The case is Fent v. State ex. rel. Department of Human Services, 2010 OK 2, and addresses the issue of whether 28 O.S. § 152(D)(E) and (F) as well as 28 O.S. § 152.1(B) are constitutional because the statutes require a portion of fees paid to the court clerks in civil actions be credited or deposited to the accounts of certain non-judicial programs.

Mr. Fent argued that any fees charged in civil cases which were credited to non-judicial programs, in this case the Department of Human Services and the Attorney General’s victim’s fun, were unconstitutional because they denied litigants access to the courts. The Court agreed with Mr. Fent, holding that "the open access to the courts is violated if persons seeking to litigate in court are assessed and required to pay for programs that have no relation to the services being provided or to the maintenance of the courts. While litigants should certainly have to bear a portion of the costs of operating the courts, they should not bear the burden of funding unrelated state programs."

The Court analyzed the rulings of other states, and prior holdings, noting that in some instances any fees charged were for use in maintaining the courts or court system. The Court reasoned that:

These three programs, while laudable, are not related to services provided by the courts for which reimbursement to the State is permitted by imposing fees on those making use of the courts. These three programs are not for the maintenance or support of the court system, nor do they defray expenses of the court system. Though such programs may indisputably be worthwhile, and the provision of such services necessary, they do not serve a judicial or even a quasi-judicial function . . . . The three programs are social welfare programs under the operation of the executive branch of government. The worthiness or the desirability of these programs is not the issue before the Court today. These programs have been deemed worthy of creation by the legislature. It is the funding of these programs through the use of fees imposed on litigants that is impermissible. The legislature has imposed a fee or tax on those making use of the courts and has directed the court clerks to deposit those funds to the credit of these programs. The challenged statutes require the judicial branch of government to collect monies to be used to help fund social welfare programs operated by the executive branch of government. The courts may not be a tax collector for the executive branch of government.

Now, really we’re only talking about $33.00, hardly a significant sum. However, when you compare the fee to the overall cost of filing a case, the removal of this fee could reduce the cost of filing a lawsuit. Currently, the fee to file an action over $10,000 is $205.30. If you remove the 33.00 fee, now you’re talking about a cost of $172.00 to file a lawsuit. This is a generous savings to the Plaintiff, meaning that when and if a recovery occurs, more money returns to the party instead of to costs.

Unfortunately for prior litigants, the Court’s decision doesn’t require court clerks to refund money. However, for any future filings, the cost of the litigation will decrease.

I believe as the Court does, and that although some worthwhile programs miss out on the funding this provides, it is the legislature’s duty to fund these sorts of programs, not the injured individual who files a cause of action.

Open Access to Courts 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 only thing I hate more than guys who beat their wives/girlfriends is guys who molest young kids. This kind of treatment (discrimination?) towards particular groups of people needs to stop!

You need to call/write/email your congress member or state representative to ask them to support any measures that prohibit these kinds of behaviors from insurance companies.

I Hope You’re Just as Sick 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.

There’s this story from ABC News that discusses some of the issues we’re facing, and the outrage over the financial bailouts. I’m especially grateful this article discusses the effect increased interest rates are having on the economy and people’s budgets.

I get that you’ve made a commitment to pay your bills on time and all that jazz. If we didn’t enforce those provisions, then we’d be in anarchy and the rule of law doesn’t apply. What I don’t get is why so many companys are so unwilling to offer assistance to borrowers. Moreover, why does our Congress permit this type of behavior.

Here’s what my "open letter to Congress" (state and federal) looks like:

Dear Congressman/woman:

I’m sick of having all of my funds piled to help failing and dishonest companies like AIG, FannieMae, Washington Mutual, FreddieMac, and Bank of America, when I’m refused assistance in my own matters. I’m tired of hearing that you and your colleagues are more forgiving to these businesses than you are to your own constituents.

Each session you fail to implement stricter consumer protection statutes that will protect my neighbors and family from deceptive practices. I get that it’s not my money that’s paying for your junkets to Aspen or your membership at the country club. However, it’s my money and my future you’re spending to support bad behavior.

It’s quite discouraging for me to know that my finances are being used to support bad decisions, yet when my "bad decision" results in a payment being missed by one day, I’m punished with a two or three times interest rate increase.

So, despite my best efforts, I continue to struggle, while others get a perceived reward. I can’t complain though because if you’ll approve the President’s budget, I’ll have $635 billion dollars you’ll put toward universal healthcare. Can you tell me which bank that’s going to be deposited in?

Sincerely,

Me

While I have no ambitions that things will change, we can at least hope for some of the bonuses talked about in the ABC article. However, as is often the case, these things rarely have the "bite" to make any difference, they only make us feel better.

Credit Cards and Bailouts 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.

In the upcoming year we’re going to see a monumental amount of information regarding House Bill 1602, which recently passed in the Oklahoma House of Representatives by a slight margin. The bill, and other similar to it, cap the fees attorneys can earn on contingency case to 33% of the first $1,000,000. Right now, Oklahoma lawyers may receive up to 50% of the total settlement award for their services in the matter. In contingent fee cases, attorneys will advance all the costs of the case, and expect to receive retribution for those advancements when the claim settles.

What few people realize is that these types of claims require expenses and work that many of the injured parties cannot afford. Many of the complex cases, such as those dealing with faulty products, catastrophic injuries, and questionable liability, require reports, examinations, tests, depositions, and other costly work that most people cannot afford. Unlike claims for Workers’ Compensation, where these items are paid for by the compensation carrier, and the labor required is less, contingent fee cases require independent monetary support.

House Bill 1602, and its counterparts, fails to address the question of  whether the 33% cap includes the attorney’s costs.  This scares many attorneys because they fear they won’t have the ability to recoup their costs, let alone make any type of living. This is especially troubling in those complex claims where the attorney expends $200,000 for a settlement/verdict of $750,000. At the 33% cap, the attorney receives $247,500. A $47,500 paycheck, which you might say is a hefty sum. However, the attorney incurred all the risk without any of the reward.

This is what makes me sick. If I’m willing to gamble with my money, I should be able to take the reward. In these types of cases, nobody loses. The client risks no money, and if the case is successful, receives benefits and compensation for his/her suffering. If the case is unsuccessful, the client loses nothing, yet the attorney’s wager is off the table. Yet, with the legislation that’s going through, you’re cutting my desire to play the odds.

This doesn’t make sense, and shouldn’t make sense to Republicans or Democrats. If you’re a "true red" conservative, you should be saying, "That isn’t the conservatism I know. This isn’t the free market idealism we conservatives support." But yet, our Republican lawmakers are pushing this through. I’m a Republican! This is not where I want my party to head. I’m sick about this! Not because it effects my livelihood, but because we’re allowing some politician to say how much an individual can earn. That isn’t the American dream I know or want.

I’ve spoken with my doctor friends, my realtor friends, and my blue collar friends about this issue. For a minute, think about this statement: "How do you feel when you’re told you can’t earn what you’re worth?"

For doctors, you bill insurance companies, and they seldom pay the full value of your services. For realtors, what if the legislature suddenly decides to chop your commission on each sale to 2%? You incur expenses with each sale, how much would you make now? For you blue collar guys/gals, what if your boss suddenly paid you less each week because you’re not "valuable" enough to the company? Finally, for my defense attorney friends who salivate at this legislation, think about where you’ll be when no attorneys are taking the soft tissue claims, and suddenly your billable hours are cut in half. How will you make up the excess now? The economy is tight, and you’ll be part of those massive layoffs you keep hearing about.

If you still think this is a good idea, then you’ll have your chance in November 2010 to vote yes for State Resolution ____. If you’re concerned, it’s time to support organizations that are fighting these blatant changes to Republican ideals. Please contact our office for information about helping defeat this legislation.

Remember this prediction, if Oklahomans pass this legislation, you can bet that contingent fees will decline. You can bet that when you’re injured, you’ll be covering the costs of the litigation and have to pay a hefty retainer and hourly fee for an attorney’s services. If you’re injured, there’s a high probability that you’ll lose some work time too. Without work, can you afford your home, medical, car, or other bills, let alone a $10,000 retainer plus $20,000 in costs plus a $250 hourly fee.

I’m all for reforming the way litigation occurs, and the way attorneys charge fees. I know a large number of attorneys who do what is necessary to ensure that each client receives a sizeable settlement amount. I can’t tell you the number of times I’ve adjusted, or seen another attorney reduce fees because the settlement was less than anticipated. However, this method of coercion doesn’t belong. There will be unanticipated costs for everyone, not just "those greedy trial lawyers."

Finally, if you’re interested in learning about the legislation, this article in the Journal Record and this one on NewsOK.com do a fair job of highlighting the issues involved in this debate.

We Need Tort Reform, But Not Like This! 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 like the fact that President Obama has proposed a stimulus plan that has the potential to bring financial success. I don’t think, other than to say I told you so, that it’s right to criticize the President’s stimulus plan. The plan is what it is, and hopefully, as the President stated on Wednesday, this will be the plan that will bring the economy back where it needs to be.

One of the benefits I’m hoping will be good for everyone is the mortgage bailout proposal. Although I’m adverse to helping people who purchased more than they could afford because their lender said they could (sorry if that’s you), I think this provision will help bring this country and economy back where we need to be, but not in the short-term the President is hoping. I think if you qualify for a mortgage bailout, and your payments are reduced, then you’ll probably use the additional income to pay down your remaining consumer debt (that’s what I’ll do), instead of injecting the additional income back into the economy.

Sure, arguably you’re going to have more money to buy items and go to the movies, but generally, I predict you’re going to concentrate on increasing your family’s financial security through saving or reducing your debt. This will eventually be a good thing for this economy. Having less debt means more financial security, and eventually a stronger economy.

If you’re interested in the details and determining whether you qualify for the mortgage bailout, check out this article in Business Week, or refer to the White House’s blog post.

Give Me My Bailout 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.

[O]ver the next few years taxpayers will pay a total of $75-$125 billion to keep the Big Three out of bankruptcy.

Talk about fleecing the middle class.

Keep your checkbooks close 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 Automaker Bailout 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 most striking paragraphs of the article by Stephen Clark at FoxNews are these (the bold is mine):

The Senior Citizens League asserted the pay raise would rank each lawmaker in the top six percent of American households.

"As lawmakers make a big show of forcing auto executives to accept just $1 a year in salary, they are quietly raiding the vault for their own personal gain," the group’s chairman, Daniel O’Connell, said in a written statement. "This money would be much better spent helping the millions of seniors who are living below the poverty line and struggling to keep their heat on this winter."

The group estimates that a senior receiving average benefits will get a $63 monthly increase to just $1,153 per month next year, increasing their annual total to $13,836.

The pay raises come as the economic recession deepens. The economy lost 533,000 jobs in November, bringing the unemployment rate to 6.7 percent.

Now, this blog generally addresses legal issues, but often, legal issues mesh with political issues, especially when they affect your ability to handle your finances. Additonally, we all need to be concerned about government waste, whether it’s on a local level or national spectrum. Every dollar you’re paying to someone else only makes them richer, and eventually leaves less for your benefit.

We’re going to commend those members of congress who have advocated reducing their salaries, and again shame those who are stuck in the Washington rut.

By the way, don’t even get me started on this story. I’m so sick of other people wasting my money, it makes me want to vomit! I do that well enough on my own.

And we’re keeping them in office because… 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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I wonder when we’re going to get something a forward-thinking as this program.  Ms. Guevin expresses her concerns about the "convenience" of the program. I sympathize, however, my biggest beef is that we’re still using "fill-in-the-blank" style voting here in Oklahoma, and we can’t even write in our own candidates.

No more “hanging chads” 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.

As it is, we’re stuck (or blessed) with this legislation. What’s shocking is the reprecussions of some political activists at one particular toward one group of people. The Church of Jesus Christ of Latter-day Saints (in full disclosure, I am one), is taking a massive blow in the media, and by the activists for, its members’ participation in the "Yes on 8" campaign. I think most people are shocked that this doesn’t affect the Church’s tax-exempt status (it won’t because it’s a bi-partisan political issue, supported on both sides), and how this isn’t an interference of church and state (it isn’t because the state is not telling it’s citizens to vote/act in a particular manner supporting a particular religion).

Many clearly erroneous, and hate-filled comments are being directed at The Church of Jesus Christ of Latter-day Saints. What makes me wonder is why others aren’t opposing these actions? Oh wait, I know, it’s because "they’re Mormons, and they’re weird." You’re going to tell me that you treat Jews, Muslims, or other Christians in this manner, and you’ll casually pass it off as "they Jews, and they killed Jesus," or "they’re Muslims, and they don’t believe in my God," or "they’re Jehovah’s Witnesses, and they’re annoying"? That’s ludicris! The truth is that over 150 different churches supported this action. So to single out one religion, and stand by innocently, is unfair.

What’s more, it’s unfair to target businesses because they supported the Amendment, through money or other donations. It’s the American right to vote, and to vote one’s conscience. By telling someone how to vote, and then ridiculing them because they supported the actions is UnAmerican. GO TO CANADA, MEXICO, OR SOMEWHERE ELSE, BECAUSE WE DON’T WANT OR NEED YOU.

This is the American system, and any person or entity that encourages differently does not deserve the American system. I’m sure there were a multitude of people who were discouraged by the results of the election (I know 3 people in the office who were saddened), but they moved on, handled the situation and their loss. I haven’t seen anything but hope and encouragement from the McCain supporters for their President-elect.

I’m confident the chaos and criticism will not end soon. The most I can hope for is tolerance and far less childish behavior.

Proposition 8 Fury 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.