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  • A NEW BOOK BY EVAN SCHAEFFER



    How to Feed a Lawyer (and Other Irreverent Observations from the Legal Underground)

    Click on the book cover for details!

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Comments

dcnesq

I have a client that is a defendant in a case filed by Willie Gary. Despite the fact that my defendant is not the big target in this one, his record puts a different perspective on the case. When he is flying in one of his jets, do you think he really worries about the country club memberships?

Steve

Thank you for my monthly Willie Gary fix.

Does Dickie Scruggs have a plane with a gold-plated sink? Are there pictures?

Ted

Even though it’s Joe Sixpack, as you put it, who stands to lose the most from tort reform?

Of course, it's Joe Sixpack who stands to gain the most from tort reform in terms of lower prices and greater economic opportunity. Those born wealthy or who have fungible skills beyond rent-seeking in a particular jurisdiction are better situated to avoid the problems created by an economy made sclerotic by the predations of trial lawyers. An unskilled or manufacturing worker who's one of the tens of thousands of people who lost his or her job because of abusive asbestos litigation is probably not so well-situated.

Who is going to represent the little guy? Certainly not the trial lawyers, who represent themselves first, and then the little guy only when a particular little guy is a means to that end. If the little guy is a small business fighting off extortionate slip-and-fall or employment litigation where winning costs more than settling for the plaintiff's demand, it's not the trial lawyers who are on the side of the loser-pays reform that will make the difference between staying in business and not. If the little guy is someone who would be better off or happier with a sub-prime mortgage or a morning-sickness cure, it's the trial lawyers fighting to keep these options from the little guy.

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