Monday, August 10, 2009

Are We Victims of “Legal Larceny”?

That’s the question many people in our society, and here in South Florida, are asking, as more and more lawsuits are being brought to court, under dubious circumstances. In addition, many lawsuits are settled out of court, under the threat that a person or business will incur a major financial burden if the case is taken to trial, even though their culpability is minimal at best or even non-existent at worst.

No matter where we go, what we say, how we do something, we could be open for a lawsuit if somebody has a complaint or grievance against what we did. Even if our actions were innocent and meant no harm to anybody , it makes no difference to our sue-happy lawyers who are just waiting and drooling for another fee paying client or a deep-pockets victim. Things that we did just a few short years ago, and which we took for granted with little thought about any adverse consequences, now must be looked at as having to possibly prepare a defense against a possible lawsuit instituted by greedy lawyers and their willing citizen foils.

A codified system of law is essential to freedom, but it can also be a means to stifle it, to the detriment of all of us. Fear is permeating much of our lives today, not knowing that what we may innocently do or say in the course of living our lives, which in turn, may be fodder for “barracuda” lawyers to look to winning the “ legal lottery” and a handsome fee for their legal services.

We have been brain-washed into thinking that no matter what we do to ourselves, even by our own negligence, we should be “compensated” by someone else, hopefully someone with deep pockets. Many people never want to take personal responsibility for their own actions. Blame someone else and hopefully collect an award with the help of a compliant lawyer. That seems to be becoming more of the rule rather than the exception in today’s society.

Our nation, in which the population of lawyers has doubled between 1970 and 2000, has created a nightmare scenario for us all, as these lawyers must generate business by encouraging citizens to become potential litigants who will generate fat, juicy fees for the attorney’s who will represent them. The airwaves are flooded with ads from law firms all over the country as well as local law firms, here in Palm Beach and Broward counties, planting the seed of “getting in on the lawsuit gravy train”. The law firms all offer a “free” consultation to have them evaluate your potential claim. Since 90% of all cases are settled out of court, the fee to the attorney is almost assured.

What can or will be done to remedy this situation? Unfortunately, with a change in administration and the Democratic Party beholden to the trial lawyers, who backed the Democratic Party with 90% of their campaign donations worth millions of dollars, the answer is nothing of any meaningful value. Most all people in the Obama administration and the hierarchy of the Congressional Democratic caucus, are all lawyers including President Obama and his wife Michelle, and Vice-President Joe Biden. The congressional leaders which include Senate Majority Leader Harry Reid, Speaker Nancy Pelosi, Rep. Steny Hoyer, Sen. Dick Durbin, Sen. Patrick Leahy, Sen. Ted Kennedy etc., etc., are all attorney’s who do not want to have any meaningful
“tort reform” to rein in this social, legal nightmare.

This “legal larceny” has made our health costs very expensive, our freedom to come and go and enjoy the simple pleasures of life almost non-existent, besides making our system of jurisprudence more favorable to the perpetrators of crime and to hell with it victims.

Look at the pieces of legislation that the Democrats are preparing to vote on in the upcoming session. Many have built-in legal clauses that will be encouraging lawsuits rather than discouraging them.

An irony in our legal system is that the tort lawyers attack the very people we need most in order to be safe: product innovators, companies that make safety devices, hospitals and other healthcare facilities, drug makers, paramedics, nurses and doctors, and law enforcement agencies and its personnel, and those many others, that stand in the frontline between life and death. It’s not only shameful, but also dangerous to us and our families.

You could say that we are not only going to be given an “ economic stimulus” by this Obama administration, but the lawyers are going to get a “ legal stimulus” , as payback to the “ legal larcenists” among us. They are licking their chops in expectation of the Obama administration and its lawyer friendly policies. Hold onto your wallets, they are coming after you.
By Chuck Lehmann

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Anonymous said...

Why do 99% of the lawyers give the other 1% a bad nane?

Wendy from Memphis said...

Obamas first legislative priority is a stimulus package for trial lawyers and liberal-feminist special-interest groups. The only things these two bills will stimulate is more litigation and a further exodus of jobs out of the United States.

Bruce said...

The Democratic Party has become the Lawyers' Party. Barry Obama & Hillary Clinton are lawyers. Bill Clinton and Michelle "Not Proud of America" Obama are lawyers. John Edwards, the other former Democrat candidate for president, is a lawyer and so is his wife Elizabeth. Every Democrat nominee since 1984 went to law school (although Gore did not graduate, hmmmmm)