Strong Advocate: The Life of a Trial Lawyer

1. What Is a Trial Lawyer?

1 1 What Is a Trial Lawyer? Several years ago, a St. Louis attorney called to ask if I knew “X,”a lawyer who had just settled a case for a paraplegic who was a passenger in an automobile collision. The client was without fault, and the insurance company was only too happy to pay its policy limits of twenty-five thousand dollars for a release. The problem was not with the client or the insurance company. “X” had charged a 40 percent fee for a result the client could easily have obtained without him. It was unconscionable. Any lawyer with an ounce of compassion would have helped the client collect the nominal settlement pro bono. People in Springfield, Missouri, saw “Y” nearly every time they turned on their television. He told them that he was a personal injury lawyer and said he could help them if they were injured in a car or truck crash. He seemed like a person with lofty principles when he assured viewers that he gave part of his fee to Mothers Against Drunk Drivers each time he made a recovery in a drunk driving case. His various commercials proclaimed him an expert in a variety of areas in addition to highway collisions. “Y” was handsome and looked professional and trustworthy in his blue suit and red tie, and he spoke with confidence and authority . The printing at the bottom of his advertisements listed the several cities where he maintained offices. Surely, this man, 2 Strong Advocate with such credentials and principles, would be the ideal person to represent a seriously injured soul. But people are not always what they seem. My partner took “Y’s” deposition when he had a dispute with his former associates and made some alarming discoveries. “Y” had never appeared in a single court in Missouri; did not know how many appellate courts there were; could not name a single judge; did not know if the courthouse in Springfield (where he advertised) was wood,stone,brick,or concrete; and did not know how many jurors sat in a civil case. It is little wonder that a number of ethics complaints and legal malpractice claims had been filed against him. “Y” was a con artist of the worst kind, preying on unsuspecting clients who trusted him to obtain justice for them. Then there was lawyer “Z,” who visited the police station to scan the police accident reports.“Z” was interested in those collisions where someone was transported to the hospital. Soon a letter from “Z” would arrive at the injured person’s home, expressing sympathy and offering his services. If the police report indicated a serious injury,“Z”would visit the hospital to express his compassion in person. People complained to me after being contacted by him. Not only was he unprofessional, but he was also insensitive and guilty of gross bad taste. “X,” “Y,” and “Z” had one thing in common—money. It was not money for their clients that was their priority; it was money for their coffers. Insurance companies enjoyed hearing from“X,” “Y,” and “Z” because they knew these pretenders would sell their clients out for nearly any amount, no matter how ridiculous. Settle the case with as little effort as possible and collect a fee; that was their goal.“X,”“Y,” and “Z” were members of the despicable species that people call “ambulance chasers.” People joke about them and ridicule the legal profession because of them. A friend once gave me a book titled Lawyers and Other Reptiles, full of lawyer jokes, then borrowed it before I had a chance to see if it contained a single gag I had not heard. What Is a Trial Lawyer? 3 But a license, a mere piece of paper, does not make a person a real trial lawyer. “X,”“Y,”“Z,” and their ilk are not real trial lawyers . They are impostors, leeches on my profession. There is a nursery rhyme: Jerry Hall, he’s so small A cat could eat him Hat and all. Those impersonators are too small to be members of my ancient and noble profession. My calling dates to the first book of the Bible. In Genesis, chapter 18, Abraham negotiated with God to save Sodom and Gomorrah. As an advocate for his people, he was a trial lawyer, without the title. From the beginning of written history, laws existed to protect those...