- UK: “Premiums to soar as accident claims lawyers push up cost of motor insurance, MPs hear” [Telegraph]
- John Stossel on death by FDA [Reason] Disapproving stance on e-cigarettes might cost lives [Balko] Company abandons pioneering stem-cell research after running up $45 million in costs to win FDA approval of initial safety tests [Technology Review] NYT can be obtuse about regulatory costs [Cowen]
- No, we’re not allowed to let you out of the van to relieve the call of nature [Ted at PoL]
- “Economic Damages Are Affirmed Though Plaintiff’s Earnings Rose After Accident” [NJLJ]
- A shame about the business climate in Hawaii [Inverse Condemnation]
- “Massachusetts Lawyer Loses License for a Year for Charging $93.8K Contingent Fee, Absent a Contingency” [Martha Neil, ABA Journal]
- Movement “rapidly gaining steam” in U.S. to prohibit anonymous sperm donation [Glenn Cohen, Prawfs]
Tagged as:
assisted reproduction,
contingent fee,
damages,
FDA,
Hawaii,
United Kingdom
Although not conducted through the legal system, some battles in China over alleged injury from medical malpractice make for an interesting compare-and-contrast exercise, right down to the role of contingent fees:
Medical personnel advocates complain that the more violent incidents are staged by hired thugs, paid by families of the deceased in hopes of winning compensation from the hospitals. … The Chinese have even coined a word for the paid protesters: yinao, meaning “medical disturbance.”
“It has become a very sophisticated system for chasing profits. Whenever somebody dies in a hospital, the yinao will get in touch with the family and offer their services in exchange for 30% to 40%,” said Liu Di, who is setting up a social network for medical professionals.
[L.A. Times]
Tagged as:
China,
contingent fee,
medical malpractice
Kathryn Johnson, 92, “was shot and killed by police during a botched drug raid in 2006,” resulting in a payout of millions of dollars by the city. Now Rev. Markel Hutchins, who made public appearances as spokesperson for Johnston’s family, is suing her estate, saying he had an understanding to receive 10 percent of any recovery. [Atlanta Journal-Constitution, WABE] (& note commented controversy over whether “botched raid” is accurate.)
Tagged as:
Atlanta,
contingent fee,
police
In the new issue of the Federalist Society’s Engage, Margaret Little reviews Lester Brickman’s Lawyer Barons: What Their Contingency Fees Really Cost America, one of the most important new books on tort law in years (review, PDF). Excerpt:
No scholar has studied the role of the contingency fee in America more comprehensively than Professor Lester Brickman. He has now published a definitive book that examines the historic, economic, and political legacy of this American means of financing the always elusive quest for justice. …
Litigation, while public in name, takes place out of the public eye. … the defense bar is up to its elbows in preserving these arrangements because of the mirror image benefits they derive from the expansion and complexity of tort liability.
Tagged as:
contingent fee,
Lester Brickman
England has been experimenting in recent years with versions of contingent and conditional fees previously barred by ethical rules; following widespread discontent about the results, including high insurance rates, the Cameron government plans a new wave of tinkering. [BBC]
Tagged as:
contingent fee,
United Kingdom
- When naming a new law, please, no acronyms, no victim names, and no assumptions about what it will accomplish [WSJ Law Blog on Brian Christopher Jones's recommendations] More: Wood.
- America’s Most Irresponsible Public Figure® — that would be RFK Jr. — sounds off on Tucson massacre [Hemingway, Examiner]
- More press attention for CPSC’s dubious consumer complaint database [Washington Post; my take last month]
- An appellate win for Internet anonymity in Pennsylvania [Levy, CL&P]
- Santa Clara lead paint case: Supreme Court won’t review government misuse of contingency lawyers [Wood, ShopFloor]
- DC cops’ “post and forfeit” policy deserves scrutiny [Greenfield]
- “Philosophy Explains How Legal Ethics Turn Lawyers Into Liars” [Kennerly]
- “Marshall, Texas: Patent Central” [six years ago on Overlawyered]
Tagged as:
contingent fee,
CPSC,
online speech,
Robert F. Kennedy Jr.,
Washington D.C.
That’s the way to help ‘em out!
While such an approach is sometimes used in commercial litigation, this is a first for consumer cases, said Lester Brickman, a professor at Cardozo Law School in New York.
“For a lawyer to supplement or replace the banks as a long-term mortgage creditor of homeowners leaves me a little queasy,” said Mr. Brickman, an expert on contingency fees. “It’s an invitation for the public to say, ‘There go the lawyers again.’ ”
OK, we’ll say it: There go the lawyers again. [New York Times via Ribstein/TotM and Knake/LEF]
Tagged as:
attorneys' fees,
contingent fee,
mortgages
- “Father demands $7.5 million because school officials read daughter’s text message” [KDAF via CALA Houston]
- How many different defendants can injured spectator sue in Shea Stadium broken-bat case? [Melprophet]
- Prominent trial lawyer Russell Budd of Baron & Budd hosts Obama at Texas fundraiser [PoL]
- DNA be damned: when actual nonpaternity doesn’t suffice to get out from under a child support order [Alkon, more]
- “Sean Coffey, a plaintiffs’ lawyer-turned-candidate for New York Attorney General, made more than $150,000 in state-level campaign contributions nationwide over 10 years.” [WSJ Law Blog] “Days before announcing a shareholder lawsuit against Bank of America, state Comptroller Thomas DiNapoli accepted $14,000 in campaign donations from a law firm hired to help litigate the case.” [WSJ]
- Big new RAND Corp. study on asbestos bankruptcy trusts may spur reform [Lloyd Dixon, Geoffrey McGovern & Amy Coombe, PDF, via Hartley, more, Daniel Fisher/Forbes, background here and here] Update: Stier.
- Public contingency suits? Of course the elected officials are in control (wink, wink) [The Recorder via Cal Civil Justice]
- Copyright enforcement mill appears to have copied its competitor’s website [TechDirt via Eric Goldman]
Tagged as:
asbestos,
bankruptcy,
Barack Obama,
baseball,
baseball bats,
child support,
contingent fee,
copyright,
Fred Baron,
New York,
politics,
privacy,
schools,
shotgun defendant selection
Ted at Point of Law has a post mortem on a decision that’s pretty bad, but not as bad as it might have been. More: Legal Ethics Forum, John Sullivan/Civil Justice Association of California, Wood/ShopFloor. Thanks, by the way, to CJAC for citing my writing in their amicus brief (PDF, see p. 10).
Tagged as:
attorneys general,
California,
contingent fee,
lead paint,
public nuisance
- Charged $21K at purported “gentleman’s” club: “Plaintiff Has No Recollection of What Transpired in the Private Room” [Lowering the Bar]
- Census Bureau sued for discriminating against applicants based on criminal, arrest records [Clegg, NRO] Class action against Accenture for screening job applicants based on criminal records [Jon Hyman]
- Virtual indeed: “Virtual Freedom” author wants government to regulate Google’s search engine [ConcurOp]
- Contingency fees for public sector lawyering could take California down dangerous path [CJAC]
- “Harvard Law vs. free inquiry: Dean Martha Minow flunks the test” [Peter Berkowitz, Weekly Standard]
- There’ll always be an AAJ: seminar for trial lawyers on “Injuries Without Evidence” [ShopFloor] More: The Briefcase.
- Congress may expand law to enable more age-bias suits [BLT]
- “FTC Closes First Blogger Endorsement Investigation” [Balasubramani, Spam Notes; Citizen Media Law]
Tagged as:
AAJ,
age discrimination,
California,
contingent fee,
criminal records and hiring,
FTC endorsement rules,
Google,
Harvard,
search engines,
strippers and exotic dancers
Some in Britain are not happy about the combination of no-fee, no win lawyering (relatively recently legalized over there) and a taxpayer compensation scheme for medical negligence. [Times Online]. More: GruntDoc headlines his post, “In case you thought Nationalized Health would take the lawyers out of it…”.
Tagged as:
contingent fee,
medical,
United Kingdom
A week ago we quoted reader Phil Grossman’s comment on this subject, provoking a discussion among readers. Now Grossman writes in with a followup:
Here’s the story on bar associations forbidding “discounting of contingency fees for clients coming to lawyers directly so that those lawyers do not have to pay referral fees”.
I had told you that I had seen reports out on the Internet saying that. But it now appears that what those reports were reporting on was that bar associations do not allow lawyers to raise their contingency fees to make up for paying referral fees in those cases where they are paying referral fees. And that really amounts to the same thing as not allowing lawyers to discount fees in cases where they are not paying referral fees. Because if they were allowed to give discounts to clients where they didn’t have to pay referral fees, they would be charging clients who come to them with a referral fee to be paid, more than clients who come to them without referral fees to be paid.
[click to continue…]
Tagged as:
attorneys' fees,
contingent fee
- Harvard’s Charles Nesson argues that Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 violates Constitution by letting civil lawyers for RIAA enforce a criminal law [AP/MSNBC, Elefant]
- In some circles, bitter disappointment at reports that Obama camp probably won’t pursue Bush predecessors as war criminals [Paul Campos, Horton/Harper's; earlier]
- Latest on wrangle over “exorbitant” fee: Alice Lawrence’s deposition-skipping before her death could endanger her estate’s claim against Graubard Miller law firm [NYLJ, earlier]
- One benefit of role as law school mega-donor, as Mark Lanier is with Texas Tech, is that you get to rub (hunting-jacket) elbows with visiting Supreme Court justices [WSJ law blog]
- Lou Dobbs and Phyllis Schlafly were among those who pushed bizarre theory of secret conspiracy to merge U.S. into “North American Union” with Canada and Mexico [John Hawkins]
- Senate Dems plan to abolish secret ballot for installing unions in everyone else’s workplace, so how come they insist on one for themselves in deciding how to handle Joe Lieberman? [Dan Riehl via McArdle]
- Congrats to historian Rick Brookhiser and City Journal editor Myron Magnet, among recipients of 2008 National Humanities Medal [White House release, Brian Anderson, NRO]
- Jarek Molski, California entrepreneur of disabled-access complaints, loses bid for Supreme Court review of his designation as vexatious litigant [AP, Bashman]
Tagged as:
Canada,
card check,
contingent fee,
Harry Reid,
international human rights,
Jarek Molski,
law schools,
Mark Lanier,
Mexico,
RIAA and file sharing
