Yes

5 of 10

by Robin Tidwell

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In 2005, over seven million civil lawsuits were filed in the US; in 1992, 762,000. During that same period, the US population increased from 255 million to 296 million. In other words, in 1992, two individuals out of every 1000 filed a civil suit; in 2005, two out of every 100 individuals did so.

One must note, too, that civil lawsuits and their accompanying statistics do include such common types as: divorce, child custody, property disputes, collections, and so forth.

There could be several reasons for this: the prevalence of television shows and other media, glorifying lawyers and the law, the constant barrage of legal information, the ability to access records and legal forms, which previously was restricted to courts and attorneys; and of course, both the helplessness and dependence on government, and the entitlement which is so pervasive today.

The popular TV show, L.A. Law debuted in 1986 and ran through 1994; the Law and Order franchise started in 1990 and is currently in its tenth year. Boston Legal was at the top of the charts for several years. Movies such as The Firm and Runaway Jury and Erin Brockovich glamorized the legal profession, as well as brought fictionalized justice into theaters and homes across the country.

Prior to 1977, US lawyers were completely barred from advertising by the American Bar Association's code of ethics; by the late 1980s, rules were in place allowing such marketing under regulated conditions. However, considering that the number of attorneys has risen from just over one million in 1992 to 1.2 million in 2008 (approximately 50,000 law firms), if even half of those placed a TV advertisement, just once per year, a person could see 500 legal commercials each week!

Of course, not all firms advertise, and many of those do so late at night and into the wee hours, all of them practically screaming, Call me!, I'll get you a LOT of money! or, a personal favorite: It's MY money and I deserve it!

Naturally, folks are going to flock to these attorneys and yes, some may receive a certain amount of money; many, however, have no clue that a lawyer will typically take upwards of one-third of that settlement. But all that money sure sounds like Easy Street.

Google law, legal, self-help and notice over 78 million hits - access to legal definitions, caselaw, statutes, and much more guarantees that armchair attorneys across the US will decide that yes, they do have a case, and yes, they can obtain a huge settlement, and yes, they'll never have to work again. These also tell the average consumer that yes, they do have the ability to represent themselves. Pro se lawsuits represent a significant number of those filed each year.

People today are more dependent on government to help them than ever before: witness the vast numbers of class-action lawsuits, ranging from the well-know tobacco injury suits to mesothelioma, the newest in fear-mongering.

And of course, there is entitlement. From dog-bite lawsuits to car accidents, from neighborhood spats to so-called wrongful termination, the news is filled with absurd and ridiculous lawsuits:

A man, who left his car in a no-parking zone, stumbled on a soda can lying half-buried in the vacant lot at the edge of a parking lot; he admitted he had seen the can on his way inside. He sued a major department store chain, and won, because the employees should have picked up that piece of trash before it blew off the edge of the lot and became buried under years of dirt.

The infamous elderly woman who spilled hot coffee in her own lap and suffered injuries; she sued a fast-food restaurant and won, simply because she was clumsy and claimed not to realize that a cup which said HOT in large letters would be full of HOT liquid.

Inmates who sue - and often win - damages for receiving only two pieces of bacon with breakfast, instead of the preferred four.

Imagine a person whose dog is bitten by the pet of a neighbor; while accepting the offer of help with cleaning the wound, calling the vet, paying the vet bill, and repeated apologies for the accident, still calls the police and files a report - and later a lawsuit. For what reason? An easy buck, or revenge?

Truthfully, judges have the power to stop these; any suit can be filed, but a judge, and his clerks, determine if a suit has merit or should be dismissed. Why, then, do they permit and encourage these incongruous activities?

Lack of qualifications? Senility? Kickbacks? One must wonder. Perhaps they are overwhelmed by sheer numbers. A common refrain in government is that all are overworked and underpaid. Of course, the average American earns about the same salary as the average judge - and the average American puts in about 46 hours per week; judges, about 40.

There are, indeed, places in the US where judges must meet very minimum qualifications, such as have attained the age of 18; in many places, there is no mandatory retirement, and judges may serve well into their 90s. These extremes, of course, are not commonly representative, and the vast majority of jurists are learned, able, and fair.

Perhaps the fault lies with attorneys. As we speak of entitlement issues, perhaps the ones who possess these attributes are not only civilians; lawyers typically receive a percentage of the settlement in a personal injury suit, and that could be as high as 40%. So compensation of $100,000 means that the plaintiff receives $60,000, and the attorney receives $40,000 - almost as much as the average American earns in an entire year. Someone is making some good money, and it isn't the plaintiff....

So, are we too eager to sue one another today? The facts would bear out the affirmative answer to this question, but the real query is one of responsibility: are we too eager, or are our attorneys too precipitate in convincing us to file? Or, alternatively, are our judges too eager to simply stamp approved on every pleading that comes across the bench?

www.abanet.org

www.usdoj.gov

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