“In Trial Work, Edwards Left a Trademark”

Good New York Times page-one article investigating the Senator’s legal work, and in particular his big-ticket lawsuits over cerebral palsy. (Adam Liptak and Michael Moss, Jan. 31). See our earlier coverage Jan. 20 and Jan. 26. Alex Tabarrok, Sydney Smith, Charlotte Hays and Wayne Eastman comment. Meanwhile, a theme has developed among several lawyer and […]

Good New York Times page-one article investigating the Senator’s legal work, and in particular his big-ticket lawsuits over cerebral palsy. (Adam Liptak and Michael Moss, Jan. 31). See our earlier coverage Jan. 20 and Jan. 26. Alex Tabarrok, Sydney Smith, Charlotte Hays and Wayne Eastman comment.

Meanwhile, a theme has developed among several lawyer and law-professor bloggers that Edwards should not be held up to reproach even if it turns out that he employed dubious expert testimony to extract fortunes from innocent obstetricians, on the grounds that a trial lawyer is just doing his job when he seeks to introduce all admissible evidence on behalf of his client; in fact, he may even be obliged to do so as an ethical matter of “zealous advocacy”. (It should be stressed that Edwards strongly disputes the idea that his cases were in any way scientifically dubious.) We ourselves aren’t buying this line of reasoning, but it has some articulate advocates, including Peter Nordberg (who also defends Edwards here, while acknowledging that some details in the new Times piece “may supply grist for Edwards’ critics”), Franco Castalone, and David Bernstein. For our views of what constitutes proper “zeal” on lawyers’ part, see Jul. 17.

3 Comments

  • John Edwards Cont.

    There’s been some great insight on the John Edwards-“junk science” issue (which began with a comment by Walter Olson at overlawyered.com), from blog 702 , David Bernstein at the Volokh Conspiracy, more from overlawyered, and from Franco Castalone at the

  • John Edwards Cont.

    There’s been some great insight on the John Edwards-“junk science” issue (which began with a comment by Walter Olson at overlawyered.com), from blog 702, David Bernstein at the Volokh Conspiracy, more from overlawyered, and from Franco Castalone at the…

  • John Edwards Cont.

    There’s been some great insight on the John Edwards-“junk science” issue (which began with a comment by Walter Olson at overlawyered.com), from blog 702, David Bernstein at the Volokh Conspiracy, more from overlawyered, and from Franco Castalone at the…