Hi, Tom,
Tentative grin noted. However, I don't know how much contingency fees help the
poor. When a lawyer is taking up to 60% or more of the damages as his fee, I
think that borders on exploitation. I know that the 'theory" is that he gets
nothing if he loses, so the lawyer is sticking his neck out too, but I wonder
how many matters then come before the courts that have no chance of success, in
hopes of "the big score"? Only clogs up an already over-burdened system, not to
mention the emotional toll on litigants (both sides) who's matters drag on for
years.
In order to make up for the low chance for success, the lawyers inflate the
damage claims, which only drives up insurance premiums ('cause that's who really
pays most damage claims - an insurance company or some other deep pocket) -
contingency fee or not, no lawyer is taking something to court unless someone
can pay at the end. Get some gullible jury (the US uses juries much more than
anywhere else) and a slick-talking lawyer, and you've got folks winning millions
of dollars because McDonald's didn't put "caution, contents may be hot" on a cup
of coffee that someone spilled on their lap (true story!).
No, in Canada and other "British based" jurisdictions, some lawyers will take
cases with merit to court, and withold fees until the end - they just can't
charge a percentage of damages, that's all. Happens in motor vehicle cases all
the time. In addition, there's the availability of Legal Aid for the poor.
And, if the damages are small (I ~think~ it's under $6000 in Ontario), there's
Small Claims Court, which is designed with a simple, streamlined procedure
whereby litigants can easily represent themselves.
Our legal system isn't perfect, but I think that those without money have
access, just as much as anywhere else.
-frank
T Rittenhouse wrote:
> Oh, the old British theory that the poor (lower class) don't need no rights.
> I understand. Hey, Weathfield, got any really good photos I could steal?
>
> <with a very tentative looking grin>
>
--
"The optimist thinks this is the best of all possible worlds. The pessimist
fears it is true." -J. Robert
Oppenheimer
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