What’s wrong with the Merits? How Gamesmanship Has Taken Over the Courtroom

There is a lot of talk these days about how large corporations have essentially taken over Washington, DC.  The little guy has no “access” to the political machine.  Many are asking “what good is a right to vote when corporations are pouring millions of dollars into the campaigns of those we vote for?”

The same problem that exists in Washington, DC is often replicated across America’s courtrooms.

Except for the contingency fee lawyer who may choose to represent a person without any financial means, America’s civil courtrooms are dominated by wealthy Americans and wealthy companies.  If that were not bad enough, many lawyers simply get paid to play games in court.  Their goal is to keep cases from reaching the merits of the action, even when they’re the plaintiff.  In many instances, the courtroom is simply another business tool to exert economic leverage over a competitor.  Private arbitration has not proved to be much competition to the near-monopoly that federal and state courts have over dispute resolution.  Until true alternatives to the courtroom become available, civil justice will remain a constitutional right primarily for the rich.

Comments

[Kristin Abele]

Enrico,

I wanted to congratulate you on having this post selected to be part of November's Carnival of Trust, hosted by Jordan Furlong.

The Carnival of Trust is held monthly and highlights the best blog posts that deal with the subject of trust in business, politics and society. Jordan selected your piece due to its direct insight on how the justice system is a ploy for the rich--yet those who cannot afford it are forced to let go of whatever potential abuses they may experience due to insufficient funds. It's an important thought-which should be recognized by more.

Congratulations again and you can find the Carnival at http://www.law21.ca/2009/11/02/carnival-of-trust-november-2009/

Best,
Kristin Abele
www.trustedadvisor.com/trustmatters

[Dennis McCarthy]

"If that were not bad enough, many lawyers simply get paid to play games in court. Their goal is to keep cases from reaching the merits of the action, even when they’re the plaintiff."

The reason there will be no change in this is because the government is the greatest (in all meanings of the word) of this type of leagl practice. Wait until the government runs health care AND arbitrates claims against the health-care system. The ability of the average American to appeal decisions will evaporate. You'll be dead before you get a decision.