The Integrity of Lawsuits
Dennis AuBuchon
August 11, 2008
Today there seems to be an endless amount of lawsuits generated each year and lawyers have a part in this activity. Lawyers like any profession must make a decision on accepting lawsuits which do not warrant action. While advertising is a normal activity for an organization or individual the type of advertising by some lawyers indirectly promote lawsuits. This statement is not meant to condemn advertising by lawyers but lawyers are directly involved with lawsuits brought by individuals or organizations. Some advertisements make statements if you have had problems with certain products, call us. I have previously written about the integrity of lawyers and therefore will not discuss this aspect of lawsuits further in this article. The focus of this article involves the decisions made by individuals or organization to initiate lawsuits for a variety of reasons. While I feel that lawsuits are warranted in a number of cases based on the circumstances, not all lawsuits have the integrity or quality of purpose in the content.
Today there are many issues with integrity principles and the lack of them in everyday activities. The process involved in lawsuits requires that integrity of principle must be a part of the decision to bring suit. Individuals must weigh the circumstances involved and honestly determine if they have been harmed to the point that they feel restitution is required. This is not a condemnation of all lawsuits but lawsuits must be initiated for the right reasons. They should not be generated in anticipation of getting large sums of money from wealthy individuals such as celebrities or large organizations.
To begin with it is the right of individuals to seek restitution from those who have caused pain, either physically or mentally. Conditions in our society today seem to have increased the number of lawsuits and the amount which is being sought for damages or injuries. The process of lawsuits and the decisions handed down by judges and/or juries in some cases is well defined. This article is about the reasons for lawsuits. The reasons for lawsuits and how they are decided have a relationship. The following paragraphs bring some examples of decisions made and how the details are evaluated.
There are several court programs on television, many of which are excellent. I wish to commend television programs where judges do not pull any punches and tell it like it is. This is something that is sorely needed today in court proceedings where it does not occur. Judges are a respectable profession and it is important that the facts are properly weighed in any decisions made. Some laws put limits on certain suits and this is a good thing. There have been cases where the plaintiff has had some responsibility for the situation and the judge rightfully identifies this fact as part of their decision. Granted there are those who try to take advantage of their customers and they should be properly identified within the judicial system and pay for their actions. Some may feel that decisions by judges on television programs do not necessarily apply to the real world. I say to those who feel this way that they should. Television gets a bad rap in many cases but we can learn much from specific programs such as those involving court proceedings. They offer a glimpse to everyday individuals who may never enter a courtroom as part of a lawsuit or witness. We can learn much from some of the court proceedings televised today and the details of the decisions involved.
It must be stated again that I highly respect the judicial system and those who make proper decisions for cases before them. Our judicial system is great but there are those within it whose judgment has been questioned. Examples have been identified many times by the media where decisions are overturned by higher courts. While there are cases which do not involve any responsibilities of the plaintiff, there are some which should have an impact on any decision made. There is a saying it takes two to tango. In the situations involving lawsuits there are such things as contributing factors and amounts awarded should be reduced based on those factors.
Further discussion of lawsuits requires that the reason for them be based on issues which do not appear to be frivolous. An example of a frivolous lawsuit may involve getting burned by a hot beverage. While lawsuits have occurred for these types of incidents those bringing suit have some involvement in the result. We as individuals must take some responsibility when we know something is going to be hot and act accordingly. While there may be some fault by a company for the temperature of a beverage the awarding of large amounts of cash, in my opinion, does not have a proper correlation to the facts. Granted there may be other details involved which may warrant high dollar amounts for restitution but for the most part excessive amounts should not be awarded for this type of incident. People today often seize on opportunities to sue when in many cases the level of harm does not warrant this level of action.
The content and purpose of lawsuits suits leaves much to be desired in many cases. Purpose is the key word. Bringing lawsuits is not a decision that should be taken lightly. Many, not all, individuals bring lawsuits in anticipation of getting a big settlement from those being sued rather than going to court. I wish to state that any individual or businesses who feel they honestly are not at fault should fight what I feel in some cases amount to extortion. Extortion may be a harsh word but I feel the amounts being sought in some lawsuits amount to just that. The amount of damages awarded should have a relation to the harm initiated and not be irrespective of the facts involved. Amounts awarded should not depend upon the ability of defendants to pay. Another side of this is where they know they are at fault. Individuals and businesses make mistakes but it is how they react to their mistakes, which makes the difference in a decision to sue.
Recently there have been several lawsuits brought against celebrities. Celebrities fall under the law like anyone else and lawsuits should be initiated if circumstances warrant. Celebrities should be responsible for their actions as anyone should. However, I feel they are targets for frivolous suits. In many cases, not all, the decision to bring a lawsuit for a specific incident was a result of their celebrity status. Though plaintiffs may state that their celebrity status has no bearing on the suit but the amount of damages being requested is a reflection on their celebrity status. Excessive amounts more often than not are associated with the celebrity status of the defendants. Many individuals feel they can get large sums of money by suing a celebrity. I feel for those celebrities who have been or are being sued based on their celebrity status.
Lawsuits are part of society and are a way to get restitution for damages or injury. When we have been injured as a result of an accident, libel or slander we have a right to seek restitution. The decision to sue should be based upon the circumstances involved not the status of those being sued. Lawsuits are a stressful event and it may take months or in some cases years before a final decision and restitution will be achieved. This, however, should not deter lawsuits being generated if they are based on sound principles and proper justification.
In summary lawsuits generated each year seem to keep growing in number. Our judicial system is great but it has limits. Lawsuits are meant to bring restitution to individuals who have been harmed by the actions of another individual or organization. I have seen large sums of money awarded in lawsuits. While I feel for those who have a need to bring lawsuits the amount being awarded seems to be excessive in some cases based on the facts involved. There appears to be no correlation in many cases between the facts and the amount awarded. It is also a fact that there are frivolous cases which are awarded excessive amounts even when the plaintiff contributed to the situation involved. These examples can be found in news reports based on the parties involved and the amount awarded. Juries and/or judges should not in my opinion award excessive amounts in lawsuits except in horrendous situations. Excessive amounts should not be made routine but an exception.
Many individuals will try to find a reason to sue either individuals or organizations. Those reasons sometimes, not all the time, have ulterior motives in the decision. Many individuals bring suits against celebrities or well-known organizations knowing that the potential is there for high dollar amounts to be awarded. Criteria should be established, if it does not already exist, as to what constitutes a frivolous lawsuit. When cases meet the criteria the amount of damages awarded should be drastically reduced. The establishment of these criteria may help to stem the tide of frivolous lawsuits and lessen the burden on our judicial system. The parameters that are generated must not violate individual rights. Parameters should involve the need to analyze any contributing factors by plaintiffs for their situation and made a part of the justification for decisions made. It is only right that when two individuals have responsibility for their situation that the decision should consider this when awarding damages.
Today there are many issues with integrity principles and the lack of them in everyday activities. The process involved in lawsuits requires that integrity of principle must be a part of the decision to bring suit. Individuals must weigh the circumstances involved and honestly determine if they have been harmed to the point that they feel restitution is required. This is not a condemnation of all lawsuits but lawsuits must be initiated for the right reasons. They should not be generated in anticipation of getting large sums of money from wealthy individuals such as celebrities or large organizations.
To begin with it is the right of individuals to seek restitution from those who have caused pain, either physically or mentally. Conditions in our society today seem to have increased the number of lawsuits and the amount which is being sought for damages or injuries. The process of lawsuits and the decisions handed down by judges and/or juries in some cases is well defined. This article is about the reasons for lawsuits. The reasons for lawsuits and how they are decided have a relationship. The following paragraphs bring some examples of decisions made and how the details are evaluated.
There are several court programs on television, many of which are excellent. I wish to commend television programs where judges do not pull any punches and tell it like it is. This is something that is sorely needed today in court proceedings where it does not occur. Judges are a respectable profession and it is important that the facts are properly weighed in any decisions made. Some laws put limits on certain suits and this is a good thing. There have been cases where the plaintiff has had some responsibility for the situation and the judge rightfully identifies this fact as part of their decision. Granted there are those who try to take advantage of their customers and they should be properly identified within the judicial system and pay for their actions. Some may feel that decisions by judges on television programs do not necessarily apply to the real world. I say to those who feel this way that they should. Television gets a bad rap in many cases but we can learn much from specific programs such as those involving court proceedings. They offer a glimpse to everyday individuals who may never enter a courtroom as part of a lawsuit or witness. We can learn much from some of the court proceedings televised today and the details of the decisions involved.
It must be stated again that I highly respect the judicial system and those who make proper decisions for cases before them. Our judicial system is great but there are those within it whose judgment has been questioned. Examples have been identified many times by the media where decisions are overturned by higher courts. While there are cases which do not involve any responsibilities of the plaintiff, there are some which should have an impact on any decision made. There is a saying it takes two to tango. In the situations involving lawsuits there are such things as contributing factors and amounts awarded should be reduced based on those factors.
Further discussion of lawsuits requires that the reason for them be based on issues which do not appear to be frivolous. An example of a frivolous lawsuit may involve getting burned by a hot beverage. While lawsuits have occurred for these types of incidents those bringing suit have some involvement in the result. We as individuals must take some responsibility when we know something is going to be hot and act accordingly. While there may be some fault by a company for the temperature of a beverage the awarding of large amounts of cash, in my opinion, does not have a proper correlation to the facts. Granted there may be other details involved which may warrant high dollar amounts for restitution but for the most part excessive amounts should not be awarded for this type of incident. People today often seize on opportunities to sue when in many cases the level of harm does not warrant this level of action.
The content and purpose of lawsuits suits leaves much to be desired in many cases. Purpose is the key word. Bringing lawsuits is not a decision that should be taken lightly. Many, not all, individuals bring lawsuits in anticipation of getting a big settlement from those being sued rather than going to court. I wish to state that any individual or businesses who feel they honestly are not at fault should fight what I feel in some cases amount to extortion. Extortion may be a harsh word but I feel the amounts being sought in some lawsuits amount to just that. The amount of damages awarded should have a relation to the harm initiated and not be irrespective of the facts involved. Amounts awarded should not depend upon the ability of defendants to pay. Another side of this is where they know they are at fault. Individuals and businesses make mistakes but it is how they react to their mistakes, which makes the difference in a decision to sue.
Recently there have been several lawsuits brought against celebrities. Celebrities fall under the law like anyone else and lawsuits should be initiated if circumstances warrant. Celebrities should be responsible for their actions as anyone should. However, I feel they are targets for frivolous suits. In many cases, not all, the decision to bring a lawsuit for a specific incident was a result of their celebrity status. Though plaintiffs may state that their celebrity status has no bearing on the suit but the amount of damages being requested is a reflection on their celebrity status. Excessive amounts more often than not are associated with the celebrity status of the defendants. Many individuals feel they can get large sums of money by suing a celebrity. I feel for those celebrities who have been or are being sued based on their celebrity status.
Lawsuits are part of society and are a way to get restitution for damages or injury. When we have been injured as a result of an accident, libel or slander we have a right to seek restitution. The decision to sue should be based upon the circumstances involved not the status of those being sued. Lawsuits are a stressful event and it may take months or in some cases years before a final decision and restitution will be achieved. This, however, should not deter lawsuits being generated if they are based on sound principles and proper justification.
In summary lawsuits generated each year seem to keep growing in number. Our judicial system is great but it has limits. Lawsuits are meant to bring restitution to individuals who have been harmed by the actions of another individual or organization. I have seen large sums of money awarded in lawsuits. While I feel for those who have a need to bring lawsuits the amount being awarded seems to be excessive in some cases based on the facts involved. There appears to be no correlation in many cases between the facts and the amount awarded. It is also a fact that there are frivolous cases which are awarded excessive amounts even when the plaintiff contributed to the situation involved. These examples can be found in news reports based on the parties involved and the amount awarded. Juries and/or judges should not in my opinion award excessive amounts in lawsuits except in horrendous situations. Excessive amounts should not be made routine but an exception.
Many individuals will try to find a reason to sue either individuals or organizations. Those reasons sometimes, not all the time, have ulterior motives in the decision. Many individuals bring suits against celebrities or well-known organizations knowing that the potential is there for high dollar amounts to be awarded. Criteria should be established, if it does not already exist, as to what constitutes a frivolous lawsuit. When cases meet the criteria the amount of damages awarded should be drastically reduced. The establishment of these criteria may help to stem the tide of frivolous lawsuits and lessen the burden on our judicial system. The parameters that are generated must not violate individual rights. Parameters should involve the need to analyze any contributing factors by plaintiffs for their situation and made a part of the justification for decisions made. It is only right that when two individuals have responsibility for their situation that the decision should consider this when awarding damages.
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