Friday, April 12, 2019

How State Governments have Taken Power away from their Citizens.

A Citizen's last resort when faced with a law breaking incident that harmed them, and that has not been enforced is to file a lawsuit. It was 2008 when our last economic crisis hit and many States solved their budget crisis by reducing the operating budget of their courts.

Suddenly a new normal was created that has greatly harmed the everyday citizen. By reducing the number of cases a court can hear on a daily basis, Law firms are reluctant to take on cases that have "marginal" monetary value simply because it could delay their other cases that have a higher monetary potential.

Think about that for a moment. A law firm may actually be contemplating the monetary value of taking a lower valued case  simply because it clogs up the court schedule, delaying the ability to get a verdict in a case with a higher "valuation". 

If a Law firm has a decent shot at winning a 20 million dollar verdict, why would they mess around with a measly 300,000 dollar verdict case if the lower amount case will inevitably take up the court's time and delay a verdict in the case with the potential 20 million dollar verdict?

Underfunding the courts is a permutation of justice for all by incentivizing law firms to reject worthy cases simply because it will delay the completion of their more profitable cases.

We keep fooling ourselves if we believe the present court system will ever start to work for the everyday person without dramatic changes occurring. Somehow, some way, lower valuation court cases have to be separated from higher verdict cases in such a way that a Law Firm does not see the two types of cases as in any way delaying the outcome for their higher valuation cases.

Yes, Courts ask what value a litigant places on a case when they file, but if I understand correctly, it is still the same court that is handling all the cases, except now there are less overall resources available to handle both types of cases.

The concept of a fully functioning Lo Bono division within an accomplished law firm may never happen now.  Lo Bono now also has to contend with the possibility of perhaps losing a case and then being forced to pay the defendant's expenses. It seems to me there should be a pre hearing in which a judge decides if a plaintiff will have to absorb the defendant's court costs if they lose the case.

Until these two issues of complete separation of lower valuation court cases from higher valuation court cases are resolved, and a Plaintiff knowing before the court case begins if they will be responsible for the Defendant's court costs if they lose their case, U.S. Citizens may continue to feel that Court Justice is truly only for the highest profit potential cases.

Free Legal Aid and Low Cost Legal Aid have gravitated towards domestic abuse, eviction situations, and  Immigration cases, including Undocumented. Immigration cases can be addicting, so can Undocumented cases. There are just so many Baby Boomers and Seniors who need help yet Free Legal Aid has been swallowed up by Immigration and Undocumented situations.

Unfortunately, in the process of trying to help the Undocumented, Senior Citizens and Baby Boomers have been thrown under the Bus, and if they complain, they are accused of being racist.

We presently have two political parties that are both intractable in their positions. The Democrat Position is Donald Trump is not their President, didn't win the 2016 Election because of the popular vote, and is Racist, and so is the Border Wall. We have Trump Supporters who probably know that Donald Trump is probably too much of a narcissist, but, they support the Border Wall and are disgusted that Democrats have refused to acknowledge they voted for a Border Wall and instead have chosen to call Border Wall Supporters Racist and refuse to give Trump credit for knowing what a lot of Americans want.

The biggest losers are the Baby Boomers and Seniors, who have been cast adrift by both Parties.

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