Wednesday, February 7, 2007

People, not Lawyers, Create Lawsuits

I've been practicing law for over 17 years now (wow time flies). The perception that lawyers are the problem with the legal system is simply wrong. As a lawyer, you need a client. Without a client, you have no case. Lawyers cannot file lawsuits on their own. Now, there are some lawyers who can "create" a plaintiff for a class-action lawsuit, but those types of lawsuits are not the vast majority of lawsuits. The vast majority are disputes between two parties, individuals/corporations/public bodies/etc. If the plaintiff decides not to go forward with the lawsuit, the lawsuit dies. A lawyer can jump up and down all he/she wants but unless the client is paying for the lawyer's time, that lawyer is not going to take the case. Even if its a contingency case, lawyers are not going to take cases which have no merit.