We
are regularly criticized
for our jaded outlook
that
many lawyers are money-grubbing
opportunists.
They
graduate from law
school with a license
to sue and, (at least
in this climate),
often without a job.
A whole industry
exists to hunt down
and locate vulnerable
targets and then
shake them down with
multi-million dollar
lawsuits filed in
the superior court
of their state. As
long as they can
afford the hundred
or two hundred dollar
filing fee, any lawyer
can sue anybody!
We
have long taken the
position that our
system is out of
control and that
the government (including
the bar associations,
the judicial system
and the legislatures)
cannot and will not
police our out of
control system. Just
look at the political
contributors: One
of the biggest (if
not "The Biggest") contributor to political candidates is The Trial Lawyer's Association (an organization
supporting the contingent
fee professional
bounty hunters).
Litigation
is really out of
control. We see it
on a micro scale
(most of our clients
have been caught,
at one time or another,
in the system). Many
have been hit with
some sort of shake
down lawsuit.
One
client, who has taken
22 companies public,
settled
a slip and fall at
a "roach
coach" outside one of his factories for $7,000. One week later, he was sued by 11 other
employees who happened
to slip and fall.
Another
client, a well known
and wealthy doctor,
was sued by his girlfriend
because she developed
a cold sore on her
lips after going
out on a date (he
settled for more
than $50,000, then
implemented an asset
protection plan).
We
are all plagued by
opportunistic litigators
seeking out "dog bite" litigation opportunities (equivalent to the depression era shakedown from the
thugs offering protection... "pay me or pay the price" is their mantra).
Our
greatest joy at TrustMakers
is ensuring that
they don't get paid
when they sue our
clients.
Recently
the Los Angeles Times
finally ran a front-page
article on this pet
peeve. The article,
entitled "Lawyers
Who Sue to Settle," pointed out that a sub-species of lawyer exists to "blanket the business world with hundreds of lawsuits at a time, often making
claims that appear
fanciful, even absurd.
These
lawyers make their
money on settlements
paid by defendants
who just want to
make the suits go
away."
They
call themselves "bounty hunters." One lawyer interviewed said that it is his "job to go out there and hunt these people down." Our court system has become a huge and out of control (or, more precisely, uncontrolled)
shake down system
(and yes, we know
that there are legitimate
lawsuits).
A "jury
of your peers" is a thing of the past. The jury is likely to be composed of people on the bottom
rungs of the economic
ladder; and, when
given the tools to
redistribute wealth
from a person with
reachable wealth
to somebody less
fortunate, will often
take the opportunity
to do so. This makes
litigation too risky.
The
bottom line is that
if you have reachable
wealth it will be
attacked. There is
little to do to stop
the attack other
than our brand of
self help tort reform
which makes it simply
too expensive to
pursue litigation
against you.
When
the bottom fishing
bounty hunter lawyers
realize that they
are likely to get
little, if anything,
from their efforts
they often abandon
their ill conceived
pursuits of the easy
buck. None of them
are motivated by
conscience. They
are like common burglars
and go after the
easy prey: An unprotected
consumer.
CLICK
HERE to see follow-up
article Pet Peeve
2
If
you would like more
information regarding
asset protection,
trusts, family limited
partnerships or the
subject of this article
please call or email
our office.