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Lawyer Is Big Winner In Webcamgate Settlement

crimeandpunishment writes "The Lower Merion School District in Pennsylvania has agreed to a $610,000 settlement in two lawsuits over secret photos taken on school-issued laptops. Less than a third of that will go to the students. A total of $185,000 will be put in trust for the students. Their lawyer will receive $425,000."

71 of 475 comments (clear)

  1. Associated costs by Anonymous Coward · · Score: 4, Insightful

    But you know, lawyers have costs too. For example they need to pay their office, wages, taxes, and paper isn't free either. The students itself didn't have any costs and I doubt they would had win the case without a lawyer, don't you think?

    1. Re:Associated costs by mbourgon · · Score: 2, Insightful

      How's that a troll? Usually the agreement is for the lawyer to get a healthy cut on a spec case, since the only payment they get is if they win.

      --
      "Sometimes a woman is a kind of religion, she can save your soul & set you free from all your sins" - Bad Examples
    2. Re:Associated costs by Pojut · · Score: 2, Insightful

      The student's school took photos using the webcam on their laptop.

      Do you really need an answer to your question?

    3. Re:Associated costs by Pojut · · Score: 5, Insightful

      ...people expect lawyers (and everyone else) to work for free.

      Not quite. Continue on for my explanation...

      Although most people have only two choices: Allow for the "thick percentage" or have no representation at all.

      That's why people are pissed. They know that your options are extremely limited, and they take advantage of that fact by charging pretty much whatever they want.

    4. Re:Associated costs by Pojut · · Score: 3, Insightful

      I should also note that a six-figure education doesn't help lawyer costs, either...the price payed for a lawyer's education is just as ludicrous as the price they charge their clients.

    5. Re:Associated costs by HeckRuler · · Score: 3, Insightful

      ...people expect lawyers (and everyone else) to work for free.

      Indeed how DARE the proles expect the legal system to function without ludicrous fees!

    6. Re:Associated costs by twidarkling · · Score: 2, Insightful

      Actually, a lot of people do expect professions like lawyers and doctors to do some work for free. That old saw about meeting a guy at a party who says he's a lawyer, and asking his advice is true. People often think that just asking a question should be free, never mind that it does take that extensive education and some questions are fairly complicated to answer. But no, "oh, you make a lot of money usually, and this is just a question, so I should get access to your knowledge for free."

      --
      Canada: The US's more awesome sibling.
    7. Re:Associated costs by AhabTheArab · · Score: 4, Interesting

      Most IT professionals will answer computer questions for free. Hell, even when it goes beyond just answering a question and it actually involves work, a lot of us will still do it for free or at least low cost.

    8. Re:Associated costs by jriding · · Score: 4, Informative

      The big difference between lawyer and most other skills is that as a IT person someone asks me for advice, I am not held accountable.
      A lawyer who is asked for advice by the very nature of answering is giving "Legal Advice" and can be held accountable even if it is in the setting of a party or casual question.
      Makes it a lot harder for a lawyer to just answer a quick easy question.

      --
      love the taste, hate the texture
    9. Re:Associated costs by tsm_sf · · Score: 4, Insightful

      This. An IT professional will do more free work than a doctor or lawyer would ever dream of. Some people have legal problems... everyone has problems with windows.

      --
      Literalism isn't a form of humor, it's you being irritating.
    10. Re:Associated costs by tcampb01 · · Score: 2, Informative

      Lawyers tend to have "tiered" pricing. e.g. if you bring them a case and they can settle the case by merely writing a simple letter, and the other side agrees and decides to settle, then the lawyer's cut tends to be small. The more work they have to do (e.g. if it looks like it's going to court, or if it actually DOES go to court, or if it goes to court and then has to go to appeals, etc.) the larger the chunk.

      And I suppose as an "IT guy", your model might be similar. E.g. if you can help someone merely by answering a simple question or a short email, you might not charge anything at all. But if your client were a lawyer, who asked you to spend several days being deposed about the workings of a laptop security program that takes pictures via the built-in webcam and then you had to go to court to testify... well you might actually *charge* for that much work. And the lawyer would have to pay you for it whether they win the case or not.

      Still, I am a bit surprised that the lawyer managed to take about 70%.

    11. Re:Associated costs by Dragonslicer · · Score: 4, Insightful

      This. An IT professional will do more free work than a doctor or lawyer would ever dream of. Some people have legal problems... everyone has problems with windows.

      If an IT professional were legally liable if they mess up something when doing free work, would any of them still do it?

    12. Re:Associated costs by Kijori · · Score: 2, Insightful

      bullshit. you have no recourse if you asked a lawyer in a bar about legal advice, act on said advice and get burned by it.

      just like you have no recourse if you ask a car mechanic about a funny noise at your local coffee shop, only to find out the it was something else entirely.

      In fact you may well have a legal recourse in both of those situations. If you ask someone for advice on a subject in which they are considered an expert - for example, for a lawyer, the law - then they can be liable in negligence if they give advice (simplifying quite a bit):
      -That falls below the standard that could reasonably be expected of somebody in their position
      -In a situation where a reasonable person would foresee that the advice would be relied on.

    13. Re:Associated costs by Kijori · · Score: 4, Informative

      I'm not sure that that's true. I'm a law student and the solicitors that I know do a lot of work for free - both in the IT worker sense of giving friends small pieces of advice and by doing pro bono work for disadvantaged people.

      It's true that an IT worker might offer to do some actual work, such as reinstalling software or cleaning viruses off a computer, as a favour for a friend, but there isn't really any comparable work for a lawyer. First, any mistake you make could cost an incredible amount of money for both the friend and you; second, even fairly simple tasks, such as preparing a will, can take a long time because of the formalities involved.

    14. Re:Associated costs by bflong · · Score: 4, Funny

      Of course it's outrageously expensive. They are taught by other lawyers.

      --
      Why is it so hot? Where am I going? What am I doing in this handbasket?
    15. Re:Associated costs by Jeremiah+Cornelius · · Score: 3, Funny

      Ref: see "recursion".

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    16. Re:Associated costs by eth1 · · Score: 3, Insightful

      It doesn't matter if you're legally liable or not. Once you touch someone's computer, all future problems become YOUR problem, and they expect you to fix it for free.

      This is why I pretty much refuse to do anything like that outside of my job, free or not, unless you happen to be my parents or other similarly close relation.

      Besides, I work with computers all day. I don't want to work on my *own* computer when I get home, let alone someone else's...

    17. Re:Associated costs by Theaetetus · · Score: 2, Informative

      bullshit. you have no recourse if you asked a lawyer in a bar about legal advice, act on said advice and get burned by it.

      just like you have no recourse if you ask a car mechanic about a funny noise at your local coffee shop, only to find out the it was something else entirely.

      Yeah, you're wrong, previous poster was correct. The attorney-client relationship can arise without any formal contract, such as when an attorney gives you legal advice that you reasonably rely upon. This creates a fiduciary relationship, and the attorney can be liable for malpractice. It's not the same with a car mechanic, because a mechanic is not in a fiduciary relationship with a customer.

      Disclaimer: the above is not legal advice, I am not your lawyer, and based on your post, I would never willingly enter into a contract with you.

    18. Re:Associated costs by Psmylie · · Score: 2, Interesting

      As a corporate IT person, I am strictly prohibited from giving out advice to other company employees for personal (non-company) equipment, because the company sees that as a potential liability. And it's also a handy excuse to not have to answer questions for everyone who neglects to run a virus scanner.

      Non-employees, though (such as friends and family) not only will impose on my time, but they seem to expect me to drop everything and fix their problems instantly. If I say No, I'm a jerk. If I charge them for the time... well, then I'm an asshole. Maybe I should just offer a work exchange: "I'll fix this problem for you, but you have to mow my lawn" kind of thing :P

      --

      psmylie's dictionary: Godzillion (noun) Any number large enough to destroy Tokyo

    19. Re:Associated costs by Etrias · · Score: 3, Informative

      bullshit.

      Holy shit, who modded this informative? This guy isn't a lawyer, he "works with electricians and home owners".

      Know what, my wife is a lawyer and I feel barely qualified to answer this post. What I do know is that my wife couldn't legally give advice to people unless she was a member of that state's bar association, even though she had been admitted into three other states and two federal jurisdictions. The law isn't the same from state to state and you can be held liable for your legal opinions.

    20. Re:Associated costs by Shotgun · · Score: 2, Insightful

      That most definitely works. Another option is to switch to Linux, and forget everything you know about Windows. Then you can look them straight in the eye and say that you haven't a clue about their problem.

      --
      Aah, change is good. -- Rafiki
      Yeah, but it ain't easy. -- Simba
  2. Irony by gatzby3jr · · Score: 4, Funny

    And the irony is? All the money came from the tax payers.

    1. Re:Irony by jwietelmann · · Score: 3, Insightful

      That's not really ironic, seeing as those taxpayers voted the idiots onto the school board. It seems pretty appropriate to me. If I hire an employee who does something stupid on behalf of the company, I have to suffer for it. Taxpayers have to suffer for their bad hires, too.

    2. Re:Irony by stewbacca · · Score: 2, Funny

      The money came from the kids! They would have had the extra $425,000 if the lawyers didn't take the cut.

      Yes, I'm sure two teenagers would have been able to negotiate a $600k settlement using Wikipedia or YouTube.

    3. Re:Irony by Ephemeriis · · Score: 3, Insightful

      Except that the taxpayers rarely get any say in who they "hire" when the corporate jungle owns all the media outlets and can pretty much dictate who the voters even know are on the ballot.

      Well, we're talking about a local school here... Not Washington politics... So it's unlikely that the corporate jungle or media outlets had much to do with who got voted in.

      But even if we're talking about Washington politics - it's still the voters fault that things are the way they are. Or, rather, the citizenship in general.

      It is your responsibility as a citizen to participate in the democratic process. You're supposed to educate yourself and then show up to vote. If you don't vote, or if you don't bother to educate yourself, you're part of the problem.

      --
      "Work is the curse of the drinking classes." -Oscar Wilde
  3. Lawyers... by ihatejobs · · Score: 3, Insightful

    Lawyers are legalized crooks, news at 11. The world would be a better place without them. The fact that we need specialized professions to be able to properly navigate the legal system is, well, downright stupid.

    --
    Can anyone tell me why 99% of /. users are total assclowns?
    1. Re:Lawyers... by ihatejobs · · Score: 3, Insightful

      You honestly think that the lawyer in this case deserves to get over double the payout that the students received? Oh wait never mind, your a troll. No sane person would think that.

      The lawyers pay in this case is beyond ridiculous. For the amount of work they do they are almost as overpaid as sports "professionals" who earn millions of dollars to play a fucking game.

      --
      Can anyone tell me why 99% of /. users are total assclowns?
    2. Re:Lawyers... by rtaylor · · Score: 4, Insightful

      Sure they do. There are lots of small software shops that easily charge that amount for 8 months work; and just see what happens if you want 8 months work out of a 4 man development team at your local IBM shop.

      More to the point, what would you expect a developer to charge if their payment was dependent on financial success of the product they created? I.e. The software shop gets nothing if the software doesn't make money.

      --
      Rod Taylor
    3. Re:Lawyers... by Chris+Tucker · · Score: 4, Insightful

      Indeed, why, all those lawyers, WTF did they do for Rosa Parks, and black kids wanting the same education as the white kids and all those other minorities who wanted to have the same rights as the majority, like being able to vote?

      And the lawyers here in Massachusetts, who convinced the Supreme Judicial Court that, yes, gay people do indeed have the right to marry, lazy bastards, all they did was point to a couple of amendments in the Constitution and the Commonwealth charter!

      And DO NOT get me started on the Southern Poverty Law Center! Suing Klansmen and Nazis just because they like to beat up and murder people.

      Yeah, get rid of all the lawyers.

      Until YOU need one, of course.

      Thank you for proving the truth of Ted Nelson's comment about fools and computers.

      --
      Guaranteed! This comment 100% Anthrax free!
    4. Re:Lawyers... by Abstrackt · · Score: 4, Insightful

      Easy there, Skippy. AC was saying that this probably wouldn't have ended well without a lawyer involved, in response to you saying lawyers are "legalized crooks" and that "the world would be a better place without them". Of course the amount the lawyer took is ridiculous, no one said otherwise.

      You don't win a gold medal in ten seconds, you win it by training almost non-stop the rest of the time. And you don't charge what you think is fair, you charge what they think is fair. If someone offered you millions of dollars to write code would you say no? I've charged upwards of $150 an hour and companies were happy to pay that amount for a specialized skill set. I imagine the same thing happened here: the lawyer's take was worth it to the students.

      --
      They say a little knowledge is a dangerous thing, but it's not one half so bad as a lot of ignorance. - Terry Pratchett
    5. Re:Lawyers... by a_nonamiss · · Score: 3, Interesting

      How about if you went to a stockbroker and said "Hey, I know this really hot stock. I can tell you which one it is, and YOU can invest YOUR money into it. On top of that, YOU can keep 70% of the profits!"

      I'd like to meet any stockbroker that would go for this sort of arrangement, because I've got some pretty mean ideas for investments, and hell, I'd let them keep 75% of the profits!

      --
      -Arthur
      Cave ne ante ullas catapultas ambules
    6. Re:Lawyers... by jriding · · Score: 2, Informative

      if they are on contingency fee, if they loose the client does not pay. only if they win do they get paid.

      --
      love the taste, hate the texture
  4. Who says our legal system is broken? by durkzilla · · Score: 5, Insightful

    Just a reminder kids - stay in school - LAW SCHOOL.

    1. Re:Who says our legal system is broken? by Grond · · Score: 2, Informative

      Just a reminder kids - stay in school - LAW SCHOOL.

      That would be a bad idea. The legal job market is terrible and will remain so for a long time because of the tremendous oversupply of lawyers. The situation is likely to get worse; despite the oversupply, universities are actually opening new law schools and increasing class sizes. Meanwhile, the number of available jobs is shrinking as law firms lay off associates and partners, government agencies have their budgets frozen or cut, corporate legal departments go through similar cuts, and the overall demand for legal services goes down. For example, hard as it may be for Slashdot readers to believe, spending on patent litigation and prosecution have actually gone down in this recession.

      Some highlights: Overall employment down to 88.3% (2% of which are law school 'jobs program' jobs). 25% of jobs are temporary. Only 70.8% have a job that actually requires a JD. 22% are still actively looking for work despite being employed. All of these numbers are worse than prior years. Given the self-selection and reporting bias involved it's likely that the true numbers are even worse.

      Also notable is the salary distribution for new law school graduates. It's bimodal, with one peak centered at $50,000 (i.e., the median family income in the US) and another at $160,000 (i.e., the select few that get jobs at large law firms). Even if you get a job with a large law firm, there's a good chance your actual employment will be deferred for up to 18 months. In the meanwhile you may or many not get paid anything, depending on the firm.

      No, law school is actually a horrible decision from an economic point of view unless you can get a full scholarship or are assured of a well paying job straight out of school (e.g., strong family connections at a large law firm).

  5. QED by Drakkenmensch · · Score: 3, Insightful

    This lawyer has proven that lawyer-driven lawsuits are a critical part of keeping the high-paid lawyer system intact.

  6. as usual... by alanshot · · Score: 4, Informative

    the only winners in class action lawsuits are the lawyers.

    1. Re:as usual... by elrous0 · · Score: 4, Informative

      Actually, it's a little-known secret that the companies being sued (and their insurers) often benefit too, and sometimes even quietly "encourage" a given firm to pursue a class action suit. For the price of one easy settlement, they're permanently indemnified from being stung with thousands of individual suits (since the VAST majority of plaintiffs, even if they do hear about the suit, will not go to the trouble to opt-out of it).

      Lawyer gets paid crazy amount of cash. Company gets indemnity against future lawsuits. Consumer gets a crappy coupon for $5 off their next purchase.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:as usual... by tophermeyer · · Score: 2, Insightful

      You've posted this point in response to at least one other comment. I want to commend you for it.

      Like this case, class action lawsuits are pretty commonly taken on with no guarantee of compensation. If the plaintiffs lose, their legal team gets nothing. Complain about the moral sliminess of lawyers all you want, but like all of us they definitely will not work for free.

  7. Better FAs by mcgrew · · Score: 5, Informative
  8. Less than ideal by oracleguy01 · · Score: 5, Insightful

    I am glad they won and I don't particularly care that the lawyers are getting paid the majority of the settlement. What I do care about is that the people actually responsible aren't going to be punished. The settlement will be paid by the district's insurance policy and the people actually responsible will get to walk away.

  9. -gate by kellyb9 · · Score: 4, Insightful

    I'm hoping eventually we run out of stuff to attach "gate" to.

    1. Re:-gate by SailorSpork · · Score: 3, Funny

      You're right! Adding -gate to things is the NEW SCANDAL! WE'll call it... Gategate!

      And that we be the -gate to end all -gates.

  10. Wrong charges, no good outcome possible. by pla · · Score: 5, Interesting

    Tough call for me, on this one.

    On the one hand, I don't even bother participating in the various class actions suits I qualify for, because my dignity costs more than a $5 gift certificate. The lawyers in those situations should make far, far less.

    In this situation, though, that really amounts to a pittance for even a small legal team, perhaps three lawyers plus their supporting staff, working for a solid two months on the case; Unfortunately, this one had no big corporate pockets to raid, and even in winning, the community (rather than the school administration) suffers. So a bigger payout that might really have given the kids something to enjoy, wouldn't have counted as a win for anyone.

    Personally, I'd much rather have seen the school administration facing child porn charges, and no civil penalties involved. Then, and only then, could we have seen a "win" here.

    1. Re:Wrong charges, no good outcome possible. by Hatta · · Score: 2, Insightful

      Exactly. But the FBI didn't really want to get involved in pursuing child pornography trafficking charges against a school

      Maybe what we need is a legal process for the people to force those charged with enforcing the law to actually enforce the law. When a prosecutor has knowledge of a crime and refuses to act, that's aiding and abetting. Prosecute him. Prosecutorial immunity is just begging for corruption.

      --
      Give me Classic Slashdot or give me death!
  11. As always! by airfoobar · · Score: 4, Insightful

    It's always the lawyers who win. Always the lawyers.

    The RIAA fighting piracy? Lawyers make millions. Microsoft asserting its software patents? Lawyers make millions. Porn studios want to sue a bunch of people? They call Andrew Crossley. Layers make millions. Andrew Crossley leaks the database of his victims? Sue him. Lawyers make millions. Someone calls you a dick on the internet? Sue him. Lawyers make millions. A hospital patient dies? Sue the doctors! Lawyers make millions. etc etc etc

    Where does all that money come from? Of course, we as good little consumers and taxpayers, pay for everything. It's not the shareholders that lose money -- companies have an obligation to keep them happy -- but they have no obligation towards their customers or any need to keep prices reasonable.

    1. Re:As always! by Grond · · Score: 4, Insightful

      Yes, it's true, when parties have disputes, the people they hire to represent them in those disputes get paid.

      You might as well say "it's always the doctors who win." After all, everybody gets sick eventually, and there are the doctors, just waiting to get their cut, profiting off of the suffering of others.

      Or "it's always the programmers who win." After all, computers are everywhere now, and somebody has to program them. And there are the programmers, eager to take their slice. They write a program once and sell a million copies. What parasites!

      Or you could look at it as a valuable service rendered by specialists so that other people don't have to worry about the details of the legal system, modern health care, or computer programming. It's called the division of labor, and it's essential to a well-developed economy.

      It's not the shareholders that lose money -- companies have an obligation to keep them happy

      Shareholders lose money because of lawsuits all the time. A company loses a suit and its stock price tanks. A company has to pay out a ton of money and there's none left over to pay shareholders a dividend. A company loses a major suit, goes bankrupt, and the shareholders get nothing. Companies can try to pass on costs to customers, but it doesn't always work. If passing on the cost means raising prices above what the market will bear, customers will go elsewhere.

  12. Windfall profit tax by m0s3m8n · · Score: 2, Interesting

    Maybe we can apply some oil company resentment and institute a Windfall Profit Tax, just to spread the wealth around a little. Na, this would take an act of Congress, members of which are mostly lawyers.

    --
    Conservative, mod down for violating /. political norms.
  13. Re:Should have held-out for more money by ari_j · · Score: 4, Insightful

    It may not be a poor decision. We don't have enough information to decide that. (We also don't have enough information to decide if the lawyer was overpaid, underpaid, or appropriately paid. But, O Slashdot, don't let lack of knowledge get in the way of your prejudices about other vocations.) In settling a lawsuit, both sides have the same decision to make: What is the marginal risk of holding out for that next dollar? If you don't take the current offer, do the odds of getting more tomorrow weigh favorably against the odds of getting less tomorrow?

  14. Re:Shocker by Anonymous Coward · · Score: 5, Insightful

    The vast majority of lawyers are scum that leach off of the rest of society. Remember, judges are also lawyers.

    Exactly, we should go back to the simple days when people appointed by the king made arbitrary decisions based on their mood and how much people bribed them. That was much better.

  15. Free Legal care! by olddoc · · Score: 3, Insightful

    Where is the call for the US governemt to take over Legal care?
    Isn't legal care a right? Isn't $425,000 a big bill to be paid?
    Where are the liberals and the Democrats in calling for Lawyers to be paid like Doctors?
    How about a system of free legal care for everyone with lawyers paid according to a scale set by the governemnt? Spying on kids = $8,000 fee, not $425,000.
    Unlike Obamacare, this really could save taxpayers money.

    I just wish Congress did unto lawyers what they do unto doctors.....

    --
    Power tends to corrupt, and absolute power corrupts absolutely.
    1. Re:Free Legal care! by misexistentialist · · Score: 5, Interesting

      It is true that a single-payer legal care system would be more fair. As it is the wealthy with infinite legal resources only have to comply with about 25% of the law, while everyone else is held to a stricter standard. The poor may receive free legal aid and public defenders, but society basically tolerates them as a criminal class anyway. Really the American middle-class is hardest squeezed by greedy legal companies and should demand government recognition of the right to legal care.

    2. Re:Free Legal care! by Archangel+Michael · · Score: 3, Insightful

      This is NOT funny. It is downright Insightful.

      The problem is Trial Lawyers are in the pocket of the (D) party, so nationalizing Legal Care like they just did with Health Care is not really going to happen. Not to mention most of those serving in the Legislature are lawyers (on both sides of the isle)

      I always thought that lawyers writing laws was a conflict of interest. I wonder why that has never been addressed before.

      --
      Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
    3. Re:Free Legal care! by Rich0 · · Score: 2, Informative

      Uh, when somebody shows up in an ER, they are in a situation not unlike a contingent contract. The doctor treats them, then they send a bill, and the patient may or may not pay it. If they don't pay it, the doctor cannot repossess their stitches or whatever.

      It isn't a perfect analogy, but doctors do have lots of risks involved in performing their services. There is also the performance-based threat of liability.

    4. Re:Free Legal care! by olddoc · · Score: 2, Interesting

      Here is a well thought out argument for what a government takeover of the legal industry would be like http://www.singlepayerlegal.org/

      --
      Power tends to corrupt, and absolute power corrupts absolutely.
  16. Wow, just... wow by rsilvergun · · Score: 2, Insightful

    So, it's OK to have a society where a group that produces absolutely nothing (e.g. what we call a 'parasitic class') can pocket 2/3 of our wealth? This the really what's wrong with America. Instead of asking how we can fix this awful situation we're busy asking how we can be the guy that gets paid $400k to fill out a little paperwork.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Wow, just... wow by SpeZek · · Score: 4, Insightful

      So services are useless? I suppose you think garbage men shouldn't be paid, since all they do is feed off the remnants of society and do a job that anyone could easily do themselves?

    2. Re:Wow, just... wow by hedwards · · Score: 4, Informative

      Short answer is that he doesn't get to keep it. There's whatever he gets to keep as a part of his salary, but there's the cost of the paralegals, office, professional literature, time spent interviewing witnesses, time spent researching the case and coming up with a strategy. There's a lot of work that goes into the practice of practicing law.

      Plus, if the case was taken on contingency, which it looks like it was, he has to worry about the possibility of losing and ending up being paid nothing. Which can and does happen, there's a reason why attorneys work so hard to keep things out of the courts, the jury can be very unpredictable at times.

    3. Re:Wow, just... wow by bhcompy · · Score: 4, Insightful

      He didn't say they were useless. He said that 2/3 of the settlement is ridiculous, and it is. Agents make 5-20% cuts to do the same thing(negotiate, draft paperwork, follow regulations, etc).

      The problem is with the percentage, not the fact the guy was paid for his work.

    4. Re:Wow, just... wow by dosilegecko · · Score: 2, Insightful

      But do you know how many people were on the Lawyer's team and how long it took to build the case? After taxes they probably had 220 K to split amongst 4-6 people, for a few months of work. While it is still a lot, its not as ludicrous as "one dude pocketing 425 K". If you think making money is wrong, then you are what is wrong with America, not the lawyers. And no, IANAL.

    5. Re:Wow, just... wow by Grond · · Score: 5, Insightful

      You do realize that the plaintiffs signed a contract with the attorney specifically pointing out the details of the contingent fee, right? That the rules of legal ethics require the attorney to make it clear to the client how a contingent fee works? If the plaintiffs wanted to take the entire award, they could've hired an attorney that they paid by the hour. They wanted to pay nothing up front, and the trade off is that they took a much-reduced award on the back end.

    6. Re:Wow, just... wow by 0xdeadbeef · · Score: 4, Insightful

      group that produces absolutely nothing

      This one produced a win for privacy rights and the rights of children.

      But hey, you can't get your knee jerkin' with that kind of rhetoric.

    7. Re:Wow, just... wow by mweather · · Score: 4, Insightful

      At 5 to 20%, they'd have to turn down most cases unless they were a slam dunk, or the client paid up front.

    8. Re:Wow, just... wow by UnknowingFool · · Score: 2, Informative

      So, it's OK to have a society where a group that produces absolutely nothing (e.g. what we call a 'parasitic class') can pocket 2/3 of our wealth? This the really what's wrong with America. Instead of asking how we can fix this awful situation we're busy asking how we can be the guy that gets paid $400k to fill out a little paperwork.

      If you think being a lawyer = "filling out a little paperwork" then I suggest you try to become one. Law is one of three professions that requires post school testing and certification (medicine, accounting, and law). Engineering requires testing and certification only in the construction side of engineering. It takes more than filling out paperwork, it takes knowledge just like medicine is more than a physical exam and writing prescriptions and accounting is more than balancing a checkbook. These are just small chores that are part of a larger profession. In the case of law, it is the only one which is adversarial. That's what makes lawyers so expensive; they have to go against other lawyers. In this case, the private lawyers have to go against the state which is a tough battle.

      Is 2/3 a high amount? Yes. But do you know exactly what was in that bill? Most likely the lawyers had to answer every motion, address every detail that the school district would throw at them in order to even get the suit to proceed. Being the school district, the lawyers would probably have to fight motions to dismiss as the school would argue that they can't be sued as part of state. Then even if they could be sued, everything fell under protected state behaviors, etc. That's a lot of time on a lawyer's part and time = money. Even a case that is settled like this takes up boxes and boxes of so called "paperwork."

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    9. Re:Wow, just... wow by BlitzTech · · Score: 3, Insightful

      Or, as non-value-producing citizens, they could lead lifestyles that didn't require them to make money hand over fist to sustain. They have the potential to make more than doctors, and I can't imagine anyone would argue that doctors contribute much more to society than lawyers ever could.

    10. Re:Wow, just... wow by CherniyVolk · · Score: 2, Insightful

      Is 2/3 a high amount? Yes. But do you know exactly what was in that bill? Most likely the lawyers had to answer every motion, address every detail that the school district would throw at them in order to even get the suit to proceed. Being the school district, the lawyers would probably have to fight motions to dismiss as the school would argue that they can't be sued as part of state. Then even if they could be sued, everything fell under protected state behaviors, etc. That's a lot of time on a lawyer's part and time = money. Even a case that is settled like this takes up boxes and boxes of so called "paperwork."

      I understand what you're saying, doesn't make it right. I don't care what's in that bill or how many boxes of paperwork goes into a case, 425,000 USD for a settlement is ridiculous at any level. For 425,000 dollars, that better be a Supreme Court ruling... unfortunately, such a ruling would total millions I imagine.

      I'm aware of post education certification and continued education for Lawyers, Doctors et al. Lawyers seem to make more than mechanical engineers, construction engineers, architects and a fair share of medical professions. In spite of all of this, and the jokes about modern health care, still poor people have access to a doctor. As opposed to the legal system, there is no access for poor people we know this, otherwise the RIAA and their John Doe lawsuits wouldn't be so successful at extortion. You can not afford a court battle, there is no protection for you. There is no legal equivalent of Medicare, there is no legal equivalent of Free Health Clinics, there is no legal equivalent of the fact your state taxes pays for the construction engineers that build the roads and water systems. There's no legal equivalent of you consulting an accountant to start a business.

      I don't care how expensive their school is. I don't care how expensive their paralegals are. I don't care about their bills, they are lawyers so they should be able to drag the costs down themselves by suing those who overcharge them... I don't know.

      The system needs to be fixed, there is no excuse for taking 425k from a 600k settlement. The financial aspects are ridiculous, the legal representation is ridiculous (where a large corporation can take an individual to court... what bullshit).

  17. Definitions by Intron · · Score: 3, Funny

    Attorney - An honest, well-educated representative of my interests before the court.

    Shyster - The low-life, lying dirtbag representing my opponent.

    --
    Intron: the portion of DNA which expresses nothing useful.
  18. No, we all win. by bedroll · · Score: 2, Insightful

    I don't get this attitude that the lawyers are the only winners. Sure, they're the big financial winners here. This was never a case about lost funds, though. It was a case in which the students sought both relief from invasive practices and a punitive sum to discourage further similar actions. They won on both counts, and since no school district wants to shell out over half a mil because they spied on their students it should be a win for the privacy of teens everywhere.

  19. who cares about the money by hypergreatthing · · Score: 5, Insightful

    who got sacked for doing this? Who's going to jail? who's being charged with pedophilia? Who's on the sex crime watch list because of this?

    Because if the answer is no one then justice was not served and no one learned any lessons 'Cept that Lawyers charge a lot for their services.

  20. Wow Talk About Missing The Point by xednieht · · Score: 2, Interesting

    Lawyers leaching off clients is not newsworthy. Title of the article should have been "WHAT THE FUCK IS GOING ON IN AMERICA?". FTA "prosecutors decided not to pursue criminal charges", "took pictures of students even while they were sleeping in their own bedroom".

    Prosecutors, the FBI, and Judges are taking a big dump on the constitutional rights of individuals, and you're concern is what the lawyer earns off of this??? Americans are squandering their freedom and have no right to complain when they finally wake up and realize their Democracy is but a shadow of what it once was.

    --

    Hope is the currency of fools
  21. A Response From An Attorney by owlicks58 · · Score: 2, Informative

    As an attorney myself, I feel the need to address some misconceptions.

    1. This was not a class action, it was simply two individual cases.
    2. The article is woefully sparse on details regarding the settlement. I do not practice in Pennsylvania, but I can assure you that the Rules of Professional Conduct in that state do not allow attorneys to take a nearly 70% fee. Most states will only allow a maximum fee of 35% or so. In a contingency fee practice, the client is always responsible for his or her own costs, unless the client fee agreement specifically states otherwise. Under the agreement, these costs are advanced by the attorney, but the client is ultimately responsible for repayment. In this case, it seems unlikely that the attorney could have accumulated $350k in costs, but regardless, any money above that 35% (more likely 33%) ceiling is going to repay money the attorney already spent out of his or her own pocket. These costs do not include the attorney's salary, her staff's salary, office rent, etc, they only include direct costs related to the case, such as legal research fees, travel expenses, filing fees, and expert fees.
    3. An attorney DOES have repercussions if she issues casual advice to a potential client. The attorney/client relationship begins before any agreement is signed between the parties. Details, even from an initial meeting and even if the attorney is not ultimately hired to represent the client, are protected by attorney/client privilege and the attorney can land herself in hot water if she breaches this privilege.

    Something to remember here is that an individual can always represent him or herself in court, so long as the individual is competent. That being said, hiring an experienced attorney will inevitably lead to a better outcome, very likely offsetting any costs. Unfortunately, our legal system is far too complex to navigate effectively without years of education and experience.

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    -Alex
  22. Re:Valid point, except .... by Grond · · Score: 2, Informative

    You'll typically be asked to pay several thousands bucks, up front, as a retainer fee, BEFORE anything is even accomplished at all. (Does you doctor or software programmer demand this?)

    Not all attorneys use a retainer. For those that do (commonly in divorce, bankruptcy, and criminal defense), it's done because not using a retainer is a good way to end up with nothing. Clients are actually pretty bad about paying their bills. Sometimes they don't have the money. Sometimes they decide it wasn't worth the cost and don't want to pay. It happens very frequently, especially with private individuals.

    And yes, there are software developers, designers, and other professionals that do custom work that require a retainer.

    After you pay, you get billed for such things as a document being delivered and submitted to the court clerk.

    First, not all attorneys or firms do this. Shop around. Some will have documents dropped off by a paralegal or secretary and bill accordingly.

    Second, for an important case or important document, sometimes you want an attorney to handle the little stuff. You want someone there who can notice if the clerk mishandles it, for example. Or you want someone who can make an on-the-spot correction if needed.

    For that matter, you're typically billed an hour or more for time spent drafting letters or other documents that are already saved on a PC as a Word template, and a relatively low-paid admin. assistant actually filled out

    Presumably that was billed at a lower rate. If not, you should shop around. Most firms bill very different rates depending on whether the work was done by a senior or junior attorney, paralegal, or secretary.

    I'm sorry about your particular case. It sounds like you picked a pretty terrible attorney. Some of what you describe sounds like you should have contacted the state bar about or otherwise disputed. You certainly should have made sure you understood the billing structure better and shopped around for alternatives before choosing an attorney. An attorney is supposed to explain his or her fee structure clearly, and if your attorney did not, then that's certainly something to complain about.