Why Hurry When You Are Getting Paid by the Hour?

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The unregulated,  unlimited ability of attorneys to charge their clients by the hour, for as many hours a week as possible,  is nothing more than an incentive to prolong cases. This is an abomination in this country.  The members of every bar association have used this to trap litigants in the court  system until they extort as much of their assets as possible.  There is no motivation for any attorney to ever expedite a case quickly, and in fact the current system has the exact opposite objective.  Judges never issue sanctions against attorneys, as these attorneys are the ones that put them in office to begin with, by funding their judicial campaigns.

The most egregious behavior is no doubt in the family courts.  Unsuspecting families think they are coming to a safe haven to resolve their family issues,  and hire a lawyer. The truth is the lawyers on either side only work for each other- prolonging the case  to bill as much as possible.  The hourly fees range from $200 to $1000 per hour.  And in my experience- the rate at which you pay has nothing to do with the quality of the legal work. It has to do with how much influence the law firm has on the judge.  Most of the time, the law firm has contributed to the judge's electoral campaign and this is how the outcome of the case will end.

If you enter the courts without an attorney i.e. pro se.. you will receive no justice at all.  In fact, I requested statistics on the outcome of pro se litigants vs represented litigants- and the Administration of Pennsylvania Courts (AOPC) claimed they had no such statistics. I also requested the length of family court litigation in comparison to other civil cases- and they claimed they did not have that information either.

Senator Stewart Greenleaf, who is an attorney, has received hundreds of thousands of dollars over the years, almost exclusively from law firms.  He also has been the Chair of the Senate Judiciary Committee for about 25 years.  He  has been contributing greatly to the complete  lack of court reform in this State.

 

SOLUTIONS

I have seen cases that are intentionally dragged out by attorneys for five years, ten years and even 20 years.  If the incentive of the hourly fees were removed this would stop.  This can be done by not only capping hourly fees, but by limiting the amount of charges they can invoice  per week.  Not only must their hourly fees be capped, but a threshold for the length of time before they are assessed punative fines, needs to be set.  For example, any case that goes beyond 18 months, needs to be reviewed by a panel of non--bar associated citizens.  If there is any intentional expansion of the case, both the judge and the law firms should be fined in the thousands for such conduct.

Other solutions are to tax the falsely proclaimed "non-profit" bar associations to support the court system, as the fees just to file have become prohibitive.. The U.S. Constitution provides for equal treatment under the law, and we have anything but that.. what we have are profiteering attorneys who all belong to the same club, and for decades have been robbing Americans blind.   They have precluded  too many people from benefiting from any of the statutes of our U.S. and State Constitutions.

A massive change that needs to be made  is to bring the entire Judicial Branch back under compliance with the Open Meeting Laws, to which every other agency and branch of our government is subject.  Since 1978, the lawyers have been making their own rules,  to the point of completely obstructing justice and out and out stealing people's assets.  This has to stop, and the only way that it will is to make it clear to the new governor and the newly elected senators and representatives that we will not tolerate this any more.

Everyone needs to demand that the General Assembly address these issues and provide restitution for all the people that have been harmed by these lawyers.  All bar members must be prohibited from serving  on the judiciary committee, and it is just insane at how long this has been allowed to continue, and it continues because people do not speak up.. they wait for everyone else to do it. Copy this and send it to the Senators and Representatives in your State.. no matter what State you are in.. because there is no justice anywhere in America today.

 

 

 

U.S. Supreme Court Chief Justice Wants Less Gamesmanship by Lawyers

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scotusSpeaking in soft but plain words, Chief Justice John G. Roberts, Jr., used his year-end report on Thursday night to urge lawyers who practice in federal courts to take steps to help improve the efficiency, and reduce the cost, of trying cases.  Roberts also added some strong encouragement for judges who preside over federal civil trials to take greater control of the management of cases, rather than leaving the process to the tactics of the competing lawyers.

To draw contrasts with the goals he was promoting, the Chief Justice brought up the chivalric but discredited practice of dueling to preserve one’s honor after being slighted or insulted.  Recalling that experience, Roberts said it serves as “a stark reminder of government’s responsibility to provide tribunals for the peaceful resolution of all manner of disputes.”  For courts to provide justice, he added, they “must be governed by sound rules of practice and procedure,” and he said both lawyers and judges in the federal system must make those rules work.

The Chief Justice said he was focusing the 2015 annual report on the federal courts on the efficient and less costly operation of those courts in order to highlight a broad new set of amendments to the Federal Rules of Civil Procedure, developed over a five-year study period and put into effect this past December 1.  They have the Supreme Court’s approval and that of the policy-making machinery of the federal court system, and Congress chose not to alter them..

While many rules’ amendments “are modest and technical,” Roberts said this new set of rules “are different” because they were drafted “to address the most serious impediments to just, speedy, and efficient resolution of civil disputes.”  He put a good deal of emphasis, throughout his remarks, on the courts’ “discovery” process — that point before a trial opens when lawyers are demanding information from the other side with the aim of helping their side of the case when the trial gets underway.

For years, federal judges and critics of the modern court system have criticized what they call “discovery abuse,” meaning time-consuming and excessive information demands that slow down the process significantly and yet push up the cost because of lawyers billing during that sometimes lengthy process.

Turning to his admonition to lawyers to make the system of litigation work better, Roberts bluntly remarked: “I cannot believe that many members of the bar went to law school because of a burning desire to spend their professional life wearing down opponents with creatively burdensome discovery requests or evading legitimate requests through dilatory tactics.”  Lawyers, he added, must work together cooperatively to chart cost-effective litigation and to achieve “just results.”

Turning to the presiding federal judges, the Chief Justice urged them to get involved very early in the process of litigation, rather than waiting for lawyers to “dictate the scope of discovery and the pace of litigation.”  It is up to the judge, he commented, to “identify the critical issues, determine the appropriate breadth of discovery, and curtail dilatory tactics, gamesmanship, and procedural posturing.”

Attached to the text of the Chief Justice’s remarks was the annual compilation of data about the operation of the federal courts, including the Supreme Court.

Posted in Everything Else, Featured

Recommended Citation: Lyle Denniston, Chief Justice wants less gamesmanship by lawyers, SCOTUSblog (Dec. 31, 2015, 6:01 PM), http://www.scotusblog.com/2015/12/chief-justice-wants-less-gamesmanship/