Political Quotes

“the motion to recommit, unlike the loser pays language in H.R. 988, would take control out of the hands of the party and give it to the courts. Moreover, an award of attorneys' fees under this amendment is merely discretionary with the court and not mandatory, like the language of H.R. 988. This amendment would also make the losing party's lawyer vulnerable for attorneys' fees. This approach completely overlooks the fact that a decision to settle the case or press the case to trial is a decision of the party and not their lawyer. The lawyer cannot settle a case without the consent of his client. The ultimate decision must be the client's as to whether a settlement is made or not. If the approach in this amendment were adopted, the lawyer would have to evaluate every case with a view toward his own liability, which would easily conflict with the interests of the party he purports to represent. Mr. Speaker, this amendment, while appropriate for securities cases, should not be applied across the board. It will gut the loser pays language in H.R. 988. I urge its defeat.”