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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)

Citation
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Parent Document
Avalonbay Communities, Inc. v. Hamilton, 26 Mass. L. Rptr. 436 (2010)
Jurisdiction
Massachusetts (state)
Effective Date
2010-02-05

Other Sections in This Document (60)

Full Text

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All of these statutes were well-intended, and indeed, noble efforts to level the legal playing field for those of modest means and station in life. But regrettably, some litigants have twisted them into something never intended: setting up a lottery game in which the interests of the attorney in obtaining a windfall for needlessly-generated attorneys fees have become the driving litigational force, rendering the clients’ interests secondary. This is wrong. While fee-shifting statutes are obviously the creation of the legislature, the responsibility for their policing falls upon the courts.