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01-22-2008, 09:49 PM
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Super Moderator
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Join Date: May 2001
Location: Fresno,
CA
Cobra Make, Engine: KMP 184/482ci Shelby
Posts: 14,448
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Not Ranked
Anthony...alternative dispute resolutions systems (arbitration, mediation) do indeed work. Generally, both sides pay their own fees and one-half of the costs for the tribunal (the arbitrator or the mediator). You either win or you lose, but you have to pay the kitty to play.
I have been both an arbitrator and a mediator...it works. Who doesn't like it? Why corksucking plaintiffs attorneys of course.
Anyone stupid enough to enter into arbitration which does not draw its arbitrators from AAA or some such other organization is a dumbass given how long such organizations have been around. Scams like what occurred in Texas only exist because dumbasses are allowed to walk amongst us instead of getting the phuk off the planet.
You do lose your right to appeal...you also get the case completed quickly with finality.
Just my opinion of course.

__________________
Jamo
Last edited by Jamo; 01-22-2008 at 09:56 PM..
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01-22-2008, 10:13 PM
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CC Member
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Join Date: Mar 2001
Location: Provo,
Ut
Cobra Make, Engine: Kirkham, 427
Posts: 6,990
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Not Ranked
Jamo,
Remind me to never piss you off.
David
  
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01-22-2008, 10:16 PM
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CC Member
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Join Date: Mar 2001
Location: Provo,
Ut
Cobra Make, Engine: Kirkham, 427
Posts: 6,990
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Not Ranked
Oh yes,
Rule 11 bull...
My sister (attorney) was at a party with a well known judge who stated he had never and would NEVER grant a rule 11 sanction as it would put too much of a chilling effect on the system...
hmmm,,,,
Don't laugh...I saw him in action and you would not believe what people got away with in his court room. I learned something very important...lawyers lie. They lie to the judge, they lie to the jury, they lie to anyone who will listen.
Evan,
When is the last time you saw a rule 11 actually granted? And if so, what was the penalty? I'm with Jamo on this one.
David
  
Last edited by David Kirkham; 01-22-2008 at 10:19 PM..
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01-23-2008, 01:13 AM
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Super Moderator
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Join Date: May 2001
Location: Fresno,
CA
Cobra Make, Engine: KMP 184/482ci Shelby
Posts: 14,448
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Not Ranked
Quote:
Originally Posted by David Kirkham
Jamo,
Remind me to never piss you off.
David
  
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Oh I'm just trying to bust Evan's balls a little bit... 
__________________
Jamo
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01-22-2008, 10:25 PM
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Senior Club Cobra Member
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Join Date: Jul 2003
Location: Santa Fe,
NM
Cobra Make, Engine: Cardiac, 428 FE
Posts: 301
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Not Ranked
Well, this has degenerated into what we all can expect. The attorneys that chase cases are the scum and the defenders of the accused are the righteous.
Frankly, I think all lawyers need to be regulated and the system that has been created needs to be completely overhauled. The only ones that really benefit monetarily are the lawyers. It will never happen. Clowns like Edwards and Clinton are Lawyers that's why, they have the power and you don't.
The house I live in now was purchased with a contract that included a seller's and buyer's agent. My agent insisted on specific verbiage in the contract and, after the sale when I found my roof was bad (misrepresented by seller and his agent), and the septic system was trash (misrepresented by seller and his agent), I was able, with my agents help, to get restitution from the seller. The cost of remediation was borne by the sellers agent, my agent, and the seller. I got a new roof and a new septic system. My agent went up to the top of the heap in my opinion after this.
You cannot relegate your power to these people, they'll screw you every time if you let them. They really don't care about you and they'll run the other way if you don't nail them down legally. A lawyer that operates on contingency CAN be a better advocate for your rights, depends on how far he's pushed by opposing counsel and you.
BJ gets away with what they do because we want those cars so bad we'll ignore what is in our best interest just to get them. Same thing is true of real estate agents and their attorney's. Of course, everyone doesn't get the same treatment.......they did their homework.
Buyer beware!
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