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Why We Hate Lawyers!

By Doug Bandow on 5.13.09 @ 8:52PM

Despite years of legal reform, the bizarre lawsuits continue to be filed. Reports ABC News:

Coffee too hot? Or perhaps the dry cleaners lost a favorite pair of pants? Maybe, like one Colorado inmate who hurt himself rappelling down a jail wall claimed, sheriff's officials made escaping a little too easy.

Those are a few of the allegations in controversial lawsuits that have been filed recently.

Hundreds of lawsuits are filed every day in the United States, for claims ranging from legitimate to ridiculous. A survey of 34 state court systems found 433,000 new tort cases in 2006, down from 547,000 in 1997, according to the National Center for State Courts.

A woman famously sued McDonald's in the early 1990s after she spilled scalding coffee on her legs. A jury awarded her more than $2 million, which was reduced by a judge. A Michael Jordan look-alike sued Nike and Jordan for $862 million because he found it distressing to be mistaken for the basketball star. He dropped his suit after a wave of negative news articles.

"When people bring suits they often sue for the moon," says Phillip Howard, chairman of Common Good, a legal reform coalition. "Some people will bring suits over any accident or perceived slight and the broad effect of that is that people in society go through the day looking over their shoulders."

The good news? At least the total number of lawsuits is down.

View all comments (18) | Leave a comment

Dr Tom Voter| 5.13.09 @ 9:12PM

If the Democrat governor signs it, Oklahoma is about to pass law suit reform. It includes a provision that if the participants in a class action suit receive coupons as their portion of any settlement, the lawyers shall be paid in coupons also. Now that is change I can believe in!

R Grayson| 5.13.09 @ 9:42PM

People hate lawyers, often, because of irresponsible, self-promoting morons like you, who sensationalize the isolated, absurdly hyperbolic cases, without pointing out the absolutely booming volume of legitimate cases where lawyers do something good for their clients and/or society. Without lawyers Ford would still be selling exploding cars, seat belts wouldn't exist, lead paint would be on EVERY kid's toy every consumer-protection measure implemented within the last 100 years would still not exist. So hate away as you strap your precious baby into an infant seat, after your obstetrician carefully counted all of the surgical sponges after your wife's delivery to make sure that one wasn't left inside her. Grow up, Bandow! Corporations' and people's sense of caring and responsibility for others is often governed by their proportionally legitimate fear of being held accountable in a court financially--not because they're warm, fuzzy and thoughtful. BTW: I was a DEFENSE attorney. the things that some of my corporate and doctor clients did routinely, because it was cheaper, would make you slit your throat in guilt to defend!

Harrison Chambers| 5.13.09 @ 10:18PM

A wise man once said ... "the first thing we do is kill all the lawyers" ...

R Grayson| 5.13.09 @ 10:31PM

Actually Harrison it was Shakespeare, and it was said in a speech by a character known to represent a hated villain in British history, who was trying to figure out the best way to start a civil war without being detected and stopped. Good example of how this type of defamatory Bulls**t gets perpetuated, though. Of course, taken completely out of context by an uninformed person to make a point and express his prejudice!

Martin Owens| 5.14.09 @ 1:32AM

I'm an attorney myself, but I often wonder if the tort trade isn't doing more harm than good. Let's take the famous McDonald's hot coffee suit for an example. One of the key points that carried the decision for the plaintiff was this- McD's had received literally hundred of complaints that its coffee was too hot. Yet one plaintiff received a $2 million judgment and all the others got zilch.

That's not social justice. That's a casino. And how many million-dollar judgments does it take before a company is bankrupted- i.e. nobody gets anything? Or again, when there's a judgment in a class action suit, $10 million... if the lawyers get $5 million and 5 million consumers get a $1 coupon apiece, whose interest is being served?
Lastly, excessive litigation functions as a hidden tax on society as a whole. We complain about the cost of health care, for example- but how much of that is defensive medicine, doctors covering their butts against potential malpractice suits?

To be sure, lawsuits serve a needed purpose. Still, it will do no harm to check now and then, to and see if the benefit is worth the burden. And whether other mechanisms might serve the same purpose at less cost...

Martin Owens| 5.14.09 @ 1:34AM

MT| 5.14.09 @ 3:59AM

You're right, Grayson--sometimes only a good attorney stands between the innocent and injustice. Courtroom warriors.

Crusader| 5.14.09 @ 9:19AM

A simple solution to tort reform--loser pays. Most other Western democracies have it. If I sue you and I lose, I pay your lawyer fees, lost wages, etc. Would cut down on the "frivolous" lawsuits I think.

PolishKnight| 5.14.09 @ 10:27AM

RGrayson should have ended his comment with: "and you'll be hearing from my attorney..."

Even attorneys admit that the profession seeks to serve itself more than the public or even their clients. One attorney friend of mine joked: "The best liability case is one where most of the money goes to the lawyers."

RGrayson, you told us to be thankful for those car seats and sponges not sewn into patients. Did you mention that they should be grateful that car seats and medical care costs skyrocketed due to malpractice insurance and legal fees? Should we thank attorneys when children's clothing is made with cancer causing fire retardation chemicals to avoid fire lawsuits and then trigger a whole net set of cancer lawsuits down the road? There is no "perfectly safe" product or service including and especially the legal industry itself.

In addition, lawyers don't just work for the innocent or the victim of lawsuits but also for the corporations themselves. That's where the real money is often at for starting lawyers looking to pay off their 6 figure student loans. So they come up with all kinds of loopholes to make... exploding cars, bad child-protective seats (and help craft laws to require people to buy them), and get a doctor off of a charge he sewed the sponges in the patient because the 10 pages of legalese the patient signed voided all of his legal and human rights.

PolishKnight| 5.14.09 @ 10:38AM

MT, let me tell you about the courtroom warriers:

I had two cases where employers had violated my workplace rights. I went to two lawyers (back when I believed they knew what they were doing) and asked them if I had a case. In the one case, I was told no. What he meant by "no" was that he couldn't see how he could make a 6 figure profit from my case and therefore he didn't care what happened and wanted me out of his office. I later found out that if I had just called a few paralegals and government agencies, I would have gotten my money.

In the other case, the lawyer told me that I didn't have a great case because the law was against me (which it wasn't) but... he could work hard to try to find a case for me if I gave him $10K. He would then come up with a plan and then, if I was interested, I could move forward with a $20K in fees and a hefty contingency fee. Most of the money would go to him. Once again, if I had just done things on my own with a paralegal and a few calls, I would have been better served.

On the other hand... I do know of cases where lawyers have protected the rights of the unjustly accused but... it cost them their homes. Such brave guys, eh, working to defend the innocent in the dangerous environment of the courtroom unlike our soldiers in Iraq and Afghanistan who get shot at for a few grand a month?

MT| 5.14.09 @ 2:33PM

I know some excellent attorneys who are both intelligent and moral. God forbid you're ever falsely accused of a crime--you'll be thanking your lucky stars for a good attorney then.

PolishKnight| 5.14.09 @ 3:38PM

MT, my lawyer friends, including one of the best defense attorneys in California, put it simply that they don't work for thanks to lucky stars, they want to be paid.

And I don't think there's anything wrong with lawyers along with doctors, teachers, plumbers, etc. getting paid reasonably for what they do.

MT| 5.14.09 @ 4:02PM

Not all warriors are on the battlefield--some are everyday heroes. I didn't say attorneys worked for nothing--'lucky stars' applies to YOU.

ciel| 5.17.09 @ 8:13PM

I totally agree. Finally I founs someone that feels the way I do.
Like the 20 year old who crashed his car being drunk and speeding and yet the family sued Goodyear and won a significant amount.
http://law-firm-injury-claim.blogspot.com/