Comments on: Sued after firing poorly performing employee

By: Malabar

Malabar — Thu, 06 Jan 2011 19:25:00 +0000

Daniel,
The solution to that is to ban contingency fee lawsuits. You are a personal injury lawyer. You’re not used to seeing a courtroom – only a conference room where settlements are negioated. Ban contingency fee cases (along with Kirk’s suggestions) and the system is greatly improved. Of course, you won’t go along with that because personal injury lawyers are more interested in the income than service a system of justice. (in my humble opinion…)

By: Mike

Mike — Thu, 23 Dec 2010 02:40:55 +0000

Good point, Daniel. What say you, Kirk? Sounds only fair.

By: Daniel

Daniel — Wed, 06 Oct 2010 06:51:10 +0000

Kirk, then when a plaintiff wins a case where there is a contingency fee agreement should the defendant also pay all of the plaintiff’s expenses they incurred prosecuting the case?

By: Jawayne

Jawayne — Fri, 09 Jul 2010 04:41:57 +0000

I agree w/ Kirk 110%.

By: Kirk

Kirk — Tue, 28 Jul 2009 20:09:11 +0000

While “loser pays” is a good first step, a few things needed to be added, due to the fact that many of the plaintiffs don’t have anything to go after.

1. If the lawyer is performing on a contingency basis, the lawyer, and their firm, needs to be held equally liable for damages to the defendant.

2. If the plaintiff is found liable for the defendant’s costs, the plaintiff is summarily barred from filing against the defendant, or any agent thereof, until every single penny, including interest, has been paid.

Two small changes would change the face of lawsuit abuse in this country.

By: Dan

Dan — Mon, 20 Jul 2009 19:07:34 +0000

I think the answer is a simple one. Anytime a lawsuit is filed and the defendant is found not liable, then the charges incurred by the defendant should be paid in full by the plaintiff. This includes lost time at work, gas, and damages for the mental strain imposed on the defendant.

By: Marty Nelson

Marty Nelson — Thu, 16 Jul 2009 00:18:54 +0000

I have had a similar experience to this. i will post it so all can read. I’m sorry for your circumstance. I truly believe lawyers are the problem. The justice system is not (justice). It has become a means of legally extorting money from companies.

By: Professor Enigma

Professor Enigma — Tue, 14 Jul 2009 21:10:40 +0000

We need a “loser pays” system like that of the UK. It would make people think twice before trying “jackpot justice” again.

By: tammy

tammy — Mon, 13 Jul 2009 22:32:53 +0000

My boss is being sued by a guy who falsely filed a worker’s comp claim – he lost in court. Now he is suing for a list of complaints, including discrimination. He also accuses the Judges of misconduct and the attorneys of same and more.

The kicker is that he has been delcared a “Vixatious Litigant” in California. AND, he is acting as his own attorney files all his suits as Pro Se Plaintiff – He doesn’t even have to pay court fees, etc. It has cost my boss thousands, but now he is on a mission to get all his civil suits thrown out!

This guy is just waiting for someone to pay him off. So he just keeps on filing civil suits.

Thanks to liberal judges, he keeps getting away with it.

Shame on them! It costs us in the long run.

By: Barry E Lerner

Barry E Lerner — Mon, 13 Jul 2009 20:29:16 +0000

It’s worthy of note that the greatest financial contributions to the Democrats after the unions come from the trial lawyers. That’s why our bizarre contingency system goes on, as an incentive for this kind of lawsuit. In Europe the loser pays the winner’s legal fees, and often a judge decides the case instead of a no-nothing jury only too eager to give away someone else’s money. But the lawyers know what they’re doing; in politics, money talks.