A Response from Fred Baron About a Previous Post

In the comment section of a post from earlier this week, "The Experienced Lawyer and the Law Student Debate Point of Law," I summarized some input I received from Fred Baron, who was the subject of the post. To read my comment, follow the link to the post, then look for "Editor's Update."

Comments

[David Giacalone]

Just a reminder: If you're tired of mud-slinging and Mudison County, check out Evan's excellent series on muddled writing at his other weblog.

Meanwhile, has Walter attacked Baron or Baron's ideas and facts? Big difference.

[Federalist No. 84]

David,
In Olson's "Rule of Lawyers" he suggests that Baron & Budd subpoena perjury. Or -if "perjury" is too strong a word - that Baron & Budd encourage its plaintiffs/deponents to not fully disclose materials facts relevant to the litigation. That seems like an attack to me, though Olson offers evidence in support of his contention that B&B encourages perjury/discourages full disclosure.

Also note that "greed" is a theme of Olson's work (though do note that it's okay for lawyers at O'Melveny to bill their time out at up to $750 an hour). You can't really attack greed as an ideal with you label a subclass of people with the term - re: greedy trial lawyers. If greed is a vice, then Olson is attacking all trial lawyers (including Baron).

BTW, I'm still wondering why people can criticize trial lawyers' fees given the hourly rate that attorneys at the various defense law firms charge. A friend of mine - fresh out of law school - is billed at $300 an hour. Partners at his firm regularly bill at anywhere from $500 - $1000 an hour.

How come defense lawyers can get rich while avoiding the awful g-word?

[David Giacalone]

Hey, Fed84,

I was asking a question, not making a statement regarding Walter's treatment of Mr. Baron. On the ad claim question, I wasn't aware of attacks, but only factual refutation.

As for fees, I don't like excessive ones when charged by any lawyer. Ditto for greed -- it's unbecoming wherever encountered. My problem with plaintiff p/i lawyers is the use of contingency fee levels (usually the "standard rate") that do not correspond with the risk taken and work performed, resulting in unfair enrichment at the client's expense.

As for the phrase, "greedy trial lawyers," you'll have to ask Walter Olson whether he thinks ALL trial lawyers are greedy. If he said "overweight trial lawyers," would he be condemning them all as being fat?

By the way, I'm the only lawyer I know who left government service and consistently made far less money in private practice. I believe that most lawyer services are overpriced, when actual skills employed and degree of difficulty are taken into account -- and, when we remember that we exist to serve the client, not vice-versa.

[Federalist No. 84]

I agree with everything you wrote. I might add that one of the few things that angers me more than partners at O'Melveny & Myers critizing plaintiffs' lawyers for making too much money are is when plaintiffs' lawyers call themselves "public interest" lawyers. The firm I summered at went on and on about its "public interest" focus. Let's be real: PI lawyers are some of the richest in the profession. They are businessmen like anyone else - not public interest advocates, though there is often overlap between serving the public and making money.

Even though I agree that most lawyers are overpaid, I will say that most people are overpaid. Large companies selling crap (forget about pet rocks: how many pairs of shoes do you really need?) make billions a year. The average office worker divides his time between hiding from the boss, checking e-mail, and actually working.

The American way is to make as much money as possible in as little time as possible. Who can blame lawyers for behaving the same way as everyone else?

[David Giacalone]

Amen. Of course, there is a significant segment of America's workforce that works very hard for very little money -- and doesn't have lots of shoes or employee benefits. Working and living with the working poor is an eye-opener.

If one is going to be greedy, I prefer frankness over hypocrisy. So, I dislike those who make a big deal about working for the Little People, or Consumer, or Children, when they make millions of dollars while doing it.