Plaintiffs Side Trial Lawyers

Transcription

1 Plaintiffs Side Trial Lawyers Part III, Day 12 1 Spencer Aronfeld, For Love or Money (2002) Many would agree: The greatest trial lawyers are not always the most profitable, and the most profitable are not always the best. Great trial lawyers often take cases that make little or no financial sense. They look for cases in which a significant wrong needs to be righted. I am in constant debate between my desires to be a great lawyer and a profitable one. I struggle, in my heart and in my head, to decide with each case. My ego and my wallet are at war, and often they both lose. Yet without an ego a strong, undying motivation to win cases no one can be a great lawyer. Part III, Day

2 Indiana Enrollment (class of 2011) 53.7% / 46.3% male to female ratio 53.8% Democrat / 22.6% Republican Age 39.8% = 22 years old or younger 41.1% = 23 to % = 26 to % = 30 or older 2/3 have no lawyers in family 12% parents 6.2% grandparents 4.5% sibling 18.9% aunt or uncle Part III, Day 12 3 West Coast/Rocky Mtns (including Hawaii & Alaska), 10.2% Indiana Enrollment (by geography) U.S. territory, foreign born, other, 2.7% Southwestern U.S., 1.6% Southeastern U.S., 9.7% Indiana, 46.2% Northeast/Mid-Atlantic, 7.5% Great Plains, 1.1% Midwest, but not Indiana, Part III, Day % 2

3 Rank Following Seven Attributes of Future Job (% who ranked 1 st or 2 nd ) 1st Choice 2nd Choice 1st or 2nd 1. Work balance 45.2% 22.3% 67.6% 2. Social Purpose 20.7% 20.2% 41.0% 3. Professional Growth 13.3% 13.3% 26.6% 4. Autonomy over my own work 9.0% 12.2% 21.3% 5. Income 5.9% 19.1% 25.0% 6. Great Organization 4.3% 10.1% 14.4% 7. Social Prestige 1.1% 1.6% 2.7% Part III, Day 12 5 Factors in Enrolling in Law School ( important or key factor in decision) Interest in work Pursuit of social justice Income of lawyers Keeping my options open Social prestige of lawyers Wanted a graduate degree; JD was the best option Want to run for elected office Pressure from family Lack of other options 96.2% 71.8% 60.5% 41.7% 33.6% 30.0% 12.0% 10.2% 3.8% Part III, Day

4 Heinz Laumann Two Hemisphere Theory Continuum of (a) overlapping practice areas, and (b) relative prestige and remuneration of work Personal Litigation Office Practice for Persons Corporate Litigation Office Practice for Corps Does professional autonomy and independence move this way? Part III, Day 12 7 Who is Right Redishor Lubet? The overwhelming force behind the actions of private plaintiffs attorney is now and always has been greed. [T]hereis a strong likelihood that in making strategic decisions during the course of the litigation, these private attorneys will continue to be motivated solely by their own personal interest. Redish, Smoking Gun for Private Lawyers in Tobacco Suit (Chi. Trib. 1997) The much maligned litigation system works pretty well. Individual lawyers actually do seek out and expose dangerous conditions. Without the work of trial lawyers, there is no telling how much longer Firestone tires would have remained on the road, causing further rollovers and death. Lubet, After the Firestone Debacle, Ya Gotta Love Lawyers (Chi. Trib. 2000). Part III, Day

5 I think we need tort reform to curb the number of frivolous lawsuits Class Survey 2004 & % 5% Agree 22% 20% 43% Somewhat Agree Neutral Disagree Strongly Disagree Part III, Day 12 9 I think we need tort reform to curb the number of frivolous lawsuits Class Survey % 9% Agree 23% 31% 32% Somewhat Agree Neutral Disagree Strongly Disagree Part III, Day

6 Where did High End Plaintiffs Lawyers go to Law School? Inner Circle Trial Lawyers Sample of Am Law 200 Firms 68% 32% 36% 64% Top 25 Law School Non-Elite Law School Part III, Day Parikh & Garth, Philip Corboy and the Construction of the Plaintiffs Personal Injury Bar (2005) The referral system ensures that the higher value cases will, as a general rule, work their way up through the hierarchy of the plaintiffs' bar, thereby reinforcing the stratification in the profession and the dominance of the prevailing elite. As Parikh [2001] found in her examination of the lawyer referral system, personal injury lawyers work hard to develop and maintain these referral relationships, and having a referral based business is a sign of prestige in the personal injury bar. Corboy reflected that "I think there is a feeling of accomplishment when another lawyer recognizes your specialty... I like getting business from lawyers who think I'm competent." P Part III, Day

7 Parikh & Garth, Philip Corboy and the Construction of the Plaintiffs Personal Injury Bar (2005) In Corboy's terms, "I contribute money and I raise money for whoever the candidate is. I consider it my responsibility. If I'm concerned about how government is run, I believe it's my responsibility to become involved in the government. That's my way of doing it." With this widespread practice, plaintiffs' lawyers are now among the nation's largest group of contributors to the Democratic Party. Indeed, between 1994 and 1999, Chicago's elite plaintiffs' lawyers contributed an average of $21,000 each per year to state based political campaigns and political action committees (Parikh 2001). P. 376 Part III, Day Parikh & Garth, Philip Corboy and the Construction of the Plaintiffs Personal Injury Bar (2005) By the 1970s, Corboy already began growing the next generation of plaintiffs' lawyers in Chicago. Dubbed by some as the "Philip Corboy University College of Law," Corboy's firm became the training ground for many of today's most successful Chicago plaintiffs' lawyers. As we see in Corboy's hiring and mentoring of Tom Demetrio, Bob Clifford, and others like him at the top of the plaintiffs' bar, the senior partners reproduce themselves in their hiring practices, often hiring working class young men like themselves who attended a local law school. This preference for hiring lawyers "like themselves" and hiring them from local law schools creates barriers to entry for young lawyers who do not fit these characteristics. P Part III, Day

8 Martin & Daniels, The Making of a Plaintiffs Lawyer (2006) Table 6. J.D. Degrees (N=261) Law School U.S. News ranking State Bar Plaintiffs Bar Difference + / - Baylor Tier 2 7% 10.0% +3.0% Houston Tier % SMU Tier % South Texas Tier % St. Mary s Tier % Texas Tier % Texas Southern Tier % Texas Tech Tier % Texas Wesleyan Tier % Out of state % Part III, Day Martin & Daniels, The Making of a Plaintiffs Lawyer (2006) Table 9. Distribution of Plaintiffs Lawyers by 2004 Income (N=298) Income Under $50,000 $50,000-$74,999 $75,000-$99,999 $100,000-$124,999 $125,000-$149,999 $150,000-$199,999 $200,000-$249,999 $250,000-$299,999 $300,000-$399,999 $400,000-$499,999 $500,000-$749,999 $750,000+ Percent 9.1% BB1 BB2 HH1 HH2 Large distribution of income within sample ~ ¼ making less than $100K per year ~ ¼ making more than $300K per year Part III, Day

9 Martin & Daniels, The Making of a Plaintiffs Lawyer (2006) Table 10. Characteristics of PlaintiffsÕ Lawyers Grouped by Case Value BB1 (N=55) BB2 (N=76) HH1 (N=76) HH2 (N=75) Average case value $6476* $6500** $20908* $20000** $98862* $100000** $886923* $500000** % Sole practitioner 52.7% 47.9% 36.8% 17.3% % 2 to 5 lawyers % plaintiffs work 73.5%* 80.0%** 78.4%* 90.0%** 86.6%* 95.0%** 89.4%* 95.0%** Number of open contingency fee cases 116.9* 50.0** 41.2* 24.5** 61.0* 15.0** 18.7* 9.0** Number of calls/month 56.6* 15.0** 17.9* 12.0** 25.8* 13.0** 17.0* 10.0** Percent of calls signed % of cases signed to a K 30.8%* 25.0%** 32.1%* 25.0%** 19.1%* 10.0%** 8.8%* 5.0%** * Mean, ** Median Part III, Day Martin & Daniels, The Making of a Plaintiffs Lawyer (2006) Table 10. Characteristics of PlaintiffsÕ Lawyers Grouped by Case Value (cont d) % of cases from: (top 2 by percent) % handling no auto % of caseload med mal % of caseload (top 3) % certified in personal injury trial law BB1 (N=55) former clients: 38.8%* YP: 16.7%* 3.6% 1.4%* auto: 60.3%* family: 7.5%* criminal: 6.5%* 21.8% BB2 (N=76) former clients: 36.6%* non-p.i. lawyers: 22.0%* 7.5%* auto: 45.8%* med mal: 7.5%* commercial: 7.4%* 38.4% 17.1% 9.0%* auto: 28.5%* med mal:9.0%* products: 13.1%* 40.8% 52.0% 23.9% med mal: 23.9%* products: 15.3%* auto: 11.4%* Net income from practice of $112,500** $112,500** 275,000** $275,000** law Part III, Day 12 * Mean, ** Median % HH1 (N=76) other p.i. lawyers: 23.3%* non-p.i. lawyers 22.3%* HH2 (N=75) other p.i. lawyers: 27.8%* non-p.i. lawyers: 22.9%*

10 Martin & Daniels, The Making of a Plaintiffs Lawyer (2006) Table 11. Considerations in Decision to Become a Plaintiffs Lawyer Importance Considerations Very 1 2 Somewhat 3 4 Not at All 5 Mean (Ns) Desire to serve individual clients 52.2% 31.5% 11.2% 2.9% 2.2% 1.71 (276) Interest in litigation (275) Desire for independence in undertaking legal work (274) Desire to serve the public interest (274) Expectation of financial reward (276) Career opportunities available at the time (270) Part III, Day Part III, Day

11 Bench Trials, Indiana State Court Part III, Day Jury Trials, Indiana State Court Part III, Day

12 Part III, Day Query If, as an empirical matter, government agencies prove themselves to be ineffective at protecting the public from the harms they are charged with regulating, should we permit plaintiff side law firms to redress these harms through class action litigation? Part III, Day

13 What s the Story with Trans Fat? Although trans fats are found in small amounts naturally (primarily in some animal based foods), almost all of what we get in our daily diets are manufactured. They're created when food makers add hydrogen to vegetable oil, a process called hydrogenation, which turns liquid oils into stable, long lasting solids, such as shortening and many stick margarines. If you see "partially hydrogenated vegetable oil" on an ingredient list, you know the food contains trans fats. The food industry loves these fats: They're a cheap, effective way to make crackers crunchy, french fries crispy, cookie fillings creamy and frozen foods more flavorful. They also extend these products' shelf life. Shape magazine, Sept. 1, 2004, at 200. Part III, Day What s the Story with Trans Fat? Trans fat is one of the most dangerous players in the human diet for Cardiovascular disease risk Trans fat is a danger because it packs a one two punch on a person s lipoprotein profile. Consumption of trans fat leads to both an increase in [bad LDL] cholesterol and a decrease in [good HDL] cholesterol. No other dietary factor has both of these adverse effects. But this double whammy means that trans fat is much worse than saturated fat, which increases LDL levels but also increases HDL. Trans fat poses other dangers as well. It interferes with normal metabolism of essential fatty acids, leading to disruptions in the production of various hormones and clotting factors. There is also evidence that dietary trans fat can trigger insulin resistance and type 2 diabetes. Family Practice News, Sept. 15, 2003, at 13. Part III, Day

14 What s the Story with Trans Fat? According to a recent study comprised of a group of 80,000 women: Every 5% increase in saturated fats increases the risk of heart disease by 17% Every 2.5% increase in trans fats increases the risk of heart disease by 93% The New Yorker, Mar. 5, 2001, at 52 Part III, Day What s the Story with Trans Fat? Trans fat has become public enemy No. 1 at the grocery store. Numerous studies have linked the fat to heart disease, diabetes and Alzheimer s, and recent legislation in Canada and the U.S. requires large manufacturers to list trans fat content on special nutrition labels by January The substance isn t banned, but failing to remove the fat could prove fatal to a firm s bottom line. Indeed, those unable to make the shift could be in a lot of trouble. McDonald's Corp. has struggled since September 2002 to remove trans fat from its french fry recipe missing its own deadline set for early last year. The main problem? Flavour. "It's a big job," says Ron Christianson, spokesperson for McDonald's Restaurants of Canada Ltd. "Our french fries are famous and we don't want to change their taste in any way." Maclean s, Mar. 29, 2004, at 24. Part III, Day

15 Stephen Joseph, filed Oreo lawsuit against craft Part III, Day What s the Story with Trans Fat? [S]ome 30 years ago, as a graduate, [Mary] Enig [PhD] stumbled upon research suggesting that the official line being touted by the government and the corporate food world was probably a long way from the truth. Here s the paper I wrote that made me realize just how much hot water I could get myself into on this issue, says Enig. She pulls out a folder now wilting with age and waves a 1978 article published in the Journal of the Federation American Societies for Experimental Biology. In it, she argued that a major government report correlating cancer with saturated fats was, in fact, wrong. The data cited in the report showed a much stronger link between cancer and trans fats. Not too long after that, these two guys from the Institute of Shortening and Edible Oils the trans fat lobby, basically visited me and, boy, were they angry, [Enig] recalls. They said they d been keeping a careful watch to prevent articles like mine from coming out in the literature and didn t know how this horse had gotten out of the barn. Gourmet magazine, June 2004, p Part III, Day