9th Circuit winning percentage against the U.S. Supreme Court is .167

George Will today in his column points out  that out of the 82 cases that the Supreme Court heard last term 18 were from the 9th Circuit  -- 22% of the cases.  An even distribution between the Circuits would be 14.6%.  Further, out of these 18 cases the Supreme Court reversed 15.  Mr. Will points out that this is a winning percentage of .167 which is worse than the 1962 Mets winning percentage (.250).  On top of that the first decision issued by the Supreme Court this term was another reversal of the 9th Circuit.  Certainly food for thought and fodder to those that want to split the 9th Circuit into two circuits.
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Very interesting .....

While surfing the blawgs tonight I came across a post at PointofLaw.com that led me to a very interesting read.  The post refers to several posts on a blog called SurgeonsBlog published by an apparently semi-retired surgeon.  In a three part series the doctor blogs about his experience being sued.  The best way to get to these posts is to go to the PointofLaw post and click the links to "one, two, three."

To give you some idea of what the doctor thinks of attorneys consider the following quote:

The guys I dealt with seemed to be closer to reptilian than human, and they seemed perfectly happy to occupy that stratum. Loved it, I'd say. And whereas attorneys are the lizard-pimps, they have their snake-whores in the form of a pack of willing sleazy doctors.

As I read the posts I could sympathize with what the doctor experienced.  But as I read further I thought, "Come on, every defendant and every plaintiff thinks that the other side is lying and their lawyers are scum bags."  Also at first I was drawn into the doctor's position that this indeed was a frivolous lawsuit.  But then he started talking about the referring doctor "who turned on me", the hospital that sold him out and the mysterious entries on medical records that were certainly forged after the fact by others trying to cover their butts.

Granted lawsuits take their toll on all the parties (and attorneys for that matter) but I certainly would prefer our system than to some bureaucratic no-fault system that would leave many people under compensated.  Mediation also takes some of the sting out of the system but in my experience doctors seem to be extremely reluctant to mediate and want to dish out as good as they got.

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Advertising: Bad for the Tort System

Well it is about time I came up with something a bit controversial.  I think advertising is bad for the tort system.  There is no doubt that advertising works very well for personal injury attorneys.  It is so succesful at getting clients in the door that the attorneys have to hire staff just to sort the wheat from the chaffe.  I even have a 3/4 inch space in a column in the phone book stating that I do personal injury work and have 28 years experience.  Although, I am told that that is a waste of money -- the serious people have full page color phone book ads and are on TV and radio.  And, they are absolutely right.  But I just can't go that extra mile.

While the advertising is great for individual lawyers it has the effect of poisoning the jury pool.  It plays right into the insurance industry's campaign to make trial lawyers look like ambulance chasers.  This summer or the year before at the Washington State Trial Lawyers Association summer convention, David Ball reportedly hit on this topic and told the crowd that in the public's eye "they had no credibility" due in large part to advertising.

So, we have become victims of our own success.  This percolated to the top of my brain today because of two articles that I read recently.  The first was an op-ed piece in the New York Times by a law professor.  The subject was ATLA's name change which the professor opined would not help.  In the article he stated:

The problem for the lawyers is that the genius of the tort system - its' capacity to marshall the entrepeneurial energies of the bar - is also it's greatest public relations liability.

I also ran across an article in the Providence Business News. (Isn't the internet wonderful - how else would someone in the Northwest read the Providence Business News).  The article was about the fact that the insurance industry is involved in litigation five times as much as other industries.  In explaining that this had nothing to do with the personal injury side of the business, the author stated:

Personal-injury lawsuits have been in decline for more than a decade, following the famous 1994 case in which a jury awarded millions of dollars to a McDonald’s customer who was seriously burned by hot coffee, Padwa said.

That and other highly publicized personal-injury awards resulted in a backlash, so that today, many people refrain from pursuing legitimate claims for fear they won’t get justice, he said.

So the next time we ask the public to come see us with their case because we are in "The Million Dollar Club" think of how many jurors will be poisoned.

 

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