It made sense to me
Proving that the law 1) doesn’t have a sense of humor and 2) isn’t always about fairness, a judge who made what I thought was a pretty brilliant ruling was censured yesterday. Los Angeles County Judge Brett Klein ruled that the plaintiffs’ lawyer in a class action case, a man who stood to make $125,000 while the members of the class each received a $10 gift card good only at one store, should also be paid in $10 gift cards. That would have given him 12,500 gift cards for women’s clothing store Windsor Fashions, who also happened to be the defendants in this case. The judge thought that if it was legal and fair for the plaintiffs to have to use gift cards to the defendants’ store in order to receive anything, the same rule should apply to their lawyer. I can see where he was going with this, but apparently the state of California disagreed, and Judge Klein, who’d retired before this decision was made, was found to have shown “a failure to be patient, dignified, and courteous to those appearing before him.”
Bollocks. I think his original ruling was a good one, and that the courts should think about it: if it’s not fair for an attorney to be paid in a way that makes him spend gift cards in order to reap a benefit, then plaintiffs in similar class action cases should not be paid in this way, either. It seems wrong to rule that a company has done something wrong, and then reward it with money received from the plaintiffs’ gift cards. How are you going to teach companies that bad behavior will not be tolerated, when it actually ends up being rewarded?
Tags: Facepalm, Judge Brett Klein, Law, Los Angeles
Boo!, Government/Law | Nicole | 
February 3, 2010 2:52 pm | 
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