Lawyer for the little guy

[Mmurf]

Jurisdiction

California

I've noticed a pattern of large general contractors blaming construction defects on subcontractors- not because it's the subcontractors fault, but because the big company (with their in-house lawyers) knows the subcontractor can't afford to fight them in court. While this has yet to happened to me, I was wondering if their was a way to level the playing field? A way to protect the little guy from the predatory contractor? Free sba lawyer group for contractors that are small business enterprise? Anything of the sort? The whole system is just so skewed in favour of the big companies.

 

[adjusterjack]

You're not alone. EVERYBODY wants a free lawyer. Not going to happen.

Being in business means you buy the proper liability insurance and you set money aside over time in case you need a lawyer for something that's not covered by liability insurance.

 

[Mmurf]

True, Smart thing to do. I've seen some cases drag on for years. It would be hard for anybody to last litigation that long, and contractors need their capital available for projects, not wrapped up in litigation.

They should have some type of public defender system for small businesses (for non criminal cases). Each lawyer should be required to volunteer time to those that can't afford it. Maybe speed up the process that way, too. The lawyers won't feel inclined to drag on unnecessarily for more money if they are volunteering their services.

(Living in a dream world, I'm sure)

 

[mightymoose]

I imagine many of your concerns could be addressed in your contracts when you accept a job. Read them, know what is in them and what isn't.

 

[hrforme]

"They should have some type of public defender system for small businesses (for non criminal cases). Each lawyer should be required to volunteer time to those that can't afford it. "

Lots of things "should" be..... and everyone's perspective of what that "should" is totally different. Lawyers should now give away time for free to a "small business"...do you know how many lawyers are themselves small businesses? (And no i am not an attorney nor do I play one on TV)

When one own's their own business, they should have enough business insurance to cover themselves in a lawsuit. How would you like it if I said every subcontractor should be required to volunteer time to Habitat for Humanity or HUD or other places for those that can't afford it.....I'd like to know how much of your time (when you could be working and making $s) that you volunteer your services for the more needy? Hopefully we all do in some way or the other and how do you know that lawyers aren't already volunteering their services in places that they feel are needy?

 

[Tax Counsel]

They should have some type of public defender system for small businesses (for non criminal cases).

And where would we get the money to pay for that? Most states do not adequately fund their public defenders to meet their obligation to defend indigent criminal defendants as it is. Do you think the public would really support paying even more taxes to fund private lawsuits? And bear in mind that public financing for private lawsuits would encourage litigation, not reduce it, since if you get a free a lawyer you are going to be more willing to litigate things and less likely to settle them. Some solution to that problem would be needed to make it work, I think, assuming you can get the public to agree to pony up to the money for this.

Each lawyer should be required to volunteer time to those that can't afford it.

States have long required or encouraged to provide some amount of legal services pro bono. I do provide free/low cost help to indigent clients who are battling the IRS or the state tax agency, for example. Still there is a lot more demand for that then the resources available. I find it odd, though, that lawyers alone seem to the ones the public demands free services from. Note doctors, CPAs, architects, home builders, child care providers, or whatever other profession/occupation you can name. Would you be in favor of such a requirement for contractors? If you think contractors should do that, do you do it already? If not, why not? And if you don't think contractors should be required to do it, why should lawyers be required to do it?

 

[army judge]

Free stuff, lots of free stuff, paid for by others because ne'er do wells, beggars, and layabouts demand free stuff.

I loved the country the USA once was.

Today's USA isn't recognizable.

 

[adjusterjack]

(Living in a dream world, I'm sure)

Here's my dream:

Contractors are so expensive to hire. They should have some type of public contractor system for low income folks or seniors who can't afford to hire contractors to repair their homes. Each contractor should be required to volunteer time to those that can't afford it. Maybe speed up the process that way, too. The contractors won't feel inclined to drag on unnecessarily for more money if they are volunteering their services.

So, Mr Mmurf, my only income is social security, how about coming to my house and doing all my repairs for free? I have a couple of senior friends that could also use a contractor willing to volunteer his work for free.

What do you think of my dream Mr Mmurf?