Lawsuits, the Reputation of Those Who File Them, and Their Attorneys

      Do we live in a litigious society where there are too many people who are much too quick to file a lawsuit against another if a minor dispute arises or because they see a potential payday? Will there be a line of attorneys anxiously waiting for the opportunity to “pounce” when the “injured” decides to sue so that they can get paid as well? We’ve all seen movies that portray a sleazy, money grubbing, ambulance chasing attorney who preys on helpless, unknowing victims after they have been hurt or injured because counsel only focuses on the paycheck after settlement. The subject of “frivolous lawsuits” has often been a topic of discussion among many of us. As Americans, we are often criticized for our “abuse” of the Judicial System. Is it true that we involve ourselves in lawsuit after lawsuit, many of which might have otherwise reached mutually agreeable resolutions through other means? Are there too many attorneys out there willing to take any case that comes across their desks because the first thing that they see are dollar signs? What happened to the pursuit of justice? The answers to these questions are not as “cut and dried” as one might hope.
      We live in a great country rooted in the history of tremendous struggle endured because of our pursuit of freedom, the freedom that we all hold so dear, the freedom that makes this country greater than any other in the world. One of the things that makes our nation so great is our legal system, the American Judicial System. There is a stigma attached to being the initiator of a lawsuit, but why? We are considered the greatest nation in the world because we’ve fought so hard in the past to develop an equitable balance between the large body of our society and an individual’s rights as a United States citizen. Our ability to resolve our differences in a court of law sets us apart and higher than many underdeveloped and uncivilized countries in the world. We have the intelligence to sit down and talk out our problems without pulling out a weapon and annihilating our opponent. Under violent, life threatening circumstances, and in times of war, weapons are necessary, but as a civilized nation, our judicial system that our forefathers established with equality in mind is sometimes the best and fairest manner of resolution.
      Now, there certainly are those incidents where individuals will abuse the system and file lawsuits without any valid argument or claim. There are also those attorneys who will abuse the system and represent those individuals despite the clear knowledge that their case is frivolous. The United States population is about 300 million people. There are bound to be some dishonest ones in the bunch. In every profession, not just the legal profession, there are those who are driven by selfishness and greed and there are those who are good, honest, and hardworking individuals who are trying to make a difference through their career. It is our duty to carefully judge the character of every professional we decide to trust.
      In the 1970's, several plaintiffs filed a lawsuit against Ford Motor Company after many of them were injured or had loved ones who lost their lives. They alleged that the Ford Pinto was dangerous in its design and construction. The Ford Pinto was designed with the gas tank in the rear portion of the vehicle. Following a number of rear-end collisions, it was discovered that a large bolt situated near the gas tank was forced into the tank upon impact, puncturing and breaching the integrity of the tank causing the ignition of a gasoline fire or explosion often resulting in death to the driver and/or vehicle occupants. As the case carried on, an internal company memo surfaced from the piles of documents that the plaintiffs obtained from Ford explaining the “cost-benefits” of recalling all Ford Pintos versus settling lawsuits filed by individuals who were injured or by individuals who had loved ones killed as a result of the defective gas tank design. That memo proved that Ford thought it would be more cost effective to settle wrongful death lawsuits rather than spend the money to recall all Pintos, correct the gas tank problem, and ultimately save lives. Plaintiffs who file lawsuits and the attorneys who represent them, as in the above case example, are instrumental in punishing those companies who see no obligation to protect the consumers who keep them in business. Their part is crucial in compelling those companies to clean up their acts. Another example, as frequently publicized in the 1990's, arose from the allegations aimed at big tobacco companies for allegedly concealing information regarding the harmful effects of cigarette smoking and their marketing strategy to keep people addicted. Again, plaintiffs who filed lawsuits and the attorneys who represented them were important in bringing about positive change.
      Not every person who files a lawsuit is out to commit fraud. There are many people who have been injured or who have sustained damages in some form whose only recourse is to seek the help of an attorney and to find restitution through our justice system. The attorney who assists those who challenge opponents greater than themselves is often the last stronghold of individual and consumer rights.

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