
 |
|
May 24, 2012
Jeff Jacoby: The peace process battered Israel's reputation
Michael Muskal: 'Pro-choice' position hits record low, according to poll
Chris Farrell: Are We in a Tech Bubble?
The Kosher Gourmet by Penelope Wall: PHILLY CHEESE STEAKS --- hold the steak!
May 23, 2012
Tony Pugh: More private colleges offering tuition discounts
Mary Beth Franklin: How to Choose the Right Annuity for You
Tina Susman: The wig wasn't enough: Man gets 13 years for posing as his dead mom
The Kosher Gourmet by Emma Christensen:A simple way to do fish right
May 22, 2012
Warren Richey: Can US group challenge overseas surveillance act? Supreme Court to decide
Thomas M. Anderson: Walking Away From a Mortgage
The Kosher Gourmet by Megan Gordon: Enjoy a celebration of the most rich and layered flavors: Black bean, sweet potato and quinoa chili
May 21, 2012
Mark Clayton: Cybersecurity: How US utilities passed up chance to protect their networks
Howard LaFranchi: NATO summit: Who will foot the bill for long-term Afghanistan security?
Chris Farrell : Earn Dividends in Emerging Markets with This WisdomTree ETF
Stephen Whiteside, Ph.D. : Mayo Clinic Medical Edge: Social anxiety disorder --- or just shy?
Guy Jackson : Victim's father regrets death of Lockerbie bomber
The Kosher Gourmet by Mario Batali: Famed chef's veal shoulder farsumagru: A festive meat course for late spring
May 18, 2012
Rabbi Berel Wein: Striving: The People of the Book's Book for (All of) the People
Steven Goldberg: 5 Great Stock Picks and the Exchange-Traded Fund that Owns Them
Mary Pickett, M.D.: Ask the Harvard Experts: Don't be forced into gluten-free lifestyle based merely on a doctor's false-positive test
The Kosher Gourmet by Carolyn Malcoun: DIY healthy lunchbox treats: HOMEMADE FRUIT BARS for kids and brown-bagging adults alike
May 17, 2012
Warren Richey: Teacher fired for being unwed and pregnant can sue religious school, court rules
Josh Mitnick: Netanyahu's 'centrist' coalition is already proving it's anything but
Steven Goldberg: Earn Dividends in Emerging Markets with This WisdomTree ETF
Amina Khan: Research links coffee to lower death rates
The Kosher Gourmet by Faith Duran : Cheesy Potato Breakfast Casserole with Cheddar and Sun-Dried Tomatoes
May 16, 2012
Carmen Terzic, M.D., Ph.D. : Mayo Clinic Medical Edge: A variety of exercises can help improve balance
Melissa Healy: National strategy on Alzheimer's disease aims to halt it by 2025
The Kosher Gourmet by Joyce White : GOODNESS GRACIOUS: GREENS! 4 winning recipes that are no longer just for down-home folks (Includes expert tips & techniques)
May 15, 2012
Kristen Chick: Obama administration resumes arms sales to Bahrain despite serious unresolved human rights issues. Activists feel abandoned
Pat Mertz Esswein: Homes are now affordable again and mortgage rates are low. What you need to know before you buy
Kathy Kristof: Our Practical Investor Fights Inflation with These 6 Investments
Sue Hubbard, M.D.: The Kid's Doctor: Lactose intolerant young child? Check again
The Kosher Gourmet by Kathy Hunt: Spread a Little Excitement with EXOTIC CONDIMENTS (4 RECIPES)
May 14, 2012
Lisa Gerstner: How to Protect Your Identity, Finances If You Lose Your Phone
Harvard Health Letters: Heart disease and dementia
The Kosher Gourmet by Megan Gordon: MANGO COCONUT OAT MORNING MUFFINS are a bright but hearty delight
May 11, 2012
Jessica L. Anderson: Get the Best Deal on a Used Car
Jett Stone: Forget face-lifts and fake knees. Scientists have seen the fountain of youth --- and it's broccoli
The Kosher Gourmet by Chef Mario Batali: The famed chef's vegetable dish that tastes true to the season: FAVAS AND SUGAR SNAP PEAS WITH POTATOES AND TARRAGON
May 10, 2012
Sergei L. Loiko: Putin sends warning to U.S., NATO in Victory Day speech at Red Square
Mary Rourke: How being a 'mentch' got Vidal Sasoon his start and fighting in Israel's War of Independence provided him with confidence and a strong sense of his own identity
Jeff Bertolucci: Get Home Phone Service for Less Than $10 a Month
The Kosher Gourmet by Betty Rosbottom: Gleaming with its golden, crimson, and snowy white hues, this silken smooth and creamy STRAWBERRY ORANGE TRIFLE looks impressive, but is easy to prepare
May 9, 2012
Sharon Palmer, R.D. How you can reduce your risk -- or delay -- chronic diseases associated with aging
|
| |
Jewish World Review
Dec. 7, 2005
/ 6 Kislev, 5766
The enormous cost and creativity-killing pace of ordinary civil cases
By
John Stossel
| 
|
|
|
|
http://www.JewishWorldReview.com |
In recent months, we've seen seemingly endless arguments over
the Supreme Court. But as I watch people comb through old documents and
parse interviews for clues to the nominees' positions on high-profile
constitutional questions, I'm struck by how little attention has been given
to one of the biggest problems in America's judicial system: the enormous
cost and creativity-killing pace of ordinary civil cases.
In my years doing consumer reporting, I watched every American
industry find ways to do things better, faster, and cheaper. Today's
computers cost less, but are more powerful. Cars got better. Supermarkets
offer more for less. Most every business is better.
But not the law business. In law, everything is slow and
expensive, and our choices limited.
For $1 I can buy a newspaper, and every day it's different. But
try to get a divorce or a simple will for less than $300.
The lawyers defend their fees and snail-like pace, saying,
"We've got to make sure you get due process." Glad they're so concerned. But
when there's no money in a case, people have trouble getting a lawyer, let
alone getting due process. When there is money, lawyers even insist on undue
process. In the O.J. Simpson trial, they even quibbled about the jewelry the
other lawyers wore.
Other businesses pad bills, too, but competition limits it.
There's less competition in law because lawyers outlawed competition from
outside their profession they prosecute paralegals who offer cheaper
alternatives, calling it "unauthorized practice of law." And they are all
bound by rules of procedure, drafted by lawyers and, for the federal courts,
issued by the Supreme Court, that call for volumes of paper and make lots of
work lucrative work, if you're a lawyer.
Civil cases usually take years. It almost makes me feel sorry
for the people who sue me. A guy in Philadelphia who said I damaged his
reputation had to wait four years just to get me into court.
The essence of my story was that Irwin Rogal, a dentist, ran a
dental "mill," telling people (including me, after he examined me for a
"20/20" story) we had jaw problems, and then charging big bucks for dubious
"treatments." In his lawsuit, he claimed he had not recommended treatment to
me.
Sounds simple for a court to resolve. The exam was on videotape.
The jury could watch the 40-minute tape and then decide. But that never
happened. Instead, the dentist's lawyers and mine spent three years sending
legal papers back and forth. My lawyers (did I mention they were paid by the
hour?) demanded that the dentist produce vast amounts of paperwork detailing
"all persons other than your attorneys with whom you have had written or
oral communication" and "each workshop or seminar in which you have
participated as a speaker."
The dentist's attorneys demanded that we "state the title and
author of each book that was used as a source of information, the name and
date of publication of each newspaper, magazine, pamphlet . . . documents .
. . " In case we didn't know what documents were, they spelled it out: "Any
abstracts, accounts, accounting records, accounting advertisements,
agreements, bids, bills, bills of lading, blanks, books, books of accounts,
brochures" that's just the A's and B's.
Eventually, my case got to court. I assumed the jury would watch
the tape, but they never did. Instead, we had war. War is what a lawsuit is.
Each side played snippets of the videotape. His side played a few minutes
that made it seem as if he hadn't recommended treatment; my side played a
few that demonstrated he did. This happened again and again for days. It
was ridiculous. That's what got to me most, watching my case: the
extravagant waste. Even with lawyers charging hundreds of dollars an hour,
the judge just let it go on and on.
I finally won, but the ordeal cost ABC a fortune. Why couldn't
the judge say, "Shut up. This is a waste of time and money. We're just going
to play the tape."
"Because most judges are afraid to offend," Joe Jamail, a Texas
lawyer who's made millions, told me.
So these lawyers are just self-indulgent? "No," said Jamail.
"They were being paid."
Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.
STOSSEL'S LATEST
Give Me a Break
Stossel explains how ambitious bureaucrats, intellectually lazy reporters, and greedy lawyers make your life worse even as they claim to protect your interests. Taking on such sacred cows as the FDA, the War on Drugs, and scaremongering environmental activists -- and backing up his trademark irreverence with careful reasoning and research -- he shows how the problems that government tries and fails to fix can be solved better by the extraordinary power of the free market. Sales help fund JWR.
|
JWR contributor John Stossel is co-anchor of ABC News' "20/20." To comment, please click here.
Archives
© 2005, by JFS Productions, Inc.
Distributed by Creators Syndicate, Inc.
|
|

Arnold Ahlert
Mitch Albom
Jay Ambrose
Michael Barone
Barrywood
Lori Borgman
Stratfor Briefing
Mona Charen
Linda Chavez
Richard Z. Chesnoff
Ann Coulter
Greg Crosby
Alan Douglas
Larry Elder
Suzanne Fields
Frank J. Gaffney
Bernie Goldberg
Jonah Goldberg
Julia Gorin
Jonathan Gurwitz
Paul Greenberg
Argus Hamilton
Victor Davis Hanson
Betsy Hart
Ron Hart
Nat Hentoff
Marybeth Hicks
A. Barton Hinkle
David Horowitz
Jeff Jacoby
Renee James
Paul Johnson
Jack Kelly
Ed Koch
Ch. Krauthammer
Michael Ledeen
John Leo
David Limbaugh
Kathryn Lopez
Rich Lowry
Michelle Malkin
Jackie Mason
Ann McFeatters
Dale McFeatters
Dana Milbank
Jeanne Moos
Dick Morris
Jim Mullen
Deroy Murdock
Judge A. Napolitano
Bill O'Reilly
Kathleen Parker
Star Parker
Dennis Prager
Wesley Pruden
Tom Purcell
Sharon Randall
Robert Robb
Cokie & Steve Roberts
Heather Robinson
Pat Sajak
Debra J. Saunders
Martin Schram
Culture Shlock
David Shribman
Roger Simon
Michael Smerconish
Thomas Sowell
Ben Stein
Mark Steyn
John Stossel
Cal Thomas
Dan Thomasson
Bob Tyrrell
Ben Wattenberg
Diana West
Dave Weinbaum
George Will
Walter Williams
Byron York
ZeitGeist
Mort Zuckerman

Robert Arial
Chuck Asay
Baloo
Chip Bok
Dry Bones
Lisa Benson
John Branch
John Cole
J. D. Crowe
John Deering
Brian Duffy
Everything's Relative
Mallard Fillmore
Glenn Foden
Jake Fuller
Bob Gorrel
Walt Handelsman
Joe Heller
David Hitch
Jerry Holbert
David Horsey
Lee Judge
Steve Kelley
Jeff Koterba
Dick Locher
Chan Lowe
Jimmy Margulies
Jack Ohman
Michael Ramirez
Drew Sheneman
Kevin Siers
Jeff Stahler
Scott Stantis
Ed Stein
Danna Summers
John Trever
Gary Varvel
Kirk Walters
Dan Wasserman

Mr. Know-It-All
Ask Doctor K
Richard Lederer
Frugal Living
Tech Maven
On Nutrition
Bookmark These
Bruce Williams
|