Arbitration for me, but not for thee

by Ted Frank on February 7, 2008

The Civil Justice Association of California says it so well, we might as well just quote them:

“Fee arbitration offers cheaper, faster alternative to litigation.” Where did that headline run? Give up? In the California Bar Journal, the “Official Publication of the State Bar of California! The story beneath it praises fee arbitration between lawyers and clients, saying that arbitrators are reporting that their work “gives people immediate results, unlike protracted litigation.”

The Bar’s presiding arbitrator, Arne Werchick, is quoted as saying: “It’s a neutral program that gives everyone a fair shake.”

We hope Mr. Werchick, who was president of the trial lawyers association in 1980, sends copies of the article to personal injury and other plaintiffs’ lawyers in Sacramento and Washington. They are once again firing up their endless campaign to block people’s constitutional right to contract to settle future disputes by arbitration rather than going to court.

Separately, ABC News parrots the trial-lawyer line with misleading coverage of another arbitration involving Tracy Barker: they falsely report that Barker’s lawsuit was “killed” (when it will in fact be heard in the forum that Barker contractually agreed to litigate in), that the proceedings will be “secret” (when Barker has the right to publicize them the same way she can publicize a trial), and waits until deep into the story to acknowledge that the arbitration clause does not prohibit the employee from bringing litigation against her alleged rapist. Where’s John Stossel and “Give Me A Break” when you need him?

For more on the litigation lobby’s battle against arbitration, see the Overlawyered arbitration section.

{ 3 comments }

1 throckmorton 02.07.08 at 4:07 pm

This just shows the continued hypocracy of the legal profession. Arbitration is bad for anyone except attorneys, just like malpractice suits are good to improve quality in everything except the legal profession.

2 Shelley 02.10.08 at 9:00 am

Oh give us a break. Talk about misleading on the facts in order to present a ‘fair’ picture of arbitration.

Cheaper? Have you looked at the arbitration fees? All of them, not ostensibly just the filing fee.

Fair? If so, then why is KBR so determined to bring this into arbitration? After all, if arbitration is as fair as the court system, KBR wouldn’t care if it the case was tried in court, would it?

As for lawyers, what are the writers of this site? Except that you neglect to mention how you all work for the companies that most benefit from arbitration.

[Shelley is 0-for-3 on her facts. See the arbitration section and the about us section of this website. -- TF]

3 Ivan L. Fail 02.10.08 at 12:10 pm

Wake up, smell the “rotten egg lawyers” and pitch them out before they
“hatch into incestuous, rotten egg” ,status quo, turf protecting judges and lawmakers -, who legislate and “adjudicate” more “job insurance” for the lawyers.

Until we do that via non violent, but unified and aggressive procedural electorate seizure of -, and a 75% NON attorney electorate majority control over all fifty state “fox guarding the chicken house” attorney
“discipline” bureaucracies
-, we will continue to fail to keep “rotten egg lawyers” from “hatching into incestuous rotten egg” judges and law makers. And they will continue to protect the “rotten egg “attack dog” attorneys” from any “accountability
to the public”.

And the lawyers will continue to bully, fleece and bilk the public -, while suing the victims, whistle blowers, the media and TRUTH into an intimidated, impotent and paralyzed silence.

If we continue to fail to seize and assume a 75% NON lawyer majority electorate control of those attorney discipline bureaucracies all of our other efforts to rein in the “attack dog” lawyers are destined to fail.

Those are facts and not just an “opinion”. “Follow the political, judicial and monetary paper trail”.
Examine the domestic, financial,emotional and political carnage” and hardship that this incestuous alliance wreaks on millions of powerless victims evey year. Yes I said millions” because in addition to massive legal fees “plus costs” in court battles -, literally every American consumer is forced to pay much higher prices for food, medication, health care and other goods and services to “pay off the frivolous lawsuit attack dog lawyers.

For more “wake up call” information on “attorney discipline/accountability” go to http://www.halt.org

Note:
HALT has not previewed this commentary nor authorized me to speak on behalf of HALT. This commentary reflects my personal convictions
based my personal experiences with-, and observations of the legal profession and the “for profit” frivolous lawsuit industry.

Ivan Fail
Marshfield, Missouri
Phone 417-859-0172
incfail@fidnet.com
Note: After February 29, 2008 my city of residence will be Sparta, Missouri

Comments on this entry are closed.