Lawyer Up: Class-Action Suits Are Thriving in New York
Summary
Deborah Hensler, a professor at Stanford Law School, said that, although a lawyer can be sanctioned for bringing a suit that has no factual basis, business lobbyists often use the term “frivolous lawsuit” as part of their defense strategy. “It’s a way of characterizing a litigation,” she said, adding that big companies are not the innocents they sometimes claim to be in court. If suits are being settled, she explained, then that suggests the defendants think they have merit: “Otherwise, why would they be so quick to settle?”
But looking for plaintiffs is legitimate, Ms. Hensler said. In the United States, she explained, lawyers are allowed to advertise their services on billboards and television. “‘Had a car accident? Call 800-GET-CASH,’” she said, referring to the kinds of ads some lawyers run. “This is legal.”
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