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　　　When it comes to the legal world, I’m undoubtedly an insider. With a law degree from a fancy school, a family of lawyers and more than 20 years of TV legal analysis under my belt, I tend to be the guy many come to for advice on a variety of thorny legal matters. I have some knowledge of different areas of the law, and access to many of the top attorneys. So I am hardly the typical litigant. Nevertheless, I recently endured the maddening and helpless feeling of being bullied into submission on a legal matter where I was convinced I was wronged. Yup, the TV legal guy got badgered and at least so far, legally beaten. My opponents, with an insurer behind them, had the key advantage in any potential bench brawl, financial leverage.
If I sue, I pay my lawyers every penny, while their insurer covers all their costs.
It got me thinking about how frightening and frustrating it must feel if, instead of potential litigation over trivial condominium renovations, it was about something real and important like children, eviction, serious corporate fraud or even life changing injuries. In so many of those cases, one party has that game-changing financial advantage in the matter.
I recall a couple of years ago, I was approached by a friend asking me to advise a colleague caught in a vicious divorce and custody battle. Her own lawyer had been somewhat unresponsive, while opposing counsel for her soon to be ex-husband was aggressive and hostile. She certainly appeared to be the far more responsible and present parent (and partner), and yet her husband was trying to force her to capitulate on crucial issues including the most important one, custody. I wrote to her lawyer and advised her as much as a friend can do, but battling a high priced attorney who had far more time and expertise to devote to the matter, she was at a distinct disadvantage.
Legally outgunned, the facts became secondary to a far more frightening but obvious reality that money can pervert justice.
There has got to be a better way.
My own case is nothing like that…just a squabble amongst relatively wealthy neighbors over condo renovations. The details as absurd as they are mundane. But it’s my home and my most significant investment. Sure, I know lots of lawyers but who wants to handle a complex real estate matter on the cheap? And why should they? Do I have a winning case based on what I believe are their vindictive, self-interested actions? I am convinced of it. But that’s not enough.
My opponents, a 3 person “board” (out of 7 total residents) became a formidable and determined foe: a psychologist whose identity has always appeared firmly wrapped in his role as board president of our condo. From obsessing over sanitation summons’ to the minutiae of the various local codes (no no, I wasn’t accused of violating any), we all know someone like him — a partner at a large New York law firm who sent the board’s legal demands and threats to me
We all know someone like him too. And an owner who just rents out her place. Two of the three seemed to have the time, means and along with their attorney, an almost obsessive desire to hound and defeat me, which thus far, they have done.
Without recounting the tedious details, things got really ugly only -after- I tried to end the drama by withdrawing all requests to renovate. The triumvirate then refused to reimburse me a significant amount that I paid for the upkeep of an area they now said I couldn’t use, and demanded (along with a variety of threats which would have dragged in renters I have in place) that I pay all of their legal fees to have fought with me over potential litigation.
I paid it.
if I’m prepared to pay enormous legal fees out of pocket for a lawsuit while they hand over their bills to an insurance carrier. It is a maddening wrinkle in our legal system that the business or person alleged to have engaged in wrongdoing will often be backed by insurance with a free pass at a defense, while the party allegedly wronged is on his or her own.
A lawsuit will undoubtedly cost me many multiples of the amounts I would even be seeking so at best I could win a principled but Pyrrhic victory.
I have the luxury of being able to decide if that principle is worth fighting for in a case that is little more than a minor frustration in my life. What about those who face the daunting prospect of enormous legal fees in real and important cases when the other side has no financial limits?
For example, it’s provided me with newfound appreciation for the dangers of a recent
ruling that protects businesses from lawsuits. In that business friendly state where many companies from around the country (including this one) set up corporate shop, the state’s high court found that a company can mandate that an investor who files an unsuccessful lawsuit against it must also then pay the company’s legal fees. Since no shareholder approval is needed and those fees could easily be in the many hundreds of thousands — if not millions– of dollars that will certainly serve as a deterrent to individuals attempting to hold companies accountable for misconduct.
In a criminal case, the defendant is constitutionally guaranteed an attorney. Not so in civil cases.
that found that two-thirds of low-income residents who seek legal help are turned away. Furthermore, around the country, The Times reported, important civil legal needs for low-income Americans are only met about 20 percent of the time. Child custody fights and landlord-tenant disputes regularly lead to financially lopsided legal conflicts and the foreclosure crisis highlighted the distinct disadvantage lower income folks face without proper representation. As Stanford Law Professor Deborah Rhode
“In “poor peoples’ courts” that handle housing, bankruptcy, small claims, and family matters, parties without lawyers are less the exception than the rule. Yet the systems in which these parties operate have been designed by and for lawyers…”
Certain states are experimenting with solutions ranging from eviction centers that provide legal assistance, to trying to limit the need for lawyers in certain types of these proceedings. That
that the state would save $2.69 in services such as emergency shelter, health care, foster care and law enforcement for every dollar spent now. I wonder whether in every custody fight, for example, a lawyer should be guaranteed? Maybe the wealthier party has to cover certain costs so that each side has a similar budget?
Over time I have even reconsidered my general disdain for personal injury lawyers. Ambulance chasers, as they are not so affectionately known, usually take cases on a contingency fee basis with no cost up front to the client. The legal fee only comes later in the form of a significant chunk of the verdict or settlement and only if they win. Sure, there are far too many lawsuits and many unscrupulous attorneys out there, but taking a case at no cost to the person injured really is the only way so many can afford to sue at all. Facing off against businesses with major insurance coverage or individuals with unlimited money, is beyond daunting and these lawyers can help to even an often disproportionate playing field.
Our civil law system is supposed to ensure that personal wrongs are righted but the cost of admission can make justice prohibitive. My condo board battle makes for little more than lively Manhattan dinner chat (and a time consuming ), but for the scores of people with real legal problems, life impacting problems, the costs associated with the legal system are what could even be called a crime. Major tort reform is still a necessity but we also need broader solutions that can make those scales of justice far more evenly weighted, not for the people fighting over their future windows but for those fighting for their windows into a future.
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你可能喜欢Georgetown basketball exhibition in China ends in brawl
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What began as a
turned violent Thursday night when its exhibition game against a Chinese professional club deteriorated into a
in which players exchanged blows, chairs were thrown and spectators tossed full water bottles at Hoyas players and coaches as they headed to the locker room.
pulled his players off the Olympic Sports Center Stadium court with 9 minutes 32 seconds left in the game and the scored tied at 64 after a chaotic scene in which members of the Georgetown and Bayi Military Rockets teams began swinging wildly and tackling one another.
There were an estimated half-dozen individual altercations on the court, and eventually some Chinese onlookers joined the fracas, including one wielding a stanchion. As the brawl spilled beyond the baseline, an unidentified Bayi player pushed Georgetown’s Aaron Bowen through a partition to the ground before repeatedly punching the sophomore guard while sitting on his chest.
Georgetown senior center Henry Sims had a chair tossed at him by an unidentified person, and freshman forward Moses Ayegba, who was wearing a brace on his right leg, limped onto the court with a chair in his right hand. According to Georgetown officials, Ayegba had been struck, prompting him to grab a chair in self-defense. The brawl occurred one night after , attended a Georgetown game against another Chinese club at the Olympic Sports Center. That game, which was , passed without incident. The turbulent ending to Thursday night’s contest marred what had been billed as the second game of a two-day “China-U.S. Basketball Friendship Match” in Beijing. Georgetown intended for the team’s 10-day trip to China to be an athletic, cultural and educational exchange designed to promote the school internationally. It was unclear whether the brawl would affect similar ventures in the future. The Georgetown delegation, which included university President John DeGioia, other school officials and prominent alumni and boosters, was scheduled to fly to Shanghai on Friday. Thompson said the team would continue with the remainder of its itinerary. A State Department official and a Chinese Embassy spokesman in Washington both called the melee “unfortunate.” “We look to these types of exchanges to promote good sportsmanship and strengthen our people-to-people contact with China,” said the U.S. official, who was not authorized to speak for attribution. “We believe the organizers of the matches and the two teams will address the issue properly, the sportsmanship and people-to-people friendship the matches are meant to represent will prevail,” said the Chinese spokesman, Wang Baodong, in an e-mail. Xinhua News Agency, China’s official news service, did not have an immediate account of the game, and although other prominent Chinese Web sites such as
posted stories, government censors shortly thereafter took them down. The game-ending fracas marked the second time that both benches emptied in a rugged contest marred by fouls, an inordinate number of which went against the Hoyas. By halftime, Bayi had 11 fouls while Georgetown had 28. Bayi is a military team in the Chinese Basketball Association whose players serve in the Chinese army. “The situations we were put in went beyond losing your cool,” Thompson said. “It went to, ‘I need to protect myself.’ That got to a level above and beyond competition and competing, and ‘Oh, this is a rough day. The calls aren’t going my way.’ At the end of the day, you have to protect yourself.” DeGioia and Athletic Director Lee Reed were not immediately available to comment, according to a school spokesman. Bayi did not immediately issue a statement, but as word of the brawl spread throughout Chinese social media, many citizens chided Rockets players for crossing the line between physical play and unsportsmanlike conduct.
Some Chinese fans were incredulous. “It seemed that [the referee] was eager for the Chinese team win tonight, so the Georgetown team members were very unhappy about it,” said Zhou Ting, 26, a doctoral candidate in biology at the Chinese Academy of Science who attended both games. “I can tell the Chinese players provoked the conflict. . . . The [Bayi] basketball players have got a bad habit of revenge on every small, unfair thing in the Chinese Basketball Association. It’s a hooligan’s habit.”
Immediately before the fighting began, Bayi forward-center Hu Ke was called for a foul against Georgetown’s Jason Clark. The senior guard took exception to the hard foul and said so to Hu, triggering pushing and shoving between them. At that point, players from the Georgetown and Bayi benches ran onto the court, and bedlam ensued. A woman sitting in the Georgetown fan section directly behind the bench implored Chinese police to try to calm the situation, yelling about the risk of injuries to bystanders. Chinese authorities made no attempt to break up any of the fights, and the three officials working the game could not be seen as the melee erupted. At that point Thompson said, “We’re outta here,” and pointed toward the tunnel behind the Hoyas’ bench leading underneath the stands.
No players or coaches on either side were seriously injured. As Thompson and his staff began escorting their players off the court, the group had to dodge plastic water bottles being hurled from the stands. According to one Georgetown official, several bottles struck fans in the Hoyas section. Once the coaching staff and players reached the locker room, the team immediately gathered all its equipment and headed for the buses outside. Members of the Hoyas basketball staff tried to find a police escort for the entire Georgetown contingent, including the alumni and supporters who attended the game. But rather than wait, Thompson told everyone to walk to buses together.
Among the most surreal sequences unfolded early in the third quarter, when Rockets forward Xu Zhonghao approached Thompson while he was standing near the Georgetown bench and began yelling at him at close range during the course of play. Thompson stared at Xu in disbelief before officials halted play for several minutes. Moments later, Bayi player Wang Lei was called for a technical foul after vehemently disputing a call, and play had to be stopped again. “Once it got out of hand, I was in great fear for everyone associated with Georgetown University, because if you look at it in terms of sheer numbers, we were very much outnumbered,” Thompson said. “Once it got to that point, once all the skirmishes had ended, my only thought was to get our fans, our players, our family, our friends out of this building as soon as possible.”
Washington Post staff writer William Wan in Washington and research assistant Zhang Jie in Beijing contributed to this report.
Gene Wang is a sports reporter covering multiple beats, including Navy football, the Capitals, Wizards, Nationals, women’s basketball, auto racing, boxing and golf. He also covers Fantasy Football.
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