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Old Sun, Jul-28-02, 11:23
missbetsy missbetsy is offline
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Posts: 172
 
Plan: Atkins
Stats: 196/137/130 Female 65.5
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Progress: 89%
Location: Tampa, Florida
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Sorry for the mistype wbahn. Interesting comments. True, everyone has a duty, given our advantages of living in a democratic system, to make personal and professional choices about what is reasonable and rightful use (not abuse) of our legal system, including potential plaintiffs, lawyers, judges, and juries. Likes most things in life it boils down to moral fiber, integrity, character, and honesty. Maybe our society is being socialized to value money over all else. I do think that these issues exist in politics, corporate management, and other professions where individuals are vested with a great deal of power (and thus responsility).

And, Rhu, sadly, lawyers have to look at cases in terms of a business perspective in some respects. Sometimes there are wonderful cases that should be brought, but the reality is that a legal pratice would go under if it was not likely to settle or render a decision that covered all the expenses of the suit. And if a suit will only cover the lawyers fees and expenses, leaving the plaintiff little afterward, we generally do not take a case...even if it has merits. Most lawyers, except public service attorneys, cannot take an unprofitable case. The legal system is very costly. We do take pro bono suits for exactly this reason (it is a professional responsibility requirement in Florida to provide pro bono or fund the legal aid trust). Again, its not solely the lawyers decision whether your sister can file suit (she could file and respresent herself, it is her guaranteed right)...she has ultimate responsibility for her decision and a judge or a jury will hopefully come to the right decision if necessary. But there will always be members of any profession that abuse the system, regardless of safeguards.

These are the same issues that we struggle with daily and, unfortunately, there are no simple regulatory answers that don't harm some group of potential plaintiffs and chill someones rights.

Coincidentally, my husband called me from Hawaii where he is working on a tech project for McDonalds. He met with the owners on the islands this week and they think the suit is interesting. They feel that they offer a great deal of healthy alternatives and this will be their chance to absolve themselves of their repuatation for greasy, unhealthy, food. Interesting.

I hope everyone is having a great weekend. Back to work.

Betsy
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