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Old 08-28-2007, 06:48 PM
 
17,291 posts, read 29,399,972 times
Reputation: 8691

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Quote:
Originally Posted by saganista
Not exactly. In fact, exactly the opposite. State bars (including Florida's, which has the reputation of being one of the toughest in the country) operate to protect the interests of their members -- namely, lawyers. They do so in various ways, including the ridiculously aggressive promotion and pursuit of Unauthorized Practice of Law prosecutions against perfectly well qualified paralegals, i.e., the very same people who do the very same work when it is done in lawyer's office, except at ten times the cost to the consumer. State bar disciplinary systems are typically staffed by overwhelming majorities of -- lawyers -- who are most reluctant to resort to any penalty at all except in the most egregious of cases. In the review period 2002-05, for instance, sanction of any sort was imposed by the Florida Bar in 3% of cases brought before it. In an anecdotal case, it took them four years to disbar Louis 'King of Torts' Robles of Miami, who had merely stolen $13 million from his elderly clients in mass asbestos cases.
I disagree. As a candidate/applicant for the Florida bar myself currently, I have been waiting for them to complete my background check for the best five months now. I'm 25. I don't HAVE much "background" for them to check. A guy I knew who was much older trying to apply to the bar had to send in hundreds of pages of background info.

Throughout lawschool you are bombarded with horror stories of attorneys being disbarred because their secretaries comingled client trust money with operating account money, and I'm sorry, but paralegals practicing law without being supervised by an attoreny DO need to be gone after, because they often screw up, and people rely on them to have the expertise of lawyers if they hold themselves out to be one. One paralegal handled my parents divorce for a "discount" and it has left my mother with a headache with regards to her house.

Of course paralegals DO end up doing most of the "grunt" work, but so do nurses in comparison to doctors.

Anyway, legal malpractice cases are automatically difficult to try and win... you have to prove that but for the error of the lawyer, you would have won. So basically you have to have two trials. It's the only real way to prove that you have suffered damages.

Quote:
Originally Posted by saganista
Perhaps you could link to some info on that. There is no mention of it on the floridabar.org site. There is prominent mention of how time-consuming and costly legal malpractice cases can be for the plaintiff, even for one who is eventually victorious.
See if this link works:

http://www.floridabar.org/TFB/TFBResources.nsf/Attachments/1C611D0078EED78485256B29004BD700/$FILE/RRTFB-Ch7.pdf?OpenElement

I'm dealing with a situation right now with a client that is having to apply to the recovery fund because they had a lawyer that is being disbarred for stealing client money.
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Old 08-28-2007, 08:23 PM
 
78,409 posts, read 60,579,949 times
Reputation: 49688
Quote:
Originally Posted by TriMT7 View Post
Oh, wow. The "actuarial community" disagrees! Imagine that!!




You're kidding me, right? You're example of a report being "discredited" by the Actuary Community is like a global warming report being "discredited" by an energy company!

Insurance Companies Post Record Profits 10 years after Tort Reform:

Ten years after so-called “tort reform” legislation, insurance companies that offer property, liability and casualty coverage are reporting record profits for 2005.

The tort reform movement in Texas successfully limited the damages that individuals could win by bringing civil suits or “torts” against corporations. In 1995, the Texas Legislature capped the payments on suffering, mental anguish and non-economic damages at $250,000 per provider per defendant. Injured individuals are still allowed full compensation for “actual damages,” such as the cost of ongoing medical treatment or the loss of income.

U.S. property and casualty industry recorded an underwriting profit of $15.1 billion for the first six months of 2006, a 31.8 percent increase over the first half of 2005, according to a September insurance industry report from AM Best.

“In recent years the insurance industry's profits have grown exponentially in comparison to the past three decades,” said Ruth Widdoes, branch manager with A-Affordable Insurance Co.

Despite near-record losses from hurricanes along the Texas Gulf Coast during 2005, the property and casualty insurance industry registered a $121 billion increase in total assets during the year. In fact, industry assets increased 9.4 percent in each of the last two years.

By comparison, insurance industry investments in bonds rose 7.5 percent and its stock investments increased 10.5 percent in 2005 – suggesting that most of the asset growth came from retained earnings rather than from investments. The industry is legally required to hold reserves and to place part of its assets in investments outside the industry to guarantee its ability to pay claims....


Insurance Companies Register Record Profits 10 Years After Tort Reform


And, what exactly am I supposed to garner from this but more evidence of shoddily run business plans?:

From your link:

PHICO collapsed after it expanded across the nation. Now consumers are paying the tab.

PHICO's implosion showed that allegedly risky and negligent insurance business decisions also have contributed significantly to the crisis.

PHICO's failure also raises questions about the state's role in regulating the $58 billion insurance industry in Pennsylvania. The industry's interests so permeate state government — where the top regulators are insurance executives, and some legislators on insurance committees work in the industry they regulate — that some believe even-handed regulation is impossible.

With its rapid decline, allegedly falsified financial reports and heavy costs to the public, PHICO calls to mind another recent corporate collapse.

''There are, just like Enron, supposed to be traps in place to prevent things like this,'' said state Rep. T.J. Rooney, D-Lehigh/Northampton, a member of the House Insurance Committee.

''PHICO didn't get in trouble last week. This is a slope they had been headed down for a while.''

As in the Enron debacle, PHICO's failure swamped many in its wake. Unlike the Enron case, however, lawmakers aren't scrambling to root out the cause and pass laws to prevent a recurrence.


Risky insurance company move also fuels Pa. malpractice crisis -- themorningcall.com
Actuaries work in many capacities. I personally worked FOR the consumer in medical malpractice for a long long time. I've agreed with you on a few points and you refuse to even listen to what I'm saying...discarding any point of contention by calling my sources biased and running for something published by the trial lawyers. <sigh>

You've also cherry picked and abused statistics horribly leading me to think you are so corrupt or fanatical that further time spent on you is wasted. I think most readers here can see through the BS....keep spreading it as I fear you are your own worst enemy on this topic.

P.S. Remember, I'm the guy that posted that there are many factors to blame including the insurance companies.
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Old 08-28-2007, 10:01 PM
 
19,198 posts, read 31,473,857 times
Reputation: 4013
Quote:
Originally Posted by TriMT7 View Post
I disagree. As a candidate/applicant for the Florida bar myself currently, I have been waiting for them to complete my background check for the best five months now. I'm 25. I don't HAVE much "background" for them to check. A guy I knew who was much older trying to apply to the bar had to send in hundreds of pages of background info.
That's nice. But background checks have nothing to do with lax discipline.

Quote:
Originally Posted by TriMT7 View Post
Throughout lawschool you are bombarded with horror stories of attorneys being disbarred because their secretaries comingled client trust money with operating account money...
Telling stories doesn't amount to discipline either. When it come to assessing any sanction at all against those brought up for a hearing, we're still at the 3% level. They might as well just not bother.

Quote:
Originally Posted by TriMT7 View Post
...and I'm sorry, but paralegals practicing law without being supervised by an attoreny DO need to be gone after, because they often screw up, and people rely on them to have the expertise of lawyers if they hold themselves out to be one. One paralegal handled my parents divorce for a "discount" and it has left my mother with a headache with regards to her house.
A complex divorce with property issues is not the sort of legal matter we are talking about. Name changes, adoptions, applications for restraining orders. These are among many straight-forward matters that require neither legal advice nor representation to accomplish. But according to most bar associations, if an independent paralegal so much as shows a customer which box on the form her last name goes in, it's unauthorized practice of law and worthy of five years or so in the slammer. Large (and growing) segments of the population cannot afford $300-500 to get some forms filled out. The bar associations' answer for this? They have none. They are willing to let the basic legal needs of this segment of the population go unmet rather than let a paralegal do the required work at a tenth of the cost.

Quote:
Originally Posted by TriMT7 View Post
Of course paralegals DO end up doing most of the "grunt" work, but so do nurses in comparison to doctors.
And do trained obstetrics nurses who also serve as midwives end up being prosecuted by doctors?

Quote:
Originally Posted by TriMT7 View Post
Anyway, legal malpractice cases are automatically difficult to try and win... you have to prove that but for the error of the lawyer, you would have won. So basically you have to have two trials. It's the only real way to prove that you have suffered damages.
Yes, you are right. The deck has once again been stacked against the client. Imagine that.

Quote:
Originally Posted by TriMT7 View Post
See if this link works:
Yes, it does work, and I notice that there is a $10K cap, and their is no actual recovery. Instead, the Board may, at its sole discretion, elect to provide a payment should it feel that circumstances (e.g., bad press?) were sufficiciently egregious to warrant one.

Quote:
Originally Posted by TriMT7 View Post
I'm dealing with a situation right now with a client that is having to apply to the recovery fund because they had a lawyer that is being disbarred for stealing client money.
Well, good luck to him or her. That seems to be about all there is to count on.
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