I was thinking, Being that the LAWSUITS are going to start piling up this year ; lawyers get aretainer(or their retainer fees more than likely will be significantly MORE than they usully charge) I figure that the concept of WORK will seriously start to be affected(ex. the snow storms here in toronto; chicago; new york; st.louis etc)combined with the potential failures or corruption of DATA;also the social security ; FISCAL 2000 for those major companies in FEBRUARY; I don't see a NORMAL business day within the next 4-5 months because of the y2k disruptions. I gather what I am asking is this - " Soon it would appear it is LITERALLY time to STOP working altogether - liquidate what you can; plan and prepare for y2k immeadiately? get out the city ( if possible) am I right ?

Sean p.s. [ NOT every one can get out of the STOCKMARKET at the same time so... likewise for getting out of the city preparing(buying) food stuffs for y2k at the same time, generators; etc

-- sean (venturer@interlog.com), January 05, 1999

Answers

Sean, I feel I must defend my profession.

1. Lawyers taking on y2k cases are mainly litigators, and as plaintiff's lawyers, work almost exclusively on contingency fees. This means that they are compensated by a percentage of the amount awarded at trial. If the client loses, the lawyer doesn't get paid.

2. Contingency fees are typically set, or I should say capped, by state statute.

3. In order to win any tort case, you must be able to prove damages; this means that any y2k case that is successful at this stage of the game must be able to prove a damage that has already occurred. For instance, the cases that have arisen against the bank who manufactured the credit card machines that could not read the date "00" on the cards, which was settled soon after filing. We are also finding that the cases being filed are being settled; the defendant doesn't usually have much of an argument if he/she/it is not compliant.

It's such a clear-cut picture for liability. If a company is not compliant and a worker attempts to use a machine that could wreak havoc, or drink water that is contaminated, or string wires about to experience a surge, or use a non-functioning defibrillator on a heart attack victim, that company deserves what it gets.

These problems should not even be being discussed now; the programming should have been done properly, and when we found out the problem (say, 20 years ago), it should have been fixed. There's absolutely no excuse for people being at such severe risk as what we're seeing. I disagree that people are going to adopt a hopeless attitude and just drop out of productive society based on lawsuits. They may, however, do it in response to the sheer enormity of the problem as products fail throughout this year.

All IMHO, my friend.

Jeannie

-- jhollander (hollander@ij.net), January 05, 1999.

Thanks for sharing what you see from where you stand clearly, calmly and succinctly.

-- Maria (encelia@mailexcite.com), January 05, 1999.

here is my reply to jennie emails are welcome Sean

From: hollander@ij.net To: venturer@interlog.com Subject: Response to how LONG b 4 labour ACTUALLY starts to break down ? Date: Tue, 05 Jan 1999 19:40:01 GMT

jhollander (hollander@ij.net) responded to a message you left in the TimeBomb 2000 (Y2000) bboard:

Subject: Response to how LONG b 4 labour ACTUALLY starts to break down ?

Sean, I feel I must defend my profession.

1. Lawyers taking on y2k cases are mainly litigators, and as plaintiff's lawyers, work almost exclusively on contingency fees. This means that they are compensated by a percentage of the amount awarded at trial. If the client loses, the lawyer doesn't get paid.

2. Contingency fees are typically set, or I should say capped, by state statute.

3. In order to win any tort case, you must be able to prove damages; this means that any y2k case that is successful at this stage of the game must be able to prove a damage that has already occurred. For instance, the cases that have arisen against the bank who manufactured the credit card machines that could not read the date "00" on the cards, which was settled soon after filing. We are also finding that the cases being filed are being settled; the defendant doesn't usually have much of an argument if he/she/it is not compliant.

It's such a clear-cut picture for liability. If a company is not compliant and a worker attempts to use a machine that could wreak havoc, or drink water that is contaminated, or string wires about to experience a surge, or use a non-functioning defibrillator on a heart attack victim, that company deserves what it gets.

These problems should not even be being discussed now; the programming should have been done properly, and when we found out the problem (say, 20 years ago), it should have been fixed. There's absolutely no excuse for people being at such severe risk as what we're seeing. I disagree that people are going to adopt a hopeless attitude and just drop out of productive society based on lawsuits. They may, however, do it in response to the sheer enormity of the problem as products fail throughout this year.

All IMHO, my friend.

Jeannie

-- SEAN (venturer@interlog.com), January 05, 1999.

here is the folow-up I forgot to post on my reply to jennie emails are welcome

Sean

Jeannie > >- > what is IMHO?

2) I don't think you understand what I am saying ; my statement about lawyers is just a small piece of the overall picture. What I am saying IS is this : the y2k related DISRUPTIONS are going to build up slowly like a snowball down a hill. With that in mind, the disruptions are NOT going to slow down they WILL accelerate ; HOW can a business operate to proper efficiency with disruptions in: accounting, accounts payable , accounts recievable; the inability of p.o.s.(Point of sale) cash registers shut down due to y2k( credit cards) or their inability to handle year 2000 dates due to change to fiscal 99-00( which results in negative) . Example this snowstorm that stretched from the midwest to eastern canada , has resulted in passengers travelling back to the U.S. to wait (so far) 3-DAYS !! for the runways to be cleared HERE in TORONTO and sleep in the airport. Y2K will be a combination of the previous mentined examples. AND if a company CANNOT finish manufacturing, cannot take IN money or LOSES money due to delays ( we operate on a JUST-IN-TIME- basis) this WILL have severe consequences on a company. > >I was NOT attacking your profession BUt since you have listed some points I will respond.

1) the % I KNOW WILL be more than what they regularly charge ( MARKET FORCES) - IF they lose they DON'T get paid, merely PROVES my point - especially IF a company is highly EXPOSED to litigation or are not compliant ( THERE IS NOT ONE COMPLIANT FORTUNE 1000, FORTUNE 500 OR MULTINATIONAL COMPANY OR MID TO SMALL BUSINESS !! AS OF JAN 5/99) NO lawyer in his/her right MIND is going to take a 'SMALL' contingency fee based on what I just previously said.Becvause there IS NOT COMPLIANT COMPANY ON EARTH !! YOU should KNOW this ( you do) so THE LAWYERS are GONNA make a KILLING!! ( I wish I was a Lawyer I could get into this I could launch so many y2k lawsuits it wouldn't be funny AND it wouldn't cost me a DIME !! - some are already doing this i bet)

2) could you give me a reference to that state statute on this? ALSO if a company KNOWS they are NOT compliant - Then a lawyer is taking a chance that he will win when they go to court. Therefore a LAWYER is GONNA charge more than normal or won't take the case which creates a MARKET FORCE for the next legal counsel knowing the exposure of this POTENTIAL client.

3) WELL, in the damage capacity, I'll give you a tip come february WAL-MART is 1 of a number of companies that switch to fiscal 99-00 SO.... I anticipate disruptions or errors on computers or software from their vendors and their accounting systems etc.. GIRL you are gonna hit PAYDIRT with the amount of Settlements that are gonna happen if they happen as fast as you all say - DAMN! I should have been a lawyer !

PEOPLE already ARE dropping OUT per se - look at all the stored food companies, the survial supply stores, generator sales ; guns ; gold silver coins; they businesses are RIGHT NOW facing shortages due to people preparing for Y2K and I feel once the disruptions take place and become EVERYDAY occurences and not just isolated incedences that it will not PAY to work. Because you WILL NOT be GUARANTEED that you wil even GET PAID !! - lawyers included

here's to a lucrative 1999

SIncerely,

Sean

-- sean (venturer@interlog.com), January 05, 1999.

IMHO = In My Humble Opinion

-- Answering (not@all.com), January 05, 1999.

a) Capped Tort Contingencies - Check your own state statutes. Ohio has a cap (NOT real generous, IMNTBHO and I AM NOT an atty), NY has one, my bro in NH has one.

b) NOBODY is about to hit paydirt for the above reason. FIRMS, may due to the influx in business, from more customers

c) my company may because we sell services to FIRMS, and OUR costs are a direct pass through.

Of course, for us to sell OUR service, we gotta have power, need to be able to buy gas, etc. Chuck

-- Chuck, night driver (rienzoo@en.com), January 05, 1999.