The Threat from Lawyers is No Joke

Imprimis ^ | March, 2004 | Walter Olson

[i_dont_chat]

Perfect example of the need for tort reform:

Witness to Harris murder loses job - hotel worker was fired day after testifying

http://www.freerepublic.com/focus/f-news/845813/posts

[Bigun]

You don't know this case.

On THAT point you are absolutely correct but WHAT, pray tell, does Mrs Harris's behavior in the hotel lobby have to do with the killing of her husband?

If the "lady" Mrs Harris attacked was the one suing the hotel for failing to call the police it might make more sense but I don't think that was the case.

[Oberon]

Voir dire allows one to make the best of the jury pool that he is given.

Yes, but what does best mean, exactly? "Most capable of critical and independent thought"? What lawyer, whether prosecutor or defense attorney, wants that?

[Centurion2000]

For every lawyer with an absurd argument is a defending lawyer. Without lawyers there would have been no defenders to the 2nd amendment, they would have swept abolition of the 2nd amendment across the USA like a dust storm.

Ever seen what a determined man, one bolt action rifle and 100 rounds can do ?

If it were not for lawyers, the second revolution would have already occurred.

[fr_freak]

That should have been sufficient reason for the employees of the hotel to call the police. Sadly, they did not.

It was her choice, and her choice alone, to use her car as a weapon and run over her husband. You cannot reasonably argue that the hotel employees put her in that car so she could kill her husband and, unless you can read minds, you cannot say whether or not they even recognized that possibility. The responsibility for that crime rests solely with her. If you cannot see that, then you are part of the problem.

[Kozak]

I happen to put the blame first on the juries and judges.

Nice lawyerly response. You guys are the JUDGES, you rig the game to make sure juries are stuffed with people who couldn't pour piss from a boot with the instructions on the heel, then claim innocent. Feh.

[KevinB]

If it were not for lawyers, the second revolution would have already occurred.

Finally, someone who understands what Shakespeare meant when he wrote "first thing let's kill all the lawyers." Words are mightier than the sword. The lawyers were the ones most able to stop the revolution so they needed to be eliminated first.

[KevinB]

Yes, but what does best mean, exactly? "Most capable of critical and independent thought"? What lawyer, whether prosecutor or defense attorney, wants that?

Neither does. Each side picks the jurors it thinks are inclined to be favorable to its position. That's the push and pull of the adversarial system. The theory is that a battle of the extremes will result in a neutral resolution. Of course, the theory can fail if the entire jury pool is predisposed to a certain position.

[Bloody Sam Roberts]

I'm pretty sure the rest of this story is true though.

Actually, the whole thing is fiction. A piece of satire written by my father-in-law while listening to Rush one afternoon. I believe it was the lawsuit brought against McDonald's by the fat people that inspired him.

[TheWriterInTexas]

I respectfully disagree.

It is not the employee's job to call the police if the *victim* does not request it (unless they are physically unable to make the request on their own behalf). If the victim (ie., the "girlfriend") did not ask for the police to be called, the hotel staff would have respected her privacy and NOT called the police.

As for being led away in handcuffs, this is pure speculation. Even if the police *had* been called, there is absolutely NO GUARANTEE - ZERO, ZIP, NONE - that police would have arrived in time. Talk to any police officer, and find out how this type of event ranks on the importance food chain. Low, my friend. Very low.

Even if they did arrive, and the victim did not press charges, Mrs. Harris would have walked.

Let's presume they did arrive in time, and the girlfriend pressed charges - you can not discount the possibility that she could have returned to the scene later on and attempted her stunt then. The most the hotel could do is issue a Criminal Trespass Warrant against her.

The employees brought her to her vehicle because it was her property, and she had a right (and an obligation) to remove it from their property. They physically ejected her from the property to protect themselves, their staff, and, most importantly, their guests.

I see NO NEGLIGENCE on the part of the employees. They are not mind readers or sooth sayers.

If we are to shift blame for Mr. Harris' death, let's look at everyone, then. How about the daughter, who lured her father out? What was that? She was tricked? Gee! She knew her mother better than the hotel staff but they supposedly should have "known" how to deal with the woman?

What about Mr. Harris, who left the safety of the building? He put himself out in the open. Not fair? He was married to the woman, but even he obviously didn't expect her to run him over. But the hotel staff was supposed to be "trained" to deal with this type of insanity?

Hey, I know! Let's blame the home-wrecking slut he was cavorting with. If she wasn't in bed with the guy, Mrs. Harris wouldn't have flipped out!

Blaming the employees, who had only the slightest possible interaction with this woman, for her actions, is just plain horsehockey.

Someone is looking for deep pockets and a convenient place to shift the blame.

I'm not going after you, IDC, on this - but on the premise that anyone else other than Mrs. Harris is responsible for her actions.

[philetus]

Don't let it get to you Kevin, there are a lot of people who appreciate what lawyers on our side try to do.

We wouldn't get anywhere without lawyers helping.

[BykrBayb]

LOL - I was being facetious. If I was really stupid enough to believe it, I'd be on DU. I had 3 reasons for not using /sarcasm. 1) I didn't want to ruin the story for anyone who hadn't read it yet. 2) I thought my reply was funny, and I didn't want to take away from that. 3) I ass u me d anyone who read the essay would know I was joking.

[LTCJ]

BTTT

Read later.

[CapandBall]

“Ask Scruggs if trial lawyers are trying to run America, and he doesn’t bother to deny it: ‘Somebody’s got to do it.’”

Q.E.D. never vote for lawyers...

[Bloody Sam Roberts]

LOL - I was being facetious.

Sorry. I figured you were...but I wasn't 100% sure. It's been a long day.

[Atlas Sneezed]

I happen to put the blame first on the juries and judges.

Nice lawyerly response. You guys are the JUDGES, you rig the game to make sure juries are stuffed with people who couldn't pour piss from a boot with the instructions on the heel, then claim innocent. Feh.

---

You may as well say that college graduates, or English speakers, or Americans are the judges, and crudely blame whichever group you wish.

For every judge (not all of whom are former lawyers) who makes a decision you oppose, there was a LAWYER making the case against the decision.

[Kozak]

For every judge (not all of whom are former lawyers) who makes a decision you oppose, there was a LAWYER making the case against the decision.

Yeah, and for 31 pieces of silver he would argue the opposite.

[Registered]

Hey, have you seen this?! It's great.

[Ms. AntiFeminazi]

I saw the hardcopy. Good post. I thought this was an excellent article. Thanks for the ping!

[Little Ray]

I don't see fault on any part of the Hilton. It is not their business how "upset" the stupid woman is. They just want to get her off their property without creating a scene.