I do as well, and the Federal court system has a little more flexibility in that regard, as well as a little more freedom in the Judge to address frivolity.
Mr. Tush, have you ever had a lawyer on the other side of your case, whether plaintiffing or defending, tell you that you had a "good" claim or a "good" defense? Answer:_____;
but I have heard "friviolous" ... "ridiculous" .... and "sanctions" too frequently.
Originally Posted by LexusLover
Hell yes, they will tell you at times that you have a good lawsuit. It's usually said with envy over drinks after a depo, and with a caveat about "pigs get fat, hogs get slaughtered," but sure. You don't think anybody pays seven figures for a bad law suit do you?
And even with less than spectacular law suits, most lawyers wills shoot straight with each other about how they see the case. Typical conversation might go something like this: "I think I've got a really great Plaintiff. Jury is going to love him. Good family. Strong liability. Very little chance of contrib. Operated back. Good doc, both in terms of testifying and resume. I'm a little weak on damages because my guy is 26 and hadn't reached his prime earning years, but remember, his boss testified that he would make a supervisor by age 35, etc.:"
Other lawyer: "Yeah, you've got a pretty good plaintiff. I like the wife more than him, but they're good folks. Jury will like them. I think I've got more chance at contrib than you do, but you're going to tag me on liability. You're right about the medical. But I think where you're weak is on damages. First, they jury isn't going to give him more than he's ever made, I don't care what the supervisor say. Plus, the fact that he's a good plaintiff works against you here. He's bright enough that he can go to college or get a decent job where he doesn't have to do physical work."
So yeah, there's a lot of honest -- or near honest -- evaluation that goes back and forth.