Seems like "legal insurance" creates a significant moral hazard, though this probably doesn't defend you in most cases of wrongdoing (based on their list of scenarios in their "about us" section).
The remedy for frivolous law suits the typical motions to dismiss, fee shifting and eventually sanctions. Defamation, wrongful prosecution and abuse of process are additional options.
Speaking frankly, the "legal insurance" offered in the original link isn't going to effectively handle the abusive litigation scenario.
Plus, it seems to (and must) only apply defensive actions, or else how do they price the "insurance"... I'm not even sure they'd assist you in proactively stopping a vexatious litigant.
Seems like "legal insurance" creates a significant moral hazard, though this probably doesn't defend you in most cases of wrongdoing (based on their list of scenarios in their "about us" section).
The remedy for frivolous law suits the typical motions to dismiss, fee shifting and eventually sanctions. Defamation, wrongful prosecution and abuse of process are additional options.
Speaking frankly, the "legal insurance" offered in the original link isn't going to effectively handle the abusive litigation scenario.
Plus, it seems to (and must) only apply defensive actions, or else how do they price the "insurance"... I'm not even sure they'd assist you in proactively stopping a vexatious litigant.
Can you imagine the nightmare that "legal insurance" would create in a plaintiff personal injury situation where the insurance covers the contingent fee?
Yikes.
I am a lawyer. I was contacted by a prepaid legal company. They have lawyers agree to give free 15-30 min consults to be on their list. You agree to charge a particular fee for your services. If the people decide they need a lawyer after a free consult, you sign them up. No, I will not participate in that. "Prepaid legal" is a misnomer. It sounds like an employee benefit. It costs the provider nothing. It is a lawyer-referral service for lawyers who aren't busy. I do free consults for personal injury and criminal defense cases anyway, as most attorneys do, and I'm damned good--it can happen when you are fighting bad guys in court for 30 years. If I can help the client, I tell them exactly what I will charge (not hourly, but a flat fee) and they either hire me or they don't. They usually do hire me. Legalzoom is a viable resource if you need a specific form, like a simple will or articles of incorporation. It is not a resource for legal advice.
"I'm not allowed to argue with you until you've paid."
Originally Posted by Warhorse
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