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Every so often Congress and the states legislatures consider tort reform. One of the worst ideas, I submit, is proposing to adopt the English Rule which forces the loser of a law suit to pay the winner’s legal fees.
I do not expect to lose cases and, frankly, contingent fee lawyers typically take cases which they expect to be successful. (That inclination of plaintiff’s lawyers calls into question the argument that the contingent fee system increases the number of frivolous cases.) Can you imagine, however, sitting down with a working man or woman who contemplates bringing a lawsuit only to be told of the potential of having to pay a defendant’s legal cost. That goes on in Britain. It most assuredly has no place in America. Nevertheless, the Manhattan Institute for Policy Research, a conservative think tank is at it again. On December 11, 2008, it published a detailed ‘Civil Justice Report’ entitled ‘Greater Justice Lower Cost: How a ‘Loser Pays’ Rule Would Improve the American Legal System.’ This Draconian proposal needs a rebuttal. My next blog will address the folly and unfairness of a loser pays approach.
Feinberg & Alban, P.C. fervently protects your rights
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5.0/5.0Colleen was absolutely amazing to work with! She made the entire process much less stressful and helped me every step of the way. Very happy!
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Nothing but ALL GOOD THINGS! Colleen always got the answers I needed when I needed them, always responded to every text and call, and did it every time with a smile (I always imagined )! When I was getting antsy, she calmed my nerves, and when I made...
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Colleen is a Wonderful lawyer and communicated with us throughout the whole process and answered emails and phone calls in a timely manner. We highly recommend this law firm and Colleen Santora!
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Perry Feinberg represented me in a personal injury case. He was always accessible and very clear in his communications. I was very upset when the process commenced because thinking about the accident upset me greatly, but Perry was extremely patient ...
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