Have you something in mind then Minimus? Or is this just another hypothetical question?
Enquiring minds and all that.
Scoob
Is It Possible To Sucessfully SUE The Society Or Elders???
by minimus 26 Replies latest jw friends
-
-
Euphemism
I thought that lawyers in lawsuits could only charge fees for cases they won...
That's only if the case was on what's called a 'contingency basis', in which case the lawyer's fee is generally a specific percentage (generally one-third, I think) of the judgment.
There are two problems with that, however.
1. Lawyers aren't stupid. They aren't going to take a case on contingency unless they think the odds of winning--and getting a large judgment--are very good. That's why contingency-basis representation is most common on personal injury suits.
2. Lawyers who are working on a contingency basis are likely to press their clients to accept out-of-court settlements, to make sure that they get paid. So there's a good chance that the case may never make it to court; and it's very possible that the settlement may include a gag order, forbidding the plaintiff and the attorney from talking about it.
-
jgnat
I think the WTS and elders have been successfully sued. Not that we would hear about it. Vickie went to trial. She won on paper. She accomplished a great moral victory for us. But the WTS made sure it was not worth her while, financially.
To successfully sue the WTS, you have to take their generous pre-settlement offer, and agree not to talk about it.
Because that is what they desire more than anything. No Bad Publicity.
I think elders should carry malpractice insurance, just in case.
-
Amazing
Yes, it can and does work ... however, usually the threat is enough to end any harassment, so it would be rare to reach trial. - Jim W.
-
minimus
Jgnat, why should elders worry about malpractice insurance if no elder has ever been sucessfully sued?
-
Elsewhere
I thought that lawyers in lawsuits could only charge fees for cases they won...
CZAR
-
jgnat
WE DON'T KNOW if any elder has been successfully sued, Minimus. If a lawsuit was quietly settled out of court, we would not hear about it, would we? The language coming out of the WTS lays liability firmly in the laps of the local elders.
-
Sassy
I think usually contingencies cases are with injury cases, like a car accident or injury in a public place or on the job. I didn't think they did that with this type of case. I do believe it costs you.
Sad that they have so much power to fight the little guy till he is beaten down and broke..
and what I would like to know, is where they get that money??? is that from the contributions of the world wide work?? or what??
I sure never paid money specifically to help them pay for court costs.
-
minimus
Jgnat, a number of years ago, I remember sitting at an elders meeting with the District Overseer and listening to him laughingly tell us that the elders would now assume responsibility for anything happening in the congregation, not the Society. It was obvious what the Society was doing at the time. But still I hear of the Society always getting involved in suits when the elders have to appear in court. I've never heard of an elder being successfully sued.
-
Room 215
There are several elements at work here. I have no idea how successful anyone's been in suing the WTBTS or how many cases have been quietly settled out of court. I do know, however, that when I was an elder, we were ordered to ``back off" any pending judicial action whenever an accused person threatens to involve lawyers, and to advise the Society. So, whatever their record of success or otherwise, being sued or getting involved in the legal system is something they're clearly wary of.
The Society may well have the money and resources to wear down a litigant with limited funds, but that may not be the case for congregational elders. Experience shows that if they blunder procedurally and set themselves up for a possible loss in the courts, the Society will disclaim any responsibility for their actions and leave them ``swinging and twisting in the wind."