Lately this has become an all too frequent occurrence. Not only are attorneys NOT paying experts in contingency cases, they are requiring their clients to do it, who often can not afford the thousands of dollars it may take to hire a highly qualified and experienced expert. The result is that they hire unqualified and often incompetent “experts” because they are cheaper. The result is often the cause for the client losing his/her case or settling for a MUCH lower settlement. Many incompetent lawyers reason that 95% of all cases settle anyway and as long as their expert’s opinion is correct(and all they have to do many times is flip a coin and they have a 50% chance of being right.) then they should be able to get their client SOMETHING.
The end result of all thiis that many clients can not afford to hire ANY expert and without an expert that the lawyer doesn’t want to pay for the case goes un prosecuted and an injustice occurs. Strike up another victory for the wealthy who can afford top lawyers and expert. Oh, the poor have community legal services you say? A recent story on “60 Minutes” showed how these young, inexperienced, though well meaning attorneys are NO MATCH for an experienced attorney and it seems the courts simply look the other way even though many civil cases are open and shut, if the attorney would only bother to dig for evidence and hire top experts. But this is pretty well impossible when a young eager attorney comes in to find 40 cases on his or her desk for the week and a budget so low, hiring top experts is impossible.
You have to understand that ALL injustices are addressed in some way eventually and the result of that can be a disaster as the victim of all this seeks to address his injustice in not so nice ways, whether it be criminal activity or abuse in some way. It is within al of our best interest to see that EVERY litigant is treated fairly and not just disposed of to lessen the overload on the courts. Arbitration is often not the answer as it is often seen by lawyers to make a quick buck for a couple hours of work with little or no consequence. They basically can rule any way they want because they know that the poor,, minoriities etc can not afford to pay a competent lawyer to apeal.
Well what is the answer? If average every day people can sit on juries and rule on matters of life and death, why can’t they sit on arbitration panels and decide law suits knowing that if they make a major mistake, then the matter can go to a single judge to make the final decision.
We also need to adopt the British system of “loser pays” which forces MORE SETTLEMENTS because no one wants to take a chance on a weak case such as a frivolous law suit, which are filed by the thousands in the US because the plaintif knows it will ocst X to defend so they will accept ANY offer, knowing they have little chance to win. There are lawyers who make hundreds of thousands of dolars that way, filing frivolous suit after frivolous suit knowing they won’t have to pay legal fees if they lose.
The system is broken and no once seems too eager to fix it because a LOT of people are making a LOOT of money off of it..
I am certainly open to suggestions. You may reach me on Facebook. Responses here are not read, thanks to all the spammers. ALL SPAMMERS ON fACEBOOK WILL BE BLOCKED. If you want to write me, you can send comments to my PO Box 2125 Haddonfield, NJ o8033