Law and The Judiciary

Trial Lawyers Seek Plaintiffs

President Clinton vetoed a comprehensive tort bill; but there smaller steps to reform the civil justice system would be helpful, according to legal experts.

Legal analysts say class action lawsuits have become a litigation lottery for trial lawyers, while plaintiffs are left hanging out to dry.

  • In one recent class action suit involving computer monitor manufacturers, the trial lawyers got almost $6 million while each of the plaintiffs got only a $13 coupon toward purchase of a new computer screen.

  • Trial attorney Lawrence Schonbrun recently testified before a congressional committee that in one class-action case a law firm charged $5,600 per hour for legal work.

  • In another case, the plaintiff was awarded 14 cents -- probably far less than what the attorneys took home.

The situation has worsened since the adoption in 1996 of new rules under which federal judges certify a class of plaintiffs.

  • Under the new rules, lawyers are permitted to file a class action suit first and seek clients later.

  • Millions of Americans have become plaintiffs in hundreds or thousands of class actions without even knowing it.

  • The stated intent at the time was to help people who might not have the resources to join a case.

  • But the result has been an explosion of abusive class action suits by lawyers who then advertise for as many clients as possible to increase the booty.

Legal experts recommend Congress restore the rules that existed before the 1996.

Dick Thornburgh (former U.S. Attorney General) “Enough of Class-Action Abuse,” Washington Times, October 30, 1997.


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