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2004-08-25 Home Front: Politix

Business-Backed 527 Will 'Tell the Truth About Trial Lawyers'

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Posted by Super Hose 2004-08-25 1:18:45 AM|| || Front Page|| [1 views since 2007-05-07] Top

#1 More Direct Link

Posted by BigEd 2004-08-25 11:56:43 AM|| 2004-08-25 11:56:43 AM|| Front Page Top

#2 The United States Chamber of Commerce plans to make America's "runaway legal system" a cornerstone of the presidential campaign. "When voters go to the polls, they need to know lawsuit abuse destroys jobs, drives doctors out of business and forces companies into bankruptcy," said Thomas Donohue, Chamber president and CEO.

Ah, is it an election year or something? I mean, those are some scary, attention-getting statements. Now, I know Iâm biased, but IMO those claims are a bit overblown. Undoubtedly, Mr. Donohue does not mean all trial work, he just wants to go after those //sarcasm on// âPlaintiff lawyersâ and their nasty contingent fees.//sarcasm off//

It pains me that my party (and how I will vote this fall - for a multitude of reasons greater than my short-term financial security) appear hell bent on destroying my profession (trial work) based on âscary, attention-getting statementsâ that are poorly researched and even more poorly supported. In Colorado, anyway, hereâs the breakdown on Court cases:

Probate - 6.9%
Juvenile - 21.46%
Domestic Relations - 18.75%
Criminal - 24.35%
Mental Health - 2.56%

and Civil at only - 25.95%

Additionally, these some 26% of court cases can be further broken down as follows:

Administrative Review - 0.00%
Breach of Warranty - 0.32%
Breach of Contract - 8.00%
Condemnation - 0.30%
County Court Counter Claim - 0.45%
County Court/Municipal Appeal - 1.28%
Declaratory Judgment - 1.08%
Determination of Interest - 0.08%
Disclaimer - 0.01%
Distraint Warrant - 9.63%
Forcible Entry - 1.49%
Forclosure other than RL120 - 1.11%
Foreign Judgment - 1.22%
Goods Sold & Delivered - 1.51%
Injunctive Relief - 1.06%
Landlord-Tenant - 0.24%
Lien - 0.28%
Mechanics Lein - 0.75%
Money - 4.36%
Name Change - 0.13%
Negligence - 3.24%
Note - 1.88%
Other - 5.14%
Personal Injury - 1.61%
Personal Injury-MV - 7.59%
Petition to Seal Records - 4.93%
Possession - 0.05%
Professional Malpractice - 0.70%
Property Damage - 0.16%
Property Damage-MV - 0.00%
Public Nuisance - 0.33%
Replevin - 1.85%
Restraining Order - 0.20%
Review Local Govt - 0.48%
Rule 105 - 1.38%
Rule 120 - 33.71%
Rule 106 - 0.68%
Services Rendered - 1.54%
Sexual Harassment - 0.06%
Special District - 0.18%
Specific Performance - 0.11%
Unemployment Compensation - 0.00%
Wages - 0.21%
Workers' Compensation - 0.03%
Writ of Habeas Corpus - 0.29%
Wrongful Death - 0.21%
Wrongful Death- MV - 0.10%

So the real Contingent fee/trial lawyer/plaintiff type stuff (e.g., Breach of Warranty, Breach of Contract, Negligence, Personal Injury, Personal Injury, Professional Malpractice, Property Damage, Property Damage-MV, Sexual Harassment, Wrongful Death, Wrongful Death-MV) is only about 21.99% of the Civil case load. That means that the type of civil trial work being complained about is only about 5.7% of all court cases.

In reality, the great bulk of litigation in the courts (in the civil arena) is commercial litigation -- business suing business, NOT those //sarcasm on// âPlaintiff lawyersâ and their nasty contingent fees.//sarcasm off//

Posted by cingold 2004-08-25 9:50:18 PM|| 2004-08-25 9:50:18 PM|| Front Page Top

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