could provide an alternative source of attorneys, but these programs alabama crimson tide and snoopy crocs have been significantly curtailed in recent years . Problems of proof have also been cited as a disincentive for attorneys considering whether to
alabama crimson tide and snoopy crocs
Among the civil penalties for financial abuse are traditional tort remedies for conversion and fraud . For the reasons discussed above, attorneys have been generally reluctant to pursue such alabama crimson tide and snoopy crocs civil remedies on behalf of elderly clients who have been the victims of financial abuse. One advantage, however, of these remedies is that punitive damages may be available against the perpetrator. For example, in 1998 the Alabama Supreme Court approved an award of punitive damages to a couple who were defrauded by an insurance agent into cashing in their paid-up policy and buying other coverage . At the same time, curbs on punitive damages have been instituted in a number of states, and many judges are reluctant to allow them to be awarded.
Another barrier to the pursuit of a civil remedy is the frequent unwillingness of attorneys to handle these cases (Moskowitz, 1998a, 1998b; Nerenberg, 2000c). Factors attributed to this shortage are the lack of incentives for attorneys to take such cases, which can be financially risky for the attorneys who must typically invest considerable time in the case and risk not getting paid if the victim dies before the case is resolved (Moskowitz, 1998b; Nerenberg, 2000c). Also, attorneys’ fees may be difficult to collect as the perpetrator may be judgment proof and judges may be unable or reluctant to award such fees . If attorneys’ fees are not available from the perpetrator, the misappropriated property may represent the elder person’s life savings but still represent a relatively small sum in comparison to the attorneys’ fees and the costs of litigation . Publicly funded legal assistance programs