Plaintiffs' lawyers work on a contingency fee basis, collecting compensation for themselves as a percentage only if they win. Reduce lawyers' ability to use contingency fees as compensation, as tort reform inevitably does, and you reduce their economic incentive to do this work. Daniels' and Martin's study bears this out. Drawing on over 20 years of research, extensive surveys and interviews, the authors explore the impact the tort reform movement in Texas has had on the ability of plaintiffs to obtain judgments-in short on private citizens' meaningful access to the full power of the law. In the course of their analysis, the authors explain the history and economics behind the workings of the plaintiffs' bar. They explore how lawyers select cases and clients, as well as the referral process that moves cases among lawyers and allows for specialization. They also examine the effects of medical malpractice reforms on plaintiffs' lawyers-reforms that often close the courthouse doors to certain types of people-tort reform's "hidden victims."
Plaintiffs' lawyers are the civil justice system's gatekeepers, providing meaningful access to the rights the law provides. Daniels's and Martin's thorough and fair-minded work offers a unique and sobering perspective on how tort reform can curtail this access-and thus, the legal rights of American citizens.
Publisher: University Press of Kansas
Number of pages: 272
Weight: 544 g
Dimensions: 229 x 152 x 23 mm
"Daniels and Martin give us a penetrating and alarming account of the most energetic and successful campaign to dismantle the legal protections that Americans gained over the course of the past century."--Marc Galanter, co-author of Tournament of Lawyers: The Transformation of the Big Law Firm
"In this masterful book, Daniels and Martin demonstrate how a sustained attack on the plaintiffs' bar can deprive ordinary people of access to justice when they are injured by the negligence of others."Herbert Kritzer, co-author of The Oxford Handbook of Empirical Legal Research
"This book enriches conversations about consequences of changes in civil justice policies and ramifications of efforts to 'reform' tort litigation; adds to scholarship on trial lawyers as agents who must stay in business to serve civil justice in the United States; and illuminates issues surrounding lawyers' fees. From the workaday realities of trial lawyers to the chronic complexities of making policy through lawsuits, the authors inform readers and make them more sophisticated thinkers."--William Haltom, co-author of Distorting the Law: Politics, Media, and the Litigation Crisis
You may also be interested in...
Please sign in to write a review