Greedy lawyers, shame on you!

Jb** Stop pretending you are something you are not (unless you are pretending to be an idiot).**
Correct. Fuck off. Do not read adult threads. Keep to balls, circumcision, anal sex and such.
Stop lying! I am seriously considering taking back every good thing I said about you, for acting like an ignorant pustule
Be my guest. Everyone can say anything on these Boards. If I were in your shoes, I’d consider an alternative: try to learn the rules of civilized discussions and behavior.

Crack, in order to cut on words, assume that I start every paragraph with: “IMBO,…” and then deleted it. I mean it… Anyway…Both parties were injured by allegedly defective products.
This is a wrong premise. Superficially, it appears that way. In “Pinto” case, the possible faults were: 1. Manufacturer; 2. Driver(s); 3.Roadway; 4.Last mechanic/garage the car was in; 5.Etc.
A quick, relatively simple analysis showed that in all cases only the manufacturer was “the common denominator”; other ingredients were different. The stuctural/mechanical analysis of the design of Pinto confirmed the suspicion: in that ‘cheap’ car, the tank/turn signal was inappropriately placed/designed.
In “cellphone” case we have victims with brain tumors who talked on cellphones some time before the tumor developed. Regardless of cause (if any; no “cause”, unfortunately, is now known for the majority of tumors; in one of the best known cases, presence of breast cancer in relatives increases the risk of cancer in victim; still some women from such families do not develop breast cancer, i.e., there are some other “causes” we do not know about), all tumors have long latent period, usually more than several years. To prove the causality, one has to show that brain tumor arise in cellphone users with higher rate that in general population, with certain predictability, not caused by e.g., TV watching or other factor (sounds complicated but it is routinely done by epidemiologists by “subtracting” risks). All these, indeed, are unnecessary, because the main premise is unproved: there is no observable increase in brain tumor frequency, worldwide, since the inception of cellphones. Period. Nothing to study further. A bogus phenomenon.

Incidentally, you can skip the question: “Do microwaves cause human brain tumors?” altogether. Granted, large doses, higher frequencies, etc., cannot be a priori excluded. But as used in cellphones, they do not. (I vaguely remember of reading something about harmful effects of microwaves. I do not remember anything about any cancerogenicity).

I believe that the plaintiff in the cell phone case has the right to attempt to prove that the defendant’s cell phone caused his tumor
I am not a constitutional lawyer :slight_smile: . So, I cannot say what rights we have; to me, granting to the plaintiff this right would be the same, as granting him the right to sue his grocer, because the plaintiff ate broccoli from that grocery for 30 years.

Simirarly, I do not see why the plaintiff should be allowed to search any defendant’s records any more than he is allowed to search any grocer’s records.

As you recall, the “Pinto” case started with the observation that there were an increased number of fatal accidents involving that car (?). No such observation exists in the cellphone case, or at least, any perceived observation was not confirmed: there have been no increase in overall frequency of brain tumors (i.e., from ANY cause; see about the ‘cause’ above).

As for the actual medical probability of cell phones causing brain tumors, I have no opinion and am not qualified to make such determination.
This is a very correct and mature statement. What I do not understand: how you (an attorney) can sue anybody if there is no cause/effect relationship? The remainder of that paragraph raises legitimate concerns. It is true: most of the epidemiologists involved are graguates of the West Nokia 3com Reserve University. But, jokes aside, give the defendant the right to investigate this creepy plaintiff: wasn’t he experimenting with microwave ovens and murine brain tumors for the past 20 years in his garage? Where he got his tumor in the first place? They are quite rare. Is there a conspiracy to bankrupt Nokia?

There are very interesting issues in the second portion of your post. I would like to address them, but I feel that I have to post the above now, while the actuality of it is here. I will return to the remainder of your post later.

REPRISE: Sorry, I didn’t intentionally ignore this question. I’m Australian and my first language is Australian English. I speak French pretty badly and have a fairly limited grasp of sign language too.
Just to dilute a bit the seriuosness of this thead (even Jb jumped in) with my usual baloney: considering the utmost importance of SL on the Net, can you present your credentials? Where did you pick up your SL?

Peace

I know a lot of people have said this before, but, peace, SHUT THE FUCK UP!

**Correct. Fuck off. Do not read adult threads. Keep to balls, circumcision, anal sex and such. **

Ah yes, those child-oriented threads. and,

If I were in your shoes, I’d consider an alternative: try to learn the rules of civilized discussions and behavior.

Done and done. I will send you my shoes (size 15- kinda big) if you learn the rules of discussion.

Lesson one: act as if you have some semblance of what other posters say.

Lesson two: do not dictate behavior to other posters which you yourself do not follow.

Lesson three: do not be a jerk. You seem to be having problems with this one.

Lesson four: do not be a jerk. Sorry for repeating. I just wanna make sure you get this one.
jb

Moderator Notes:

peace, once again we meet. You know damn well that language such as above is not allowed in this forum. Check out the underlined text above, in your own damn quote even.

I suggest you to practice that, which you preach, Brother peace.

LEARN THE FUCKING RULES.

This is your final warning. We’ve been very tolerant towards you until now. All that friendliness ends here and now. Post by the rules, or you’re out of here.

Understood?

SPINNE:I know a lot of people have said this before, but, peace, SHUT THE FUCK UP!
If you have nothing to do on a Saturday afternoon, scratch your balls. You do not have to read anything you’ve heard before, whether said by me or anyone else.

Coldfire, You allow “shut the fuck up” above and free standing (unsubstantiated) “stop the lying” by Jb, but chastise me for saying
try to learn the rules of civilized discussions and behavior

I started two threads lately, both of which spilled into the second page. If you insist, I may skip your forum altogeter. Let me know.

Say goodnight, peace.

Peace:

Last warning. Coldfire is moderator here. If you want to argue about his moderating, do it in email or take it to the Pit. This is not the correct forum, and you have persistently violated SDMB rules. You are on VERY thin ice here, and later tonight I’m going to review your posts. You may or may not have posting privileges tomorrow morning, depending on what I find.

Lynn
Administrator
For the Straight Dope

**Minty[/] thanks for the compliment, but I have to disagree with you shutting up. Particularly since you made an excellent point below regarding England’s prohibition on contingency fees. I either had no idea that that was the case or I forgot it. :slight_smile:

Actually, I’ve never practiced law at all. My comment regarding practice not being like law school was based on interviews and talking with attorneys. I haven’t ruled it out for the future, though. The primary reason I’m not practicing is that I was offered a technical job with a startup just as I was finishing school. I evaluated the opportunity and decided that if I passed it up, I’d hate to regret it in the future.

Seemed like the right decision at the time. We IPO’ed in June. IPO price $27/share and the first open market trades were at $98. We hit $154 in August before settling down for a few months in the $90-110 range. Fridays close: $24 13/16.

Uggh. Still, my company is growing quickly and we’re hitting our revenue goals every quarter. I enjoy what I do, so things could be worse. I’m always keeping my eyes open for an area where I can combine my legal education with my technical skills.

Anyone know of any law firms looking for technology consultants?

Ooops. Should have previewed that one. I missed the code to turn bolding off. :::looks around to see if anyone noticed::: :o

jti - very nice summary of how the English legal system handles the issue of attorney fees. Thank you. I’ve saved it for future reference!

Wow. I guess I should have read down to the end of the thread. I was just about to respond to peace. I’m tired, so I’ll take advantage of the situation and wait until tomorrow to see if he’s still around.

Night all!

(Note to self…click the ‘preview’ button this time) :slight_smile:

Ouch, Crack’d. Hope you sold some of that stock a while back. Actually, one of my best friends from law school decided to skip practice to try his hand in the tech industry out your way. He managed to land a nice job with one of the biggies just after the stock price bottomed out, so I assume his stock options actually have some potential. Hope yours do the same.

No, but I bet you’re in good shape if you combine that tech background with a deep love of bankruptcy law. :slight_smile:

When it comes to the English system, my info is admittedly sketchy. I seem to remember some discussion from a year or two ago that they were starting to warm to the idea of contingency fees, at least in limited circumstances and with heavy regulation. Dunno whether they’ve started allowing it yet, but I don’t think it’s widespread, if it exists at all.

And jti, thank you very much for the summary of how the Brits handle loser-pays. Last time I looked, Alaska has some form of a loser-pays system (since the mid-80s?), but I don’t know how similar it is. Most, if not all, other states allow courts to impose costs on the parties as they see fit, but those costs are extremely limited–usually just the other side’s filing fees, the cost of assembling the record, etc. American lawyers very occasionally get fined for pursuing meritless claims, but there typically has to be some serious bad faith before that happens.

I’m “chastising” you for being an idiot that ignores the rules and moderator comments. Deliberately. Repeatedly.

[ul][li]The length of a thread does not impress me. As you can see, the numerous responses in most of your threads are basically telling you, within the local forum rules, what a bloody lunatic you are. Don’t flatter yourself. It’s not a compliment in this case.[/li][li]We currently have two or three (I forget, honestly) multiple page Pit Threads running, dedicated all to you. My, you’re a popular guy, eh?[/li][li]If it were up to me, you would not only have been skipping MPSIMS, but the entire Straight Dope Message Board for a long time now. But untill you get banned: sure, stay on the safe side. Avoid MPSIMS. I would be delighted.[/ul][/li]
Final note: we’re no machines. We understand the imperfections of human beings. That’s why we -sometimes- understand profanity (even when it’s against forum rules) as a result of posters getting frustrated with sheer ignorance. I’m not advocating it, but I’m certainly not going to slap someones wrist for calling peace an idiot at this stage, in this thread. Yet, I tell peace himself to shape up and behave properly.

Arbitrary? Unfair? Undemocratic?
Sure. Sue me.

Thanks Jti for that post, I have only ever had the slightest understanding of the way court costs are awarded.

As much as I’ve enjoyed reading your posts in this thread, Crackd (wonderfully informative!), don’t stress yourself. He’s outta here! :smiley:

But if he accidentally managed to ask a legitimate question, I for one would be interested in reading your response.

glad you found the explanation of costs helpful; just one point - it’s not just the English courts who use costs in this way. My knowledge comes from my practice in the Canadian courts. As far as I can tell, most of the common law countries use costs in similar fashion, and the US is the big exception. Does anyone know why the US deviated in this regard?

I did a bit of research to uncover the rationale for the US system of who pays for litigation. I haven’t yet found the actual source, but everything I’ve found so far indicates that the reason for changing has to do with the disadvantages of the loser-pays model.

Here’s an example of what I found:

*The American Rule - is that the losing party in litigation is not liable to pay the winner’s attorney’s fees. Atty’s look to there own clients for payment of these fees, but the losing litigant is normally charged with costs.

Rational: This is done to provide an incentive to keep litigation in cost effective limits and that any general regime of fee-shifting could punish litigants for their honest exercise of their rights to go to court and could discourage valid and even important claims and defenses.*

It’s from an outline on Equity and Remedies and is pretty much what I remembered from school. Here is the url:
http://www.lectlaw.com/files/lws65.htm
BTW, two GREAT sites for finding legal information (useful for attorneys, law students, and the general population, i.e. real or potential clients of attorneys) are:

FindLaw.com @ http://www.findlaw.com
This site has links to individual FindLaw sites with state-specific info. Probably the best place to begin researching legal issues on the net.

Also, the ‘Lectric Law Library’ @ http://www.lectlaw.com/

I did the majority of my required research in school from these two sites. Since then, they have gotten much more comprehensive and useful. IMHO, that is.

Nah, I didn’t get to sell. Since we IPO’ed in June, our blackout period just expired a couple of days ago. Still, I was in way pre-IPO, so my per share price is ridiculously low. My company also has huge potential. We’re not really a dot com company. We’re more like EDS, Exodus, and other high-tech service companies. We’re also building a global fiber network dedicated solely for the storage and replication of data. If you’re interested, the company I work for is StorageNetworks (NASDAQ: STOR).

As for bankruptcy law, I sure hope that I don’t become intimately acquainted with it. Sometimes it’s nip & tuck with my own finances. Massive student loan debt + mortgage + wife leaving and associated loss of income makes things difficult at times. It doesn’t really bother me, though. I still make a pretty good living. Besides, it could be worse. It could be snowing instead of 65 degrees and sunny. :slight_smile:

Minty / Persephone,

Thanks for your compliments. :slight_smile:

I’m not stressed at all about peace. I was enjoying myself responding to his comments. Too bad he’s such a hothead and got himself kicked off. He actually started to write some almost rational arguments. I’ll take a closer look at his last response to me and make my reply later this afternoon.

Then, if any of you are feeling like role-playing, you could pick up where he left off and respond to my arguments.

If anyone decides to do so, I’d suggest poking yourself in the eye with a sharp stick for a couple of hours before hand so that you build up the requisite amount of vitriol. :smiley:

Crak’d, which is worse in your opinion? Loser pays discouraging lawsuits, or lawsuit abuse caused by lack of loser pays?

Actually, all the lawyers who posted.

jb