can open a minefield where you don’t know where to step for fear that you might trigger an explosion. I am running on here, but think of the issues with the Amercans with Disabilities Act or the Family Medical Leave Act. Was it the intention of Congress that FMLA would apply to people with the flu or a hangnail?
Sorry for the verbosity but this is something that really rankles me and I don’t understand why the bright minds in Washington (or the lesser lights in the various state legislatures) don’t see this. I am not trying to be overtly political here, my own politics might surprise a reader based on this rant, but in practical matters dealing with the laws as written is a %&^%*&^ mess.
SRM