Did your Roku TV decide to strong arm you into giving up your rights or lose your FULLY FUNCTIONING WORKING TV? Because mine did.
It doesn’t matter if you only use it as a dumb panel for an Apple TV, Fire stick, or just to play your gaming console. You either agree or get bent.
You get sanctioned and maybe even thrown in jail.
You HAVE to participate and pray that the judge in the case is willing to listen to you arguments for dismissal. If you don’t do that much a judge is free to issue punishments for not participating. Sanctioning can be as bad as fines but could further be things like “Ok, you’ve failed to participate so we are going to assume you are guilty” (Which, btw, is what happened to Alex Jones. He did not participate in discovery in any of his cases and so got a default judgements in multiple cases).
If the judge decides that there is any sort of merit (and the standard for that is really low. Cases almost never get dismissed) you enter the most expensive part of trial, pretrial and discovery. This is where both sides get to see each others documents on the case and lawyers spend countless hours filing pretrial motions with the court. This is something that can literally last years and even decades, especially in civil matters which take a back seat on the docket to criminal cases. Generally speaking, this is why people and companies tend to settle. It’s a cost saving measure because making you way all the way to trial can easily dwarf the cost of settlement.
This also, btw, is why patent trolls are so effective. They’ll often ask for an amount low enough that most companies will just pay the fees yet high enough to keep them in business. Even if the patents themselves are potentially invalid.
Yes, it doesn’t make sense. In fact, a big issue is that we don’t have any sort of public civil defenders (we absolutely should). So for most individuals lawyers are prohibitively expensive. You basically have to either be rich, be lucky enough to have a case that aligns with a charitable legal organization’s goals, or luck out on a legal firm deciding to take your case pro bono for their own reasons.
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You don’t have to get a lawyer, but you do have to respond to the lawsuit. That is, participation is not optional.
Now, there is protection from the “bad haircut” lawsuits. It’s called “Vexatious litigation”. If someone sues you for a bad haircut, and they’ve sued others for it as well, you can ultimately seek sanctions (including covering your legal fees) against them and their lawyers. That’s why you don’t generally see bad haircut lawsuits.
Further, if the lawsuit is so bad that it’s “bad haircut” level, it’s possible to get sanctions against the lawyer that filed it for wasting the courts time.
But again, participation isn’t optional here. You HAVE to respond to a lawsuit, you can’t just shut your eyes and hope it goes away.
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There is, that’s what the discovery phase of the lawsuit is for. That’s what the dismissal phase of the lawsuit is for. The issue isn’t that these things don’t exist, it’s that these things are the most expensive parts of trial.
Imagine the reverse case where you find out someone has started a campaign to keep you from getting hired anywhere. You know they are doing this because someone tips you off on this happening.
You do not have enough evidence to prove that this is happening in court at the moment of the lawsuit but you are damn sure that the person you are suing has a trail of documents proving your allegation and if they don’t the third parties that didn’t hire you likely do.
If you find enough evidence you can get the person to settle before trial. If you don’t find any evidence you can either go to trial and lose or simply drop the lawsuit.
The unfortunate thing is gathering minimal evidence, which really is the job of lawyers beyond just knowing the law, is a time consuming task for someone (Usually multiple someones) that is pretty expensive.
Now, to the actual real problem. It’s actually 2 fold.
Gigantic lawfirms gobble up basically all lawyers that have any sort of talent. This drys up the pool of lawyers available to represent people and consequently drives up prices, for everyone. These lawfirms can keep increasing their prices because their rich clients will pay for it and the smaller lawfirms that would represent your case can similarly raise prices because there is no competition.
These gigantic lawfirms and big companies when they sue take a TON of time and resources from the court. You can expect 100 or 1000 issues being filed by one of these lawsuits just at the very beginning. They apply a “Well, there’s a 90% chance you’ll win without these motions, but there’s a 95% chance you’ll win with them. So we’ll file whatever we can to make sure every single avenue is explored. Oh, and we bill you for the hours we spent with our law ghouls scouring legal books in the dungeon.”
These 2 issues mean the courts are constantly flooded, any lawsuit (especially against someone with the resources) takes a long time to resolve, the cost will be astronomical on both sides because the legal team on the other side needs to respond to every court filing, and finally the number of available lawyers will go up because there is little competition forcing them to have lower prices.
The reform we need, if anything, is some sort of penalization on these giant firms for wasting time. Perhaps applying sanctions to the other side if it’s found that they spent 90% of their filings for stuff they never used.