When defendants resist

by Walter Olson on March 24, 2010

A company takes the counteroffensive, verbally at least, against a class action suit [Karlsgodt] Unfortunately, the blog post is now down, apparently on advice of counsel.

{ 1 comment }

1 Anonymous Attorney 03.24.10 at 3:31 pm

Too bad. Defendants should be doing more of this. But the defense bar is very pencil-necked, and I can imagine them telling their client to take down the post. And clients are too cautious, too. The truth is that there are huge opportunities for going on the PR offensive — and I mean huge — that would pay big dividends in terms of educating the public about the absurdity of many suits. Lord knows the plaintiffs’ bar has the media in their pockets, Hollywood and and tons of sympathy. Think about if McDonald’s went on the offensive over Stella Liebeck — the public would think it was hilarious. A good ad firm would be up to the job.

I don’t expect this situation to change because the creative, ballsy types who do plaintiff’s work just don’t populate the law firms that do defense. In fact, they’d die slowly on the vine in such an environment. Beyond that, there are probably zero defense attorneys out there who truly ‘believe’ in their clients (or at least are angered enough by the fact of frivolous litigation) enough to work up some fight. They’re semi-smart guys who landed at respectable firms and aren’t looking to go gonzo — just bill a lot and make hours.

Meanwhile, plaintiff’s counsel may be slimy and underhanded, but he can work himself into a righteous lather about the case, and the money.

But like I say, nobody’s going to shake things up.

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