Litigation

Structured Settlement Transparency Intiative Reflects Brandeis' Adage

By John Darer

With only a few weeks to go before the structured settlement transparency initiative moves to the next stage it is worthwhile to harken back to the statement of late Associate Supreme Court Justice Louis D. Brandeis who said "sunlight is the best of disinfectants".

In the absence of any dissenting comments from those who wish excessive secrecy it appears that someone in the factoring industry speaks for the structured settlement industry, or at least that portion of the structured settlement industry that are clients of factoring heavvweight Rhonda Bentzen.

In March 2007, the Society of Settlement Planners held its annual meeting in Washington DC. Ms. Bentzen is actively involved in the Society of Settlement Planners (as are a number of settlement planners) and organizing its meetings. At that SSP meeting appeared Arthur H. Bryant, the Executive Director of Public Justice (formerly Trial Lawyers for Public Justice). I am grateful that I was able to obtain a copy of the material presumably contained in each and every binder of those attending the meeting which included Bryant's Power Unchecked: Access to Justice At Risk" (Product Safety & Liability Reporter Vo. 33, No.25 June 27 2005)

At page 640 (2nd page of the SSP handout to Bryant's presentation), Bryant states " excessive secrecy is the key weapon to the attack on access to justice. The reason is simple, Those abusing power know that, as Justice Brandeis said, sunlight is the best of disinfectants. If people do not know about in-justice, they may not care whether the courts can be used to correct it. If people don't know what's taking place in the courts, they can't tell whether justice is being done. And if people can't learn that others rights were violated, they may not know their rights were violated too"

It seems appropriate to expose the hypocrisy in Bentzen's and certain others' actions and writings. If the SSP invited Arthur H. Bryant to address its members about "excessive secrecy" (among other things) then what objection do those SSP members who have not already subscribed to the structured settlement transparency intiative (or declared their practices) have to the sunlight being shone on the problem?

Bentzen suggests that "associations deal with issues and grievances internally, following specified protocols", yet offers no solution when such protocols neither exist nor are enforced.

Full post as published by Structured Settlements 4Real on January 24, 2009 (boomark / email).