yyzjohn

Conversation with a corporate attorney...

Recommended Posts

My close friend (who is a Corporate Attorney) and I had a conversation this weekend catching up on our lives. We talked about families and wives. The conversation came around to work. I told him about my recent endeavor into the world of Small Claims Court and suing my creditor. The case was a success and settled but he didn't even question why. His words verbatim follows... "Of course we don't want to get mixed up in Small Claims Court, it's a Kangaroo Court, a f*cking zoo in there! We never know how it's going to come out and Small Claims is notorious for this. Protocol is out the window and lawyers don't even like going b/c they have to sit in court all day wasting time with shifty people. It's easier to settle. You'll know the outcome for sure. Besides I bill at $250/hr., it's just less costly."

Sure makes a lot of sense!

Link to post
Share on other sites

Try slapping debt collectors with a consumer arbitration!

The bile and scorn you get from lawyers when the arbitration forum tells them to choke up near 100% (or 100%) of the arbitration fees for the non-consumer party....one would think I took their firstborn or something!

Its a litany of: Arbitration clause does not apply to us! Its not a consumer claim! Conan O'Brien really still is the host of the tonight show!

On one of these cases, after a lawyer was just plain rude to me, I more than doubled my offer to settle it.

Link to post
Share on other sites

I think the issue this lawyer has with small claims court is that the rules of evidence are less daunting. Usually, there is no discovery in small claims court and a limited set of objections. What usually happens is that the judge hears both sides, looks at the evidence, and them makes a decision based on the evidence. Because of no discovery, there is the chance of surprises In regular court, evidence has specific rules and both sides are allowed to discover what evidence the other side has before court.

As for sitting with shifty people, this guy must not wait in the same area of regular court as the murders, rapists, and other "fine citizens" of the community.

Small claims court was designed as a way for the average joe to be able to get a fair hearing on claims where it would be cost prohibitive to hire an attorney. That is why the rules are looser and that is also why there is a dollar limit on the claims you can bring.

I do not feel for this attorney friend at all.

Link to post
Share on other sites

That is why I love small claims court. Although in Florida we don't have to sit with the regular folks; Which is probably for the better as some of us don't bathe regular.

What the hell would a corporate attorney be doing in litigation anyway? Other than getting in the way of the litigators.

Edited by FlaLawyer
Link to post
Share on other sites
Yeah the "do arbitration" thing is way out of line - not even relevant for the point the OP was trying to bring up.

I don’t see the “do arbitration” thing in his post. He was just making a point that lawyers and attorneys don’t like arbitration as much as they don’t like small claims court. OP was making a comment on what pissed off attorneys … Trueq gave his thought on something he felt pissed off attorneys. How is that out of line?

Link to post
Share on other sites
Guest
This topic is now closed to further replies.