Ok, another comment.
There is no doubt in my mind that I am loyal to the profession and to the integrity of those who defend it, including my brother trial lawyers. Let me give you an example of what I am not loyal to:
Congress recently passed new bankruptcy legislation making it difficult for a chapter 7 filing (to the detriment of those who really need the protection of the United States Bankruptcy Code.) I received a call from a person who was shopping by phone for the cheapest rate. Our office protocol is free consultation. My office gave our rates and the person came in. Within the first five minutes it was obvious that the person had talked to other attorneys. The person went on to tell me that another attorney told him/her that he/she should charge the attorney fee that is within the presumption range to a credit card and then discharge the card in the Chapter 7. In addition, I was told, that advice was given to max out all cards and make a payment or two and then file them in thechpater 7 after 90 days and if that was done then they could charge the entire attorney fee on the card and discharge it all since they were going to wait 90 days. I told the client that I could not represent them and terminated the meeting.
While many reading this may not understand the time periods, but the attorneys reading this will know what I am talking about. This is exactly the type of behavior that is unacceptable in our profession, but it does occur.
Tort reform (personal injury) by all accounts doesnt appear to be worth much. Whats really sad and frustrating though is the fact that our system of "justice" is so unjust and it certainly doesnt address the basic evil aspects of our countrys "personal injury industry."
Many trial lawyers have succeeded in fashioning a system whereby people are encouraged not to take any responsibility for their own choices and actions. They are encouraged to try to find someone else to blame if they suffer any kind of misfortune in life.
Anyone can sue for anything, no matter how frivolous. It makes no difference what the truth is. A jury may still find a plaintiff liable for millions of dollars even if the plaintiff did nothing wrong and practiced the standard of care. The plaintiff is forced to pay something or get buried in legal fees anc costs.
Dont get me wrong, there are people who are genuinely hurt by the acts of another and need the advice and help of a good personal injury attorney. Unfortunately, the disingenuous are making it tough on everybody.
It is not all the fault of the attorney or the public. When I went to law school, the LSAT (law school test) to get intolaw school had to be a minimum of 165 for admission into a fairly good school. Now it is 125!!! What is happening is that law schools are lowering their standards in order to keep tuition dollars coming in to pay for the schools, teachers, libraries etc. Many of the now graduate derelicts cant keep up with the finesse of the profession and end up becoming the so-called ambulance chaser or counselor of the fine line. Most professions have them, like a skeleton in the closet, we try to avoid them. In the end they dont make it, get disbarred or suspended from the practice all together. Unfortunately, they leave a lasting impression upon the public that gives the entire profession a black eye.
Am I blunt, yes! I am the first to admit I have a terrible bedside manner as many of you have noticed in previous posts. I believe that many of you understand the reality I describe, and like I said before only society can remedy it.
Tim/Hawk
