Author: Robert Hyatt
Date: 13:19:05 01/08/04
Go up one level in this thread
On January 08, 2004 at 16:01:24, Bob Durrett wrote: >On January 08, 2004 at 15:54:31, Mark R. Anderson wrote: > >>On January 08, 2004 at 14:04:18, Robert Hyatt wrote: >> >>>On January 08, 2004 at 12:55:19, Steve Maughan wrote: >>> >>>>Christophe, >>>> >>>>[snip] >>>>>...And you would lose and have to pay for all the legal fees. >>>> >>>>This is the case under British law but, as I understand it, it's not the case >>>>for US law where everyone pays their own costs. On this one I prefer the >>>>British system. The US system seems to have the dynamic that if you have money >>>>you can bully other since they will need to find cash to defend themselves. >>>>Maybe this is the reason why there are so many lawyers in the US (~10% of my >>>>phone book is 'Lawyers') >>>> >>>>Steve >>> >>>You can counter-sue for "damages", which in this case would be attorney's >>>fees... That happens often enough. >> >>Robert, >> >>I'm not a lawyer (so perhaps I can still hope to have my soul), but I have been >>told that you can sue someone under Tort law for "Misuse of Legal Process" where >>you can show that someone is merely legally bullying you, should have known they >>were wrong, or is just plain misusing the process. Of course another opinion >>posted here that those with money can often bully those without in this country >>remains true. Money does talk. > >Please don't leave everybody with the false impression that the rich can bully >the poor with impunity. Here in the USA, there is a legal process in place >which can be used to effectively counter frivolous law suits. The problem is >that the typical "poor slob" is neither aware of this nor can afford to hire a >good lawyer to explain it to him. My friend, who had been the victim of >frivolous law suits, finally "wised up" and then put a stop to it once and for >all. > >Bob D. > While there is a process, it is long and painful. That is the sad part of the entire thing. Even if you are right, and you win, you lose a _lot_ of time. And, unfortunately, while you can recover damages in the form of attorney's fees you paid to defend yourself, you can't get your own time compensated for very easily, if at all... >> >>Japan is a country where it is viewed as important to settle one's differences, >>and apologize, without suing. There are many fewer lawyers per capita in Japan >>than in the US. I heard that when Japan was at a very prosperous economic time, >>many American lawyers wanted to go practice in Japan. The Japanese forbid them >>from doing that, because they were afraid the American lawyers would want to go >>around suing everyone, causing a big mess. Now if only we could do that in this >>country .... >> >>Mark Anderson
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