Likewise, lawyers also get sued for malpractice. In some cases, the client is unhappy with a result which was simply not the attorney's fault: such clients are entitled to a fair and balanced evaluation of their cases. Clients have a right to know if there unsatisfactory legal result was caused by their lawyers' incompetence or negligence; likewise, no lawyer should have to be sued for a bad result which was not his or her fault.
As set forth In Mr. Kapp's 2011 article "The Wacky World of Legal Malpractice" (which was published in two different professional legal journals), the rules on legal malpractice can be very unexpected – and unknown to most lawyers – since they are frequently intertwined in strange ways with the lawyers' special ethical responsibilities. Even a very capable attorney who has little or no legal malpractice background may simply get it wrong, leading people not to pursue legitimate malpractice cases or pursue frivolous lawsuits. You need an experienced legal malpractice attorney to decide which is which.
For many years the insurance industry and their allies have been offering propaganda claiming that the American legal system is overloaded with frivolous lawsuits. This propaganda is almost always based on misleading information, false urban myths, or the rare case filed by a disturbed individual. The famous "McDonald's Hot Coffee" case is a good example of the insurance industry's manipulation of carefully-selected misleading facts in order to create the illusion of an out-of-control legal system.
Nonetheless, while we recognize that this is nothing more than the propaganda, it still reminds us that attorneys to have moral and financial incentives to act as a gatekeeper discouraging such lawsuits. Sometimes, such potential litigants need a lawyer simply to inform them that their case is without merit.
The Law Offices of Howard A. Kapp is dedicated to helping those who have legitimate and significant claims. Mr. Kapp is committed to providing a free initial consultation to determine whether the case has legitimate merit and involves damages which will justify the prospective client's emotional and other involvement in potentially a couple of years of litigation.
All lawsuits involve some stress, expense and risk for all concerned. Moreover, taxpayer funding for our civil justice system (the courts) has been slashed repeatedly over the past years, leaving our courts crowded, slow and overwhelmed. While legitimate cases should be pursued vigorously and ethically, pursuing frivolous lawsuits simply does not serve anybody's interest.
Mr. Kapp believes that nobody's interest is served by a victim's pursuing a meritless case. How is a client's interest served by pursuing a dubious lawsuit that is going nowhere? And, unlike many lawyers, Mr. Kapp has decades of intense experience in trials and appeals experience and legal background to make a responsible initial recommendation about this all-important decision. Mr. Kapp, in other words, knows when to say "no". He also knows when to say "yes".
A legitimate, experienced and knowledgeable attorney, such as Mr. Kapp, is not only able to distinguish between legitimate and frivolous claims but is committed to do so.
Because of his careful screening process and his long history of success, Mr. Kapp is known as an attorney to be taken seriously.
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There are many legitimate cases that should be pursued, but are not due to the inexperience or lack of judgment of other lawyers. For example, the insurance-companies have offered fake propaganda about so-called "litigation explosions" or "frivolous litigation" or "lawsuit abuse", insurance companies only pay even a dime on about 600 medical malpractice cases in California every year. Unfortunately, some inexperienced lawyers do take meritless cases simply because they don't know any better. You need an experienced medical malpractice attorney to know the difference.
Yet, it is now universally accepted that medical malpractice is the third largest cause of deaths in the United States, after heart disease and cancer. After an important book-sized 1999 study estimated that approximately 98,000 were being killed due to hospital-based malpractice, the best, most current and most reasonable estimate is that approximately 440,000 Americans die each year due to "medical errors". Medical malpractice is America's preventable epidemic.
Mr. Kapp believes that the way to fight that epidemic, caused by human indifference and sloppiness, is to remind the medical community that there are consequences when they make inexcusable errors. Unlike many attorneys, Mr. Kapp has the knowledge, experience, medical knowledge, and resources to separate the legitimate cases from those that should not be pursued.
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