What this country need is a constitutional amendment banning frivolous politicians and their fraudulent ravings of greedy trial lawyers and frivolous lawsuits.
The common law we inherited from England on July 4, 1776, and many statutes enacted since that time, provide adequate restraints on frivolous lawsuits and unjustified damage awards — the restraints are called contingent attorney fees, litigation costs, punishment of lawyers by the court, burden of proof, preponderance of the evidence, mediation, judges, juries, appellate courts, and the opportunity for all parties to present their evidence in a public trial by the best counsel they can find. After a trial, the parties can ask a judge to increase or decrease an award of damages; they can request a new trial; they can appeal to two higher courts. In addition, in some instances, the plaintiff who started the suit, can be ordered to pay the attorney fees and costs of the party they sued. These proposals on caps take away the right of the people to seek redress for damages, and to obtain a lawyer of their choosing. Our republic and the three-branch system of checks and balances are in grave peril. The clear trend is that, at an accelerating pace, business interests fund the election of politicians, who in turn reward their patrons by enacting laws favorable to business, even going so far as to allow the lobbyists to actually write bills in the legislature, which subsequently pass and become law. That is what was done in the case of the Florida workers’ compensation law that was passed in 2003. Business running the government — that is the definition of fascism.
A lawyer who represents injured people on a contingent-fee basis (no fees no costs unless you win) is an example of the ideal of an entrepreneur — taking a risk, putting his own money up to pay expenses of a suit, with the hope of being rewarded in proportion to his/her risk. Trial lawyers should be embraced by the Republicans and doctors, just as they embrace trial lawyer Mel Martinez (What’s up with that?). A plaintiff lawyer may litigate a case for years without receiving a fee or recovering her investment; in fact, if the case is lost after all appeals are exhausted, the lawyer may receive no fees or even costs for all his effort. It’s all or nothing for our hard-working capitalist. On the other hand, if she is successful, she may be richly reward by the return on her investment.
So-called tort reform benefits the one-half of one percent of America’s population, and the Fortune 1000, which will reap huge benefits. Their $trillions of assets will be shielded from the reach of the civil law. They can willfully market defective products that will maim and kill, sell dangerous vehicles, neglect the elderly in nursing homes, injure or kill anesthesized patients in the hospital, overcharge borrowers for loans, et cetera. They will not have to answer for their negligence.
The more I think about it, what this country really needs is a constitutional amendment that caps the profit a car dealer can make per car (they increase the costs of cars for consumers); a limit on real estate commissions brokers can earn on a sale (their work makes the cost of property go up too fast); a limit to the profit that car manufacturers can make on each car; a limit that corporate executives can earn in salary, bonus and stock options (Clinton tried that back in 1993, when they capped at $1million the amount a corporation could deduct for salary paid to an executive); you get the idea. It’ll be a big old feud, a bonfire, fueled by hatred of one econonic interest for another.
I would have expected nothing less from Mr. Motes to justify his noble profession. Speaking of cutting commissions or capping profits, why not do away with contingency representation and go to the hourly fee or a “per job” basis on suits? Oh, I forgot, if the defendant has no insurance or assets, trial lawyers head south to richer climates. A plaintiff eager to sue then should be willing to fund the process on their own. The lawyer should put aside that vision of the big award and help the injured for a nominal fee, just like John Edwards is fighting to right all the wrongs in this country, like ob/gyns who are stopping their practice over malpractice issues. We all know the noble way Mr. Edwards has contributed to help that problem.
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What this country need is a constitutional amendment banning frivolous politicians and their fraudulent ravings of greedy trial lawyers and frivolous lawsuits.
The common law we inherited from England on July 4, 1776, and many statutes enacted since that time, provide adequate restraints on frivolous lawsuits and unjustified damage awards — the restraints are called contingent attorney fees, litigation costs, punishment of lawyers by the court, burden of proof, preponderance of the evidence, mediation, judges, juries, appellate courts, and the opportunity for all parties to present their evidence in a public trial by the best counsel they can find. After a trial, the parties can ask a judge to increase or decrease an award of damages; they can request a new trial; they can appeal to two higher courts. In addition, in some instances, the plaintiff who started the suit, can be ordered to pay the attorney fees and costs of the party they sued. These proposals on caps take away the right of the people to seek redress for damages, and to obtain a lawyer of their choosing. Our republic and the three-branch system of checks and balances are in grave peril. The clear trend is that, at an accelerating pace, business interests fund the election of politicians, who in turn reward their patrons by enacting laws favorable to business, even going so far as to allow the lobbyists to actually write bills in the legislature, which subsequently pass and become law. That is what was done in the case of the Florida workers’ compensation law that was passed in 2003. Business running the government — that is the definition of fascism.
A lawyer who represents injured people on a contingent-fee basis (no fees no costs unless you win) is an example of the ideal of an entrepreneur — taking a risk, putting his own money up to pay expenses of a suit, with the hope of being rewarded in proportion to his/her risk. Trial lawyers should be embraced by the Republicans and doctors, just as they embrace trial lawyer Mel Martinez (What’s up with that?). A plaintiff lawyer may litigate a case for years without receiving a fee or recovering her investment; in fact, if the case is lost after all appeals are exhausted, the lawyer may receive no fees or even costs for all his effort. It’s all or nothing for our hard-working capitalist. On the other hand, if she is successful, she may be richly reward by the return on her investment.
So-called tort reform benefits the one-half of one percent of America’s population, and the Fortune 1000, which will reap huge benefits. Their $trillions of assets will be shielded from the reach of the civil law. They can willfully market defective products that will maim and kill, sell dangerous vehicles, neglect the elderly in nursing homes, injure or kill anesthesized patients in the hospital, overcharge borrowers for loans, et cetera. They will not have to answer for their negligence.
The more I think about it, what this country really needs is a constitutional amendment that caps the profit a car dealer can make per car (they increase the costs of cars for consumers); a limit on real estate commissions brokers can earn on a sale (their work makes the cost of property go up too fast); a limit to the profit that car manufacturers can make on each car; a limit that corporate executives can earn in salary, bonus and stock options (Clinton tried that back in 1993, when they capped at $1million the amount a corporation could deduct for salary paid to an executive); you get the idea. It’ll be a big old feud, a bonfire, fueled by hatred of one econonic interest for another.
Chad Motes, P.A.
Chad Motes, Esq.
1705 Colonial Blvd.
Suite A-1
Fort Myers, FL 33907
239-936-3388
239-791-3543
chadmotes@worldnet.att.net
http://www.chadmotes.com
I would have expected nothing less from Mr. Motes to justify his noble profession. Speaking of cutting commissions or capping profits, why not do away with contingency representation and go to the hourly fee or a “per job” basis on suits? Oh, I forgot, if the defendant has no insurance or assets, trial lawyers head south to richer climates. A plaintiff eager to sue then should be willing to fund the process on their own. The lawyer should put aside that vision of the big award and help the injured for a nominal fee, just like John Edwards is fighting to right all the wrongs in this country, like ob/gyns who are stopping their practice over malpractice issues. We all know the noble way Mr. Edwards has contributed to help that problem.