Gun distributor sues teacher's widow for legal fees

The Florida Times-Union ^ | July 26, 2003 | Associated Press

[Chancellor Palpatine]

Either way, its got to be a damn sight better than what is currently there.

I haven't decided which is worse - the million dollar plaintiff's demand on the soft tissue case, or the $5,000.00 defense offer on the objectively proven, debilitating spinal injury case.

[Bluntpoint]

Frankly, speaking from experience, the whole system implode before real changes are made.

Most attorney see tort reform as just another cost of doing business.

They don't mind increasing your costs of doing business by their selfish antics. But they cry like babies and take the laughable high moral ground when someone speaks about curbing their business.

That's when you start hearing that the law is what keeps this society together, the jury system is last defense from tyranny, blah...blau...blau!!!!!!!!!!

[Bluntpoint]

I haven't decided which is worse - the million dollar plaintiff's demand on the soft tissue case, or the $5,000.00 defense offer on the objectively proven, debilitating spinal injury case.

Remember, on both sides of these cases is the same profession: Lawyers! No case too absurd to file. No defense to frivilous to mount. Just pay the prostitute when you are done.

[Woahhs]

Where is the disincentive for this lawyer to bring another such silly ass nuisance suit? Nowhere.

My intent was to point out the lawyer isn't going to be the one to suffer for bringing frivolous lawsuits.

[Bluntpoint]

Once their clients start getting banged for their attorney's malpractice, the attorneys will start suffering.

I can just see the commercial:

"Let me represent you in your non-existent, soft tissue injury suit. If I don't win your case, I will do your bankruptcy half price."

[Unicorn]

That sounds good to me.

[templar]

A lesson to be learned here. Never, never file a suit that can be ruled frivolous if you have any income or assets.

[Unicorn]

No it was Bob Montgomery one of the big winners on tabbaco it thought he had a big win coming.

[templar]

Where you gonna find a lawyer to sue a lawyer?

Malpractce suits against lawyers aren't uncommon. Check out any legal database (aka law library) and you'll find a number of them in the appellate rulings. That's why lawyers, like doctors, generally carry professional malpractice inusrance.

[1L]

Learn how to read cases in one semester and teach the black letter law the rest of the year.

The reason this wouldn't work and why it isn't done is that the so-called black letter law isn't really black letter. Texas' negligence law, for example, is both written and interpreted differently than many other states. Yes, there are still similar elements, but reading cases for only a semester will produce extremely bad lawyers who can't think very well. I have my complaints about the legal educational system -- it is nowhere near clinical enough, as typically law school students have more classroom hours than doctors, but few schools have clinical and practicum requirements. The third year curriculum should be spent doing what lawyers actually do: practice law, from litigation to transactional and everything in between. My third year I should have spent Monday dressed up in court, Tuesday reviewing a lease for a lessee, Wednesday drafting a motion/petition/answer, Thursday sitting in on a client consultation, and Friday in an actual negotiation or exercise.

In addition, Black letter law doesn't do a litigator much good when there is an unresolved difference of opinion in the circuit courts. If you disagree, answer this question: is there a legal duty for a commercial property owner in Texas who is selling a forklift parked within 20 feet or so from the entrance to keep the forks in a lowered position? If so, is that duty breached when a customer, who isn't paying any attention where he was going runs into the forklift and injures himself? Finally, were the damages allegedly suffered by the customer who ran into the forklift (i.e. a head injury if raised, or a leg injury if lowered) proximately caused by the owner's breach of the duty owed?

[Bluntpoint]

Reading case law for three years, you agree, is a waste.

I truly believe law is more a trade than a profession and should be treated as such.

Those still trying to foist the law as something so complicated that you need to pay professional size fees are really no better than any other "closed shop" union members trying to protect their income and status.

To work in a profession that makes you valuable and a required commodity simply because there are others in your profession that will take any case, mount any arguement or defense, for a dollar, is disheartening.

The reason an honest man needs to hire an attorney is because the dishonest man has no problem retaining an attorney to do his bidding.

The system, as it stands today, does not even attempt to solve this.

Most attorneys' livelihoods depend on the reciprocal bad faith of other attorneys.

It pains me that I can never get the time back that I wasted in pursuit of my law degree and practice.

[Bluntpoint]

Further, I went into law at an age over most of my classmates.

I worked varied other types of jobs before.

But I never experienced such a low quality of individual as I did once I enter the profession of Law.

I got to the point that I did not want to answer my phone if an attorney was on the other end. I knew 9 times out of 10 this guy was either going to lie to me, try some form of extortion or at least make clear his or her moral and ethical obtuseness.

[Bluntpoint]

In addition, Black letter law doesn't do a litigator much good when there is an unresolved difference of opinion in the circuit courts. If you disagree, answer this question: is there a legal duty for a commercial property owner in Texas who is selling a forklift parked within 20 feet or so from the entrance to keep the forks in a lowered position? If so, is that duty breached when a customer, who isn't paying any attention where he was going runs into the forklift and injures himself? Finally, were the damages allegedly suffered by the customer who ran into the forklift (i.e. a head injury if raised, or a leg injury if lowered) proximately caused by the owner's breach of the duty owed?

Do you see what law school did to you?

Boiled down to reality:

Dumbass ran into forklift.

[Bluntpoint]

The law, in your example, took a simple set of facts and added several pounds of lard to make it seem more complicated and mysterious.

Someone needs to wake up the profession and tell them they should not charge by the superfluous word.

[Dante3]

About time those filing firvolous lawsuits should be held accountable for their greed. And the distributor should go after her personal assets.

[Bluntpoint]

Her personal assests and all those employed by her in such a suit.

While in reality, she was no more than the "raw material" utilized by the attorneys to extort money from the gun manufacturor.

[dennisw]

I don't know her lawsuit in particular but I know from personal experience that the winning defense can sue for payment of legal fees in Florida. The judge decides, does not rubber stamp the request and may reduce it.

[wita]

Who needs proof, I like your line.

[Redbob]

Valor MUST sue her if such frivolous lawsuits are to be deterred.

[Redbob]

Let Valor collect from the widow, then let her sue anyone who gave her bad advice.
She made a bad decision, and she needs to understand that fact.
Screw her.