[FoRK] Challenge for Zee and Stephen

Jeff Bone jbone at place.org
Mon Jun 30 15:53:33 PDT 2008


On Jun 30, 2008, at 5:08 PM, Stephen D. Williams wrote:

> There's a number of millions that have been wronged with no  
> recourse.  That's a lot of little guys.

There's also countless big guys who settled even though they were in  
no reasonable sense "wrong" simply because that was the more  
economically reasonable thing to do vs. the risk of an incorrect trial  
outcome.  I believe there are more of the latter than the former;  you  
clearly do not.  Impasse.

The system favors the little guy because he has less at-risk and far  
more to gain.  The defendant, if he wins, is at best out nothing  
(except the economic value of his time and attention, and any non- 
compensated legal fees --- i.e., even if the defendant wins, he loses  
--- the defendant *always* loses some value in this process.)  OTOH,  
if the plaintiff loses, he or she is out only court costs and lawyer  
fees.  The only *sure* winners in the game are the attorneys;  and the  
plaintiff's attorney in particular is financially incentivized to  
initiate as many lawsuits as he possibly can.

Is that not entirely clear already?

> I'm totally pro-business,

I'm beginning to think not as a default.

jb



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