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Nov. 20, 2009
Rabbi David Aaron: How to make every second of your life come first
Caroline B. Glick: Whither American Jewry
Nov. 19, 2009
Binyamin L. Jolkovsky: Please Listen to this Godcast (5 minutes)
Jonathan Tobin: ADL Crosses the Line with Report Bashing Obama Critics
Nov. 18, 2009
Rabbi Yonason Goldson: What Judaism has to say about the secret of the Mona Lisa's smile
JWisdom.com: The (Jewish) Dating Game with Rabbi Lawrence Hajioff (8 minutes)
Nov. 17, 2009
Steven Emerson: How Does the 4th Amendment Impact Terror Finance Investigations?
JWisdom.com: If Frank Sinatra married Edith Piaf with Rabbi Y.Y. Rubinstein (2 minutes) Life lessons from what would be regarded as the most inappropriate lyrics ever sung
Nov. 16, 2009
The Jewish Ethicist by Rabbi Dr. Asher Meir : When borrowing is stealing
JWisdom.com: Deconstructing faith with Rabbi Warren Goldstein (9 minutes)
Nov. 13, 2009
JWisdom.com Sarah's subjective reality with Rabbi Sroy Levitansky ( 6 minutes)
Caroline B. Glick: Obama's failure, Netanyahu's opportunity
Nov. 12, 2009
The Kosher Gourmet By Marialisa Calta : A sweet sweet potato treat
JWisdom.com Does God get tired? with Rabbi Harvey Belovski ( 5 minutes)
Nov. 11, 2009
Rabbi Avi Shafran: Jews and money: When anti-Semitism isn't
JWisdom.com Marriages are not made in Heaven with Rabbi Lawrence Hajioff (VERY fast 15 minutes)
Nov. 10, 2009
Michael Doyle: Author of book exposing CAIR ordered to remove supporting documents from Web
JWisdom.com If the creation so loudly shouts the existence of the Creator, why aren't more people believers? with Rabbi Naftali Brawer (9 minutes)
Nov. 9, 2009
Mark Steyn: Shooter exposes hole in U.S. terror strategy
JWisdom.com It's never too late to have a happy childhood with Sarah Chana Radcliffe (5 minutes)
Nov. 6, 2009
Rabbi Berel Wein: Choosing to hear
JWisdom.com Zero to 1/60th: How to Empower An Hour with Gavriel Aryeh Sande (7 minutes)
Caroline B. Glick The mullahs' big week
Suzanne Fields A Fallen Wall for Fallen Man
Nov. 5, 2009
The Kosher Gourmet: Three scrumptious -- but simple -- butternut squash dishes
JWisdom.com Hidden Hints: Unlocking Faith & Prayer with Rabbi Jay Yaacov Schwartz (10 minutes)
Nov. 4, 2009
Tom Hamburger and Kim Geiger: Should prayers be covered?
JWisdom.com When God played peacemaker With Rabbi Sroy Levitansky (5 minutes)
Nov. 3, 2009
Martin Peretz: Beware, Barack. Beware, Rahm. Beware, Axelrod
JWisdom.com Are you are closet idolater? With Sara Yoheved Rigler (10 minutes)
Nov. 2, 2009
Paul Greenberg: The Holocaust is now on Facebook
JWisdom.com Abraham's Strange Change With Rabbi Yitzchok Fingerer (5 minutes)
Oct. 29, 2003
Mortimer B. Zuckerman: Graffiti On History's Walls (MUST-READ!)

Jewish World Review Dec. 7, 2005 / 6 Kislev, 5766

The enormous cost and creativity-killing pace of ordinary civil cases

By John Stossel


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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."

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