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To: X Y Zebra who wrote (188614)	3/5/2009 5:05:03 PM
From: James Hutton	Read Replies (1) \| Respond to of 306849

"Me: Most people can't afford to pay an attorney an hourly rate for a tort case (as well as the expenses) so the only choice is take the case on a contingency basis or send the person on their way. You: the only choice ? false and you know it, you can always decline the case. particularly if it is a MERITLESS case." Perhaps "send the person on their way" is too difficult for you to understand. I should have said decline the case. "STILL, it does not justify the current practice of allowing anyone (including attorneys, -indeed specially attorneys) to facilitate the filing of any suit, which many are without merit without some risk." Your position seems to be that not everyone should be allowed to file a lawsuit. Attorneys are prohibited by Federal and State procedural rules from filing frivolous lawsuits, and if they do, competent defense counsel immediately move to dismiss them and often move for monetary sanctions against the offending attorney. If non-attorneys file lawsuits, they generally lose very quickly because they - like you - don't understand the legal system or its procedures. Oh and there are provisions in some federal statutes that allow a prevailing defending party to move for its fees from the other side, although courts usually deny such requests. Yes, and a link from "overlawyered.com" is certainly unbiased. I'm done. Good luck. You say our tort system is insane based on no facts an no experience. Whatever. If you ever want to sue someone, make sure you tell your attorney that you would like to pay his/her fees of $200-$300/hour (assuming you're not on the east coast or California) and you would also like to pay the other side's fees if you lose. And of course, you know that you'll have to pay your own expenses no matter what. And hopefully you'll do so in a state where your damages are not limited by tort reform. I should have been more clear - your posts on this issue are clueless and incoherent. Perhaps I mistakenly assumed that they reflect the author. If that assumption was wrong, I profusely apologize.