Violation of the law?
During a member’s comment segment of a Bella Vista Property Owners Association meeting, Mrs. Hamilton went to the microphone and said, “I am from Chicago and I know corruption when I see it.”
What should a person do when they have all the evidence and documentation to convict an obvious violation of the law? You can’t go to the local police, city attorney, county sheriff or the county district attorney because they will all tell you corporate corruption is not in their jurisdiction. They all will tell you that your complaint has to be filed in the County Circuit Court.
So, the expected thing you should do is hire an attorney. His retainer fee, just to consider your complaint will probably be about $2,000. By the time you get to trial almost a year later, the tab will likely rise to about $40,000. Even if you win, you may not be awarded attorney fees, so you have just coughed up $40,000. Congratulations, you’re a winner.
Or, you think you are so smart you can file the case yourself. The filing fee is only $167. But, you know what they say, “He who represents himself has a fool for a lawyer.” Citizens who file complaints pro se have probably a less than 5% chance in winning even if they are absolutely right. When you lose, there is a good chance you will be hit with a court order to pay court costs and attorney fees of more than $10,000. Again, congratulations, this time you are a big-time loser.
The Arkansas Judicial Discipline Commission has ruled that charging a court order of $10,000 or more will discourage other non-attorneys from filing lawsuits is appropriate. If average citizens are shunned for wanting to blow the whistle on corporate corruption, it’s no wonder that such corruption is on the rise. The recent sentencing of several ex-legislators and even a college president for misspending of tax dollars from the GIF program comes to mind.
There is a logical reason for discouraging pro se plaintiffs to file a complaint. If just any yahoo can go into a courtroom and win, why would there be any need for law schools and attorney licenses? What would our judicial system look like if we let all of these unqualified bubbas in?
On the other hand, Arkansas law states clearly that any citizen has the right to file a civil lawsuit. I think the law is there because, without that right, our judicial system and justice would be left in the hands of the elite and wealthy.
Not all of our education is learned in the classroom. Many of our important lessons for life are learned out in the street. My many experiences in street fighting convinced me that our judicial system is pretty much out of reach of the average Joe and our courtrooms belong to the rich and powerful. Jim Parsons Bella Vista