To: Iwo Jima
I was just in a mediation.
I am an atty.
Shocked to learn the plainitff’s attorneys get 50% if they win the case and have to argue an appeal.
To: All
The first impression from this article is how devestating it would be to be the 19yr old Tech...
To: Treeless Branch
Once upon a time, I would have been shocked by 50%,too. But not anymore.
The last mediation I attended was post-trial after a $2.5 million judgment. One defendant offered 10 cents on the dollar, the others offered nothing.
They offered no reasons that they would hope to prevail on appeal (and they have no basis to hope that they could), but promised to string it out for 4-6 years, filing motion for re-consideration, motion for re-hearing, motion for en banc review, petitions for writ, oral arguments,etc., etc., ad nauseum, during which time they would continue to bill and I would get nothing and my elderly client would be dead and never see a penny.
Of course, in a just world,the defense attorneys would not be able to do that and would have to pay big time for even trying. But we don't live in a just judicial system. We live in a system where defendants and defense attorneys can abuse and manipulate the process with impunity.
So, I am neither shocked nor offended by a 50% fee through appeal.
89 posted on
08/19/2007 11:40:47 AM PDT by
Iwo Jima
("Close the border. Then we'll talk.")
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