Well bust mah britches and call me cheeky, on Sat, 06 Oct 2007 21:58:18
GMT William Gill scribed:
I agree with everything you say, but I don't see the "single simple
solution."
"Equitable", "within reason", or like the ADA says "reasonable
accommodations", are as subjective as "common sense." BTW expenses
come off the top, before "a third" is calculated.
Having dealt with many contracts, laws, lawyers,and judges over the
years I have developed a deep respect for the law of unintended
consequences. The hair on the back of my neck stands up whenever I
hear "that will be easy to fix."
Companies hire actuaries all the time to calculate their "exposures."
Some decide it's cheaper to produce an unsafe product, or skirt a law,
than it is to fix or prevent a problem. It's a numbers game, and
lawyers play it too. Assume for purposes of discussion, that we are
able to define "reasonable" attorney compensation. If a lawyer knows
he/she can make X dollars on one case or the same X dollars on
another, but the second will take more time and effort, which one do
you think he/she will take? Companies have lawyers; they know the
kinds of cases others will shy away from. Are you ready to grant them
license to disregard any laws that don't "cost" them, because no one
can or will "prove it?"
Let's put the principle in another context. I have a couple million
dollars. I can put it in a bank and it will produce a nice safe
return, or I can invest it in a business where, if I'm successful, I
can make a nice profit, and BTW create a few jobs. I could lose
everything, but if I COULD make enough to chance it, I might. Now
someone says "hold on a minute, you're not paying your fair share of
taxes." Will that change the equation, and possibly my mind? What
about those people who needed those jobs?
Elsewhere in this thread, someone suggests putting it all in the hands
of judges to throw out the "unreasonable." Though they can and do do
this now, I'm not sure I want all that power solely their hands, and
if you had seen SOME of the judges I have seen, you wouldn't want any
of it in their hands.
Bottom line, I think we agree in principle, but I'm more cautious
about the solution. I believe in asking "If it's so easy to fix, why
hasn't someone already fixed it?" The answer may be "No one has
tried." or it could be "This is how we fixed it!"
Yeah, your bottom line (and examples supporting it) are pretty darn
accurate. I guess what I'm advocating is a stricter interpretation and
limitation on what non-productive advocates can justifiably glean from
the primary proceeds of their independent clients. I certainly _don't_
believe that the solution lies with the judges because judges _are_
lawyers and will generally be swayed by the associated inequitable
mindset intrinsically related to their "calling".
I suppose my viewpoint is a bit socialistic, but I simply cannot accept
the old "It's not perfect but it works" tenet. The legal system is
hardly more than a joke in my book when money dictates advantage, as it
does now. Why did Patty Hearst "get off" with a slap on the tush? And
what about OJ? -Is he ?really? "innocent" just because his
state-of-the-art lawyers "uncovered" something that 99%+ of everyone
else's lawyers would not have? (-This is an example; don't know enough
about the OJ case to quote actual figures, but the point stands as it
demonstrates a prevailing condition.) A large part of the reason for
much of the crime today is the lack of confidence in the equality of the
legal system to begin with.
Here's one tenet I do believe in: if something's broke, fix it. The
legal system, and the associated judicial system, have been broke for a
long time, and no amount of pontificating and/or platitudizing changes a
fact into a non-fact. In this country (as in most), you can buy
"justice" - plain and clear, if not always simple. The answer is to
rectify this by a stricter, possibly more cynical recognition of who
benefits from what and why and then act upon that "new" information in a
logical and erudite manner. The old stupidities, traditional or not,
just don't hack it in the brave, new world. When justice is for sale,
there is no justice - for anyone.