Generally, Republicans favor tort reform because it "benefits businesses", while Democrats dislike the idea because you’re permitting bad products/people. I’ve never really understood this, because both sides seem to be flipped on the issue and their desires. Mostly, Republicans favor fewer taxes, less government involvement in industry, and a free market system. Democrats generally favor more taxes, bigger government, and caps on free enterprise. In the tort reform debate, Republicans champion the ideas of caps on litigations because it hampers the free market system (although I’ve never agreed with that because it’s the quintessential free-market idea: pay and benefit from your products/services). The two sides clash in every state, and generally the issue is never resolved (click here for a previous discussion on legislation in Oklahoma).

Well, "the voice of Republicanism", Rush Limbaugh (I happen to like & sometimes agree with Rush – listening off and on since I was 12), is advocating tort reform as a method to stimulate the economy that is "the English rule" of tort law. This is a "loser pays" rule that could be beneficial (although I don’t support it at all) in high dollar cases  where "frivolous" claims are filed by "greedy plaintiff’s lawyers." Everyone hates hearing how some lady made 500 gazillion dollars because she spilled hot coffee in her lap, right? (BTW, here’s a link to the real facts.)

Arguably, there are some cases that see ludicrous (i.e. the Wendy’s finger), but for the most part, people sue other because they can’t get the "justice" (i.e. an apology sometimes) for bad behavior. I’ve talked to a lot of "tort reformers", especially doctors, who don’t realize that some of the suits for malpractice could be resolved by saying "sorry that the surgery/procedure didn’t go as planned." Instead, many clam up under the "do no harm" mantra, and feel that any sort of apology countermines their proficiency as a physician. I think most people recognize that doctors are human, and despite every precaution, sometimes stuff happens.

What "chaps" me though is that by touting tort reform, many people believe that they’re going to be better off, especially in the "loser pays" market. Here’s a consideration:

In my experience 75-85% of the lawsuits filed (at least in Oklahoma) deal with issues around car accidents. In most cases, the injured plaintiff has property damage (a busted vehicle), and some physical damage (cuts, broken bones, whiplash, etc.). In the current system, plaintiff’s attorneys negotiate separate payments for the vehicle damage and the bodily injury, many times without filing a lawsuit. Insurance companies may haggle over small issues, but generally, payments can be made without increased litigation costs.

Under a loser pays system, attorneys would automatically file a lawsuit (increased cost #1), and seek the trial (increased cost # 2-infinity). Because most of the auto accident claims are "clear liability" or something similar, the loser will always pay. That’s double payment for the victim (i.e. once for the insurance and twice for the plaintiff’s attorney). In the current system, attorney’s fees are usually based on contingency fees (percentage of the total settlement). Plaintiff’s attorneys will start charging hourly rates equivelent to their current contingency rates, and also risk no out of pocket costs. Also under the current system, each side pays their own litigation costs (yes, there are a few exceptions), which helps to keep litigation cost low.

Implementing the loser pays rule seems logical because it punishes someone who files a lawsuit just to sue. In reality, you’re only curbing a small percentage of those cases, and you’ve now increased the cost for automobile insurance for every individual. Moreover, as a plaintiff’s attorney, I’m still going to take those cases against the doctors where I see liability and can make the case, I’ll just be more cautious (I already am) about those claims.

Remember, plaintiff’s attorney’s aren’t meeting with clients and saying, "gosh, your case doesn’t look so good, but let’s go ahead and sue anyway" (again, there are a few exceptions). When I get a case, especially one of medical negligence, I’m going to research, read, and review a lot of things before taking the case and filing the lawsuit. As such, if we lose in the end, it’s because of the jury and not the case. Also, I’m going to work like mad to settle the claim ahead of trial, because I know there’s massive consequences if I don’t.

Finally, advocating the loser pays method doesn’t add anything because "the loser" usually doesn’t have money to begin with. You’re going to have to sue an individual with few, if any, resources and who is essentially judgment proof.  Basically, you’re never going to recover, and you’ll still owe your attorney’s bill. I can’t see any sense with trying to waste additional time and resources following this method, but, perhaps there’s an angle I’m not seeing. Let me know.

No, clearly it’s not "tort reform" that we need, rather insurance reform. Doctors and individuals can’t get coverages/payments that they need to adequately do their jobs and live their lives. While malpractice insurance continually rises (please show me a link to litigation), payments for services quickly declines. I heard my father tell me that the insurance company would rather pay $3,000 dollars for  him to perform a procedure in a hospital, than $300 (the actual cost with supplies) in his office. This is stupid! We gripe at paying $3.00/gallon for gasoline, and here’s a company that’s wasting our money.

As always, if you have opposing views or some rebuttals, we’d love to hear the comments. More importantly, each of us needs to be involved in discussing these issues with our state and representatives. The issue of insurance isn’t going away and neither is tort reform.

Tort Reform (Negative) 2.0 is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

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Being a novice internet security expert, there are some potential downsides to this approach. For starters, open connections are very vulnerable to be outside attacks, and thus so is your computer (and your sensitive information). A number of firewalls and other devices can help prevent this. Talk to your 14 year-old or local "techie" about these risks. You can also check out this article about "wardriving."

Second, this may be considered a computer crime. Technology often (always?) outpaces laws. Oklahoma has instituted the "Oklahoma Computer Crimes Act" (21 O.S. §, 1951 et. seq.). Section 1953(A)(5) seems to intimate that the offense of using computer services (i.e. computer time, data processing and storage functions and other uses of a computer, computer system or computer network to perform useful work) constitutes a misdemeanor violation (a $5,000 penalty and 30 days in jail) of the Oklahoma Computer Crimes Act (see here and here).

So, what about accessing wireless networks at businesses like Starbucks, McDonalds, or Barnes & Noble? Well, Section 1954 limits one’s violation to incidents that are not authorized, or exceed one’s authorization. This obviously means that if you try to access the computer resources of the business (the business’ actual accounting, sales, files, etc.) you’ve violated the Act. Merely surfing or using their wireless access point does not.

Is this the case with neighboorhood wireless connections? Arguably, these open connections are similar to mislaid property, meaning that the property is free to the finder. However, because of their readily identifiable locations, this becomes trespass to chattles (or property), meaning these connections are not mislaid. Moreover, you the neighbor, have not received any type authorization to use this access. Therefore, you’ve immediately violated the "savings clause" in Section 1954.

What can you do? How about talking to your neighbors about splitting the costs of the Internet access. Usually at $30 to $60 a month, you can save yourself some monthly expenses by halving your own personal cost for the same Internet speed. Sure, you may have some initial cost in the setup (wireless adapters, boosters, etc.), but over time, these costs will return in your reduced costs. What’s more, this can be a way to save some energy and the environment. I don’t know what the power draw on a wireless router is, but decreasing the number of them being used is certain to have a small impact.

Save Some Cash, Ditch Your Internet Addiction is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

This month’s ezine focuses on credit, collections and foreclosure issues faced by people like you. One article in particular, caught my attention, and I thought I’d pass this gem onto you. The author, Mr. Wendell Finner, does an excellent job of highlighting one of the misunderstood aspects of consumer and property law.

Many times if you’re caught in the despair of foreclosure, it’s difficult to imagine that there may be options or defenses to the foreclosure that you haven’t considered. One of the great things about Oklahoma, unlike many other states, is that Oklahoma’s statutes require judicial process in order to commence a foreclosure proceeding. Usually, this process alone can enable you to find alternatives to losing your home.

Mr. Finner does a great job of helping laymen(women) recognize some key stages in the legal process. Remember, there are always options if you’re willing to work hard enough. As Mr. Finner notes, defenses, counterclaims, and possibly restructuring your debt scenarios are all legitimate alternatives.

In my experience, discussing the variety of options available with your attorney can quite often quell some of the fears and reservations you may have. Most attorneys, and especially those familiar with consumer issues, will know of alternatives that will help you keep your home, minimize your debt, and begin to rebuild your financial future.

If you’re struggling to meet your daily obligations, speak with a qualified attorney about some of your options. It’s 2009 and you’re supposed to be having an optimistic and happy beginning, do something today to help make it that way!

Foreclosures, collections, and judgments, Oh My! is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Recently, she’s getting attacked because of this risky move. By her own admission, it’s risky and not for everyone. The reason why it’s such a bold concept is that you’re getting access to some cash, which, if you’re in desperate need of financial assistance, could spark a rebirth.

Again, re-read her concepts. If you’re already having a difficult time making payments, then it’s not a great option for you. The drawback to the plan, is that you’re still going to have to make at least your minimum monthly payments. However, the bonus is that you don’t run the risk of not getting approved for a bank loan, if you need some extra money.

I think there’s three key concepts to help this idea float:

1. You must make your payments on-time each month, or you risk increased interest rates, late payments, etc. This requirement also implies you have a stable income, or you can create a stable income by your investment;
   
   
2. You must have credit cards with a low-interest rate, or you’ll end up being behind on your "investment"; and finally,
   
   
3. You must invest in something besides consumer goods (a business, your education, etc.), and the investment must be "tangible" in that it’s value will increase and it’s payoff will be measurable.
   
   

I don’t know why this is so novel or radical an idea. There’s a multitude of people who follow this type of plan in utilizing airline and other rewards programs. A large number of the people I know, and have consulted with, have followed similar methods to increase their personal wealth, and maximize their value. It’s not stupid or radical if you’re being money smart and making the credit work for you.

Financial Follow-up is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

I think generally, Ms. Neely has a good grasp on the various troubles facing each of us. I especially like her philosophies regarding the legal profession and financial investments. This newest blog post reiterates Ms. Neely’s commitment to providing competent, affordable, and high-quality legal services.

The post is innovative because you’re going to hear many people tell you that you need to get yourself out of debt, and if possible, never pay on a single card again. While I think this is always a sound tactic, Ms. Neely’s suggestion to "expand" your debt makes sound advice also, especially in light of the tightening credit markets. Ms. Neely recognizes and stresses, the difference between having a good investment strategy (i.e. putting your money in your bank account or other investment) versus blowing the money on a needless consumer good.

Ms. Neely suggests that you use your excess credit to make sound financial use of the cash, and in some sense add some to a financial reserve in your bank account for a latter time. Or more importantly, she suggests that you invest in yourself. The important thing she notes is that you "start a business that will leverage your time and your resources in the best way possible."

Of course, if you’re already struggling to make the monthly payments or you’re jeopardizing yourself by over-extending your credit limits, this is never a good idea.

While the smartest play is always to remain debt free, there are some other ways to make your finances work for you.

The “financials” say foolish, I say genius! is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

The procedure used to be painful for both donor and recipient. However, advances in medicine have made this a relatively painless procedure, much like donating blood. I know you’re afraid of needles and being poked, but let me make you feel even more guilty by suggesting that you could be that one match, and save a life if you’d just get over your selfishness.

A few of us took lunch-time on Friday and went to the Oklahoma Blood Institute, and joined the National Marrow Donor Program. The fee is $30, and you’re on a list to save-a-life.

Help Someone Out This Holiday Season is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

DO NOT EVER GET A PAYDAY LOAN! 

I know, you’re going to argue that sometimes they’re necessary, and you’re going to quickly pay them back.

However, the truth is, you’re going to be paying more on your money than you’ll be making at the bank. Unfortunately for some, the reality is they can’t even get the bank account because they’re so far in debt else (or overdrawn) that every dollar goes to paying overdraft fees.

New9.com posted an article on payday lending practices that gets right to the heart of the matter. The article states that  "in some cases, a person that borrows $100 to be paid back in two weeks, will be charged $15 interest, which is 391 percent annualized." Sure, it’s not a lot on $100 (15%! FOR 2 WEEKS!!!), but usually you’re going to need more, and borrowing against your paycheck, is never a good idea. Why don’t you ask my mother-in-law how well that went over when she tried to borrow against her bonus one year.

Where else could you make almost a 400% profit and not be thrown in jail? It’s the old "I know this guy, who knows a guy…" routine, where you’ll end up having your legs broke if you don’t pay up. Here though, we’ve legalized one aspect of organized crime in order to tax it. Anyone want to advocate narcotics?

I don’t think we need to go as far as North Carolina and ban the practice. I think you’ll be fine, and they’ll be fine, if you just stop using the "service."

Payday Loan Consumer Alert is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

Bankruptcy Primer is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

I think the money quote is "check your ego at the door." Although it’s used to refer to the important issue of getting an odd-job somewhere, I think it’s practical in all struggling financial situations. Take a moment to examine things as they are, then check your ego, and examine them with some humility. Often, we’re too stubborn to admit we made some mistakes.

Credit Crunch is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.

If the feds have their way, you’ll receive another economic stimulus check (what did you do with the 1st one? Oh yeah, pay off that credit card debt), hopefully by the end of the year. This will add another $1.5 gabazillion to the national debt, and devalue the mighty dollar even further. Well, the bonus for all your anti-immigration Nazi friends, is that those illegals will remain in their own country then.

We’re hearing even more recent talk of an auto-maker’s bailout. Hopefully that idea continues to stall and dies a quick, painful death. Can someone tell me why we continue to support stupidity and stupid business models that reward laziness, gluttony and pathetic products? Admittedly, I wasn’t old enough in the 80’s to appreciate the Japanese revolution of the auto industry (I saw Mr. Mom though, does that count?), so I don’t appreciate fully the effects that had on the psyche of the American people. However, I do know that revolution had lasting effects on today’s economy and forced a mediocre industry to create an extraordinary product.

That’s the American Spirit. We fought and changed our system when the British wouldn’t acquiese to our demands. We forced society to recognize, and change a system of oppression and cruelty, we fought Communism and created social change in our own society. Why can’t we demand better from the people who serve us? Shouldn’t they be as concerned about our welfare as they are about their own bottom-line. That’s the same message to those on top, as it is to those on the bottom. Why do/have we let ourselves become a "hand-me-out" society? We think we deserve all these benefits and entitlements, without the work involved. Everyone’s guilty, so I’m not pointing fingers…that’s not true, let’s blame he current situation on the banking industry, so we don’t have to make ourselves accountable for similar bad behavior.

Here’s a humorous (and sometime not) look at the housing bailout crisis.

Finally, do you really want the federal government dictating how to make automobiles? Why not, they’ve done so well at resolving national healthcare, the national debt, social security, the SEC, the FAA, the TSA, Iraq, Afghanistan, Vietnam, and Chinese-made toys.

Round 2 is a post from: Oklahoma Legal Issues. You can read the original post by visiting our site. Please visit our homepage for more information about our law firm. Absolute Legal Services, LLC is an Oklahoma City law firm helping people with legal issues in personal injury actions, consumer claims, immigration, and social security. Please see our services page for more information.