18.Mar.2010 Legal BS bogs down courts and drives up costs
Here is your legal education for the day.
One of the things about modern law practice is you are suppost to do written discovery before a civil case goes to trial so you can get the facts nailed down prior to trial. In reality lawyers don´t like to admit anything (just like John Carry in the movie Lier Lier). I am currently suing a motor cycle driver who last July drove into the side of my motor scooter in south grand forks. Progressive insurance for the other driver of course refuses to pay me any damages, so I had to sue them in court.
Shannoon M. Gregor of Nilles Law FIrm in Fargo is representing Progressive Insurance. To the initial Complaint (per legal industry standard) they of course denied everything and anything. It makes you wonder if there was even an accident.
Just finished up the second round of written discovery. For my part, I have tried to give simple and direct and as honest and accurate answer I can give. Their answers continue to be repeated standard boiler plate bull shit objections no matter what the question, and is the legal industry standard by the way. For example:
Question: "Knowing there were no side mirrors on the motorcycle, what extra precautions did Andrew take while driving the motorcycle?"
Their Answer: This Interrogatory is objected to insofar as it is overly broad and arugumentative as to the assertion that "extra precautions¨were required. Further objection is made in that the Interrogatory requests privileged information protected by the work product doctrine, the attorney/client privilege, and disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of the Defendants concerning the litigation.¨
It is the repeated use of BS like this that causes the high cost of litigation and bogs down our court system and causes Americans to loose faith in our $200 an hour legal system.
By the way, the mirrors had been removed from the motorcycle and their removal was probably the leading cause of the accident. Mirrors are also required by law to be on all motorcycles. I know if the mirrors were off on my scooter I sure as hell would not want to drive it unless I really had to, and I certainly would take extra precautions if I did then drive it.