Sometimes Even Law Professors Are Ignorant of the Law

In a post about tort reform that Professor Bainbridge calls a "must read," Professor Ribstein of Ideoblog undermines his lengthy argument by a failure to understand the basics of what he's writing about. In a passage about state courts, he writes--

I think it's fairly clear that the tort system has gotten out of hand, and that tort litigation now does more harm than good. That's particularly true of state tort actions, like those in Madison County, Illinois, which are decided under local rules that favor in-state plaintiffs' lawyers over out-of-state companies, consumers and shareholders.

Here's my problem with this passage: as Professor Ribstein should know, since he teaches law in Illinois, tort actions in Madison County--whether class actions or not--are not decided under "local rules," as he claims, but under statutes, rules and precedent established by the Illinois legislature and the Illinois Supreme Court that are applicable to lawyers throughout the state. It's incorrect to imply that lawyers like me who practice in Madison County are some sort of independent loose cannons who are allowed to apply our own private set of rules.

If Professor Ribstein wants to complain about Madison County, he's free to do it. But he should at least get his facts straight, especially if he's hoping to write any more "must read" posts.

UPDATE 9:30 CST. Professor Ribstein responds here, and says when he wrote “local rules,” I should have understood him to mean “state” rules. He hasn’t convinced me that his reference to Madison County wasn’t meant to be a slur. As any lawyer knows, local rules are distinctly different than state rules. If Professor Ribstein weren’t in the legal profession, I wouldn’t expect him to write with exact precision about the law. But lawyers and law professors can fairly be expected to say what they mean, especially when they’re slinging mud at “in-state plaintiffs’ lawyers.”

UPDATE II 7/14/04 Further discussion is on Professor Ribstein's weblog, where he kindly expanded upon his thoughts in this post to which I added a comment.

Comments

[Abnu]

Evan, I'm with the professor on this one. I think it's fair to say that you misunderstood him when he wrote, "which are decided under local rules that favor in-state plaintiffs' lawyers over out-of-state companies, consumers and shareholders." In this context, where "in-state" and "out-of-state" are used in the sentence, it would have been superfluous to write "state" laws, as well. It makes for a more readable sentence to use the word "local" in this instance, which should be understood by a law professor's knowledgeable readership to mean "state" laws. I would think that the professor chooses his words carefully. That said, I wonder if the repeated misspelling of your name in his retort was deliberate. ;) Regards, Abnu

[Evan]

Abnu: I'm sure the misspelling was accidental. Thanks for the comment.

[David Giacalone]

I wonder what Prof. R. is doing with all those extra f's. Perhaps, creating string-cite footnotes. Sure hope he answers the question I left at his site, and spells my name correctly, and starts picking his words a little more carefully.

[David Giacalone]

I'm starting to think that law professors and tort lawyers (both sides) have very thin skins -- along with thick skulls, myopia, and very selective hearing. Anybody know a good doctor? How about on of those psychologists who use cross-examination on their patients?

Makes me glad to be an ex-pundit gadfly.

[Evan]

David: Guilty as charged, I suppose.

[David Giacalone]

You left a very instructive, helpful Comment at Ribstein's weblog, and I hope a lot of people read it. See http://busmovie.typepad.com/ideoblog/2004/07/the_madison_cou.html

[Ted]

There are local rules that apply just to individual courtrooms in Madison County--most defense lawyers aren't subject to trial calendaring where dozens of trials against the same defendant brought by the same attorney are scheduled for the same day and the plaintiff gets to pick at the last minute which one will go forward.

Too, there are readings of basic issues such as proof of causation or class certification standards that are unique to Madison County separate and independent from the rest of Illinois. And there are certainly lawyers in Madison County who operate under their own private set of rules. So Professor Ribstein has nothing to shy away from in his original claim.

[Evan]

Ted: As always, thanks for your comment. However, Professor Ribstein did move away from his original claim, with good reason. As for your depiction of Madison County, it's so over-the-top it makes me chuckle. I don't know if you've ever been here, but if you've got any plans to be in town, I'd be happy to show you around. Just be sure to leave your six-shooter at home. You won't need it, despite what you might think, and other people's guns always make me a little nervous.