Originally Posted by crimzy
Just so EVERYONE knows, no attorney will file a lawsuit against any LFS for a nonsense reason such as "they refused my business" unless it is based on race, gender, disability, etc. People seem to think that attorneys will take on a case to sue someone who looks at them wrong. This does not happen and there is no need for tort reform to accomplish this result. Even though attorneys may be the scum of the earth, they are concerned about one thing: making money. Filing a frivolous case, especially on a contingency fee basis, will cause the attorney to lose money. Moreover even if a frivolous case was filed, it will be quickly resolved with an immediate summary disposition motion and the filer may be subjected to sanctions.
While it is easy to think that the courts are a free for all with no boundaries, this is completely untrue. If you think this is the case, call your local "ambulance chaser" and tell him a story about being refused in your LFS based on tank size. See if you can find anyone to take on such a ridiculous case.
It is a common misconception that people can be sued for having brown hair and blue eyes, or for asking their neighbor to turn down their loud music. Anyone with experience in the courts will tell you that this is nonsense. Tort reform is not necessary because the problem is not in the courts but in the perception by people who don't know any better. In fact, if you take a look at the appellate courts' decisions nationally, you will see the trend towards conservativism. They are making it very tough on civil Plaintiffs and criminal Defendants. Just an FYI.
You do not need an Attorney to file suit in Civil Court. The fact remains: anyone can file a suit (I didn't say win) against anyone. I'm all for tort reform; but this doesn't change this fact.