Presumably innocent question for the BGP attorneys. Preface: We can assume that every profession (legal, medical, engineering, accounting, etc) has its share of incompetent practitioners can we not? If so, why aren't there more legal actions taken against lawyers who commit malpractice on behalf of their clients? Do we just not hear about these cases as much? Or, are they rare?

 

Caution: This question has the potential to be a loaded question, depending on the answer.:walk:

So what is your proposed solution BRJB?

 

I blame juries more than attorneys. The average person out there seems to want to stick it to large companies, especially insurance companies. Plus, far too often the issues go right over jurors' heads. It probably will sound radical, but I would want to get rid of juries and have a three-judge panel decide lawsuits. And yes I realize it will never happen.

Presumably innocent question for the BGP attorneys. Preface: We can assume that every profession (legal, medical, engineering, accounting, etc) has its share of incompetent practitioners can we not? If so, why aren't there more legal actions taken against lawyers who commit malpractice on behalf of their clients? Do we just not hear about these cases as much? Or, are they rare?

 

Caution: This question has the potential to be a loaded question, depending on the answer.:walk:

 

Legal malpractice lawsuits are a cottage industry. There are lawyers who specialize in it. They are not rare. Our malpractice insurer tells us we are likely to be sued for malpractice at least once in our career.

 

We have stiff malpractice premiums, too. Not as stiff as doctors, and here is why. In almost every state, lawyers have formed a cooperative ("Lawyers Mutual) for self-insurance as an industry. Keeps our rates lower. We have been telling doctors for years they should do it, but they haven't.

 

Legal malpractice complaints should be differentiated from bar complaints against our license to practice (Nifong). I have no hestiation in saying we patrol our profession more actively than any other profession. ost bar complaints are frivolous. Legal malpractice lawsuits usually involve things like missing a statute of limitations or something like that.

I blame juries more than attorneys. The average person out there seems to want to stick it to large companies, especially insurance companies. Plus, far too often the issues go right over jurors' heads. It probably will sound radical, but I would want to get rid of juries and have a three-judge panel decide lawsuits. And yes I realize it will never happen.

 

Elected or appointed? Either way, they are beholden. Appointed, to the people who appointed them. If elected, to the insurance companies and other special interests paying for their campaign.

 

I want my fate decided by someone whom is not beholden to anyone. True independence.

Elected or appointed? Either way, they are beholden. Appointed, to the people who appointed them. If elected, to the insurance companies and other special interests paying for their campaign.

 

I want my fate decided by someone whom is not beholden to anyone. True independence.

 

The judges would be lawyers. Are you implying lawyers couldn't be honest in my scenario? :scared:

I blame juries more than attorneys. The average person out there seems to want to stick it to large companies, especially insurance companies. Plus, far too often the issues go right over jurors' heads. It probably will sound radical, but I would want to get rid of juries and have a three-judge panel decide lawsuits. And yes I realize it will never happen.

 

 

Good point. As to jury composition, I used to routinely get calls from clients, family members and friends asking me if I could call someone and get them off of jury duty. I responded "Sure I'll try, but the next time I hear you complain about some out of touch jury verdict, I'll remind you that you were unwilling to serve on jury duty yourself, so you have no right to complain about a jury verdict". They usually replied with "good point, never mind". I don't get many of those requests anymore.

 

Its one of those things I find quite ironic. Like working people and stay at home moms and dads that take time off of work or away from their families to volunteer at free food clinics for the poor. There are plenty of able bodied people going through the food line getting free food, yet we don't even require them to clean pots and dishes, serve food or prepare it or even take out the garbage; rather we ask people contributing to society to stop what they are doing to do it for these people. Does that make sense? To me it does not. And no, not all of them are so mentally unstable that they couldn't do the tasks.

Presumably innocent question for the BGP attorneys. Preface: We can assume that every profession (legal, medical, engineering, accounting, etc) has its share of incompetent practitioners can we not? If so, why aren't there more legal actions taken against lawyers who commit malpractice on behalf of their clients? Do we just not hear about these cases as much? Or, are they rare?

 

Caution: This question has the potential to be a loaded question, depending on the answer.:walk:

My understanding is that it is just not cool to sue other lawyers. Same goes for other fields. Although there are many medical malpractice suits, in general doctors are hesitant to put blame on other doctors. It could be a bad career move.

Legal malpractice lawsuits are a cottage industry. There are lawyers who specialize in it. They are not rare. Our malpractice insurer tells us we are likely to be sued for malpractice at least once in our career.

 

We have stiff malpractice premiums, too. Not as stiff as doctors, and here is why. In almost every state, lawyers have formed a cooperative ("Lawyers Mutual) for self-insurance as an industry. Keeps our rates lower. We have been telling doctors for years they should do it, but they haven't.

 

Legal malpractice complaints should be differentiated from bar complaints against our license to practice (Nifong). I have no hestiation in saying we patrol our profession more actively than any other profession. ost bar complaints are frivolous. Legal malpractice lawsuits usually involve things like missing a statute of limitations or something like that.

 

Thanks for the info. Turns out my question will not be a loaded one afterall. However, I'd be surprised if the self-regulation that occurs in your profession is much tougher than that which is present in our profession. And no, Enron/Worldcom/etc are not good measuring sticks of the self-regulation that is present in our profession.

The judges would be lawyers. Are you implying lawyers couldn't be honest in my scenario? :scared:

 

Yes. Politicians are lawyers too. I'm sure many of them (OK, maybe just a few) were good lawyers beforehand, but politics does things to people. Judge is a political position.

Since someone brought up juries.

 

Is it true that the trend now is for lawyers (particularly plaintiffs lawyers) to try to seat the least educated jury pool that they can under the assumption that people with "less" education are more likely to take things at "face value" and not over anylize?

Since someone brought up juries.

 

Is it true that the trend now is for lawyers (particularly plaintiffs lawyers) to try to seat the least educated jury pool that they can under the assumption that people with "less" education are more likely to take things at "face value" and not over anylize?

 

 

 

 

:D

Since someone brought up juries.

 

Is it true that the trend now is for lawyers (particularly plaintiffs lawyers) to try to seat the least educated jury pool that they can under the assumption that people with "less" education are more likely to take things at "face value" and not over anylize?

 

Not in my jurisdiction. The prevailing thought process here (and we spend a LOT of time on jury selection) is that the more uneducated among us tend to have a difficult time grasping large dollar requests and also tend to subscribe to the "suck it up, he aint hurt" theories. More educated people tend to understand the economic complexities of how catastrophic injuries change lives.

Duke DA says maybe he got carried away

Duke DA says maybe he got carried away

 

It doesn't take a lot of intestinal fortitude to admit to libel or slander when you are immune from the civil liabilities that others aren't.

Ain't that the truth