ABSTRACT
The long-running partisan debate about plaintiff’s lawyers largely proceeds without the voice of legal scholars. For decades, both the business community and the insurance industry have asserted that plaintiff’s lawyers are a scourge. This often-one-sided conversation predominantly takes place through white papers and sponsored research carefully curating data to lobby legislators and regulators for systemic legal reform. Conversations take place in board rooms, trade meetings, and legislative offices. Counterpoint messaging is sparse. And almost entirely absent is neutral analysis. The contribution of this article is to begin to fill that void. This article brings real data to the big questions of lawyer misbehavior. Because systemic wide reforms curb all cases, not just frivolous ones. And so calls for systemic reform merit the careful inquiry of whether they do more good than harm.
Klein, Kenneth S, Are Plaintiff’s Lawyers a Necessary Evil or Just Plain Evil? Probably Neither! (February 8, 2024).
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