What’s wrong with the Merits? How Gamesmanship Has Taken Over the Courtroom

There is a lot of talk these days about how large corporations have essentially taken over Washington, DC.  The little guy has no “access” to the political machine.  Many are asking “what good is a right to vote when corporations are pouring millions of dollars into the campaigns of those we vote for?”

The same problem that exists in Washington, DC is often replicated across America’s courtrooms.

Except for the contingency fee lawyer who may choose to represent a person without any financial means, America’s civil courtrooms are dominated by wealthy Americans and wealthy companies.  If that were not bad enough, many lawyers simply get paid to play games in court.  Their goal is to keep cases from reaching the merits of the action, even when they’re the plaintiff.  In many instances, the courtroom is simply another business tool to exert economic leverage over a competitor.  Private arbitration has not proved to be much competition to the near-monopoly that federal and state courts have over dispute resolution.  Until true alternatives to the courtroom become available, civil justice will remain a constitutional right primarily for the rich.