Posts Tagged ‘Willie Gary’

Willie Gary marketing tactics

There is, perhaps, a niche of personal injury clients for whom an ostentatious display of personal wealth and a video with the theme from “Rocky” and a Michael Buffer impersonator narrator will be especially persuasive. If so, attorney Willie Gary (Jan. 7, Dec. 23) has that market sewn up (streaming Windows Media). Do not stare directly at the light coming out of Willie Gary’s right hand in the photo next to that of the private jet. (via Schaeffer)

Judge dismisses ethics case against Gary

Well, that was quick: “A judge Wednesday dismissed ethics complaints against prominent attorney Willie Gary and his partner. Circuit Judge Brian Lambert didn’t offer a reason for throwing out the case against Gary and Madison McClellan on the second day of a three-day hearing, although he had been considering several motions for dismissal, including one arguing there was a lack of evidence.” (see Jan. 5 and Apr. 1-2, 2002). “Judge dismisses ethics case against Willie Gary”, AP/Palm Beach Post, Jan. 7). (Note: this is AP’s corrected account, replacing an earlier version which affirmatively attributed the dismissal to lack of evidence.). More on the dismissal from Law.com: Harris Meyer, “Florida Judge Dismisses Ethics Case Against Willie Gary”, Miami Daily Business Review, Jan. 8. Update Sept. 5, 2005: underlying case and related litigation settle for sum upwards of $120 million.

In related matters, Evan Schaeffer, a plaintiff’s attorney practicing in fabled Madison County, Ill., links to our coverage of Gary and also recommends (as “antidote”) a Jonathan Harr New Yorker profile (PDF) which takes a rather more favorable view than we do of the Stuart, Fla.-based lawyer’s successes. And the St. Petersburg Times analyzes Gary’s recent $18 million win against Gannett in a “false light” defamation case (see Dec. 23; Mar. 30, 2001). The interesting thing about the “false light” doctrine is that it lets a publication be held liable for defamation even if all of the individual facts it printed were correct. (Stephen Nohlgren, “State: Case’s verdict shows truth no certain shield for media”, Jan. 4).

Willie Gary ethics trial begins tomorrow

Following up on our Apr. 1-2, 2002 coverage: “Gary and one of his law partners, Madison McClellan, are charged with multiple ethics violations involving their representation of baseball legend Roger Maris’ family business during a 2001 trial against the world’s largest beer brewer, Anheuser-Busch.” Trial is scheduled for tomorrow in Ocala “on allegations including falsifying evidence, making false statements, using profanity, improperly appealing for the jury’s sympathy and insulting opposing attorneys.” (Pat Moore, “Ethics trial begins Tuesday for noted lawyer Willie Gary”, Palm Beach Post, Jan. 4)(via Legal Reader, who had it from How Appealing) On Gary’s flamboyance, see Dec. 23 as well as links from the Apr. 1-2, 2002 item. Updates Jan. 7: judge dismisses case against Gary and partner on second day of trial; Sept. 5, 2005: underlying case and related litigation settle for sum upwards of $120 million.

How do your holiday parties compare?

Attorney Willie Gary, frequently mentioned in this space (see Apr. 1-2, 2002 and links from there) sent out 275,000 invitations this year to his annual holiday party in Stuart, Fla., a fabulous bash that has been called South Florida’s premiere party; tens of thousands attended (Tyler Treadway, “Liberally distributed, invitations to Gary festival more elaborate each” (sic), TCPalm.com (Scripps newspapers), Dec. 11; “Thousands take part in Gary’s holiday fete”, Dec. 13). Gary had an extra reason to celebrate this year, because a jury on Dec. 12 awarded $18 million to one of his clients, a road builder who said he was defamed by an investigative-journalism piece in the Gannett chain’s Pensacola News-Journal (see Mar. 30, 2001). (“Florida jury awards $18 million to road builder”, AP/First Amendment Center, Dec. 16). (More on case: Jan. 7; appeals court reverses, Oct. 25, 2006)

In Houston, meanwhile, trial lawyer W. Mark Lanier expects 5,000 holiday attendees at his 25-acre estate for what he bills as the “best party in the world”, now in its twelfth year. Lanier, who is noted for buying asbestos items on eBay and in 1998 won a $115 million verdict for 21 plaintiffs in an asbestos case, hired Bill Cosby to entertain the crowd this year; previous years’ talent have included Barry Manilow, Crosby, Stills, and Nash, Diana Ross, and the Dixie Chicks. (Jonathan D. Glater, “Houston Holiday: Barbecue, Al Green and 5,000 Guests”, New York Times, Dec. 15)(fee archive) Incidentally, the Times also reports the following: “‘I support tort reform that gets rid of the garbage cases,’ said Mr. Lanier, who is a Republican. ‘I do not support the medical malpractice reform because I think it hurts the good cases and doesn’t do anything to restrict the garbage cases.'”

The cerebral palsy law machine

It grinds on inexorably, for all that the medical establishment may cast aspersions on it (see also Feb. 27). In June a San Jose jury voted $38 million to a family in a case in which an earlier Caesarean section would allegedly have prevented a child’s cerebral palsy; the medical defendants strenuously denied any such causal link (Barbara Feder Ostrov, “Baby, family win $38 million verdict”, San Jose Mercury News, Jun. 18). The Palm Beach Post traces the history of a $10 million verdict which “sank one of Florida’s largest physician-run malpractice insurers … While the award pays for Kenan’s care, it also pays for legal fees that leave [mother Priscilla] Davis wondering at times whether she should have taken her chances with the state Medicaid plan.” Causation, you ask? “It remains unclear whether any doctor could have prevented Kenan’s cerebral palsy.” It was a Willie Gary case (Sanjay Bhatt, “Boy’s case illustrates malpractice crisis”, Palm Beach Post, Jun. 15). And a federal judge in East St. Louis, Ill. has awarded $19 million in a lawsuit which ascribed a child’s cerebral palsy to a doctor’s improper use of a vacuum extractor during labor. No word from the newspaper report on whether the defendants disputed this causal theory, but the choice of defendants was an interesting one: the federal Treasury. “The doctor, Charles L. Davis, was considered a federal employee because his employer, the Southern Illinois Healthcare Foundation, receives funding from the U.S. Department of Health and Human Services. The government was named as a defendant, but he was not.” (William Lamb, “Botched birth nets verdict of $19 million”, St. Louis Post-Dispatch, Jul. 31).

Archived class action materials, pre-July 2003


Madison County, Ill., 2003:To tame Madison County, pass the Class Action Fairness Act“, Jun. 12-15; “The intimidation tactics of Madison County“, Jun. 9; “‘Lawyers who won $10 bil. verdict had donated to judge’“, Apr. 30; “A bond too far“, Apr. 4-6; “Appeals bonds, again“, Apr. 2-3; “Mad County pays out again” (“light” cigarette class action), Mar. 24. 2002:Malpractice-crisis latest: let ’em become CPAs“, Oct. 7-8; “Intel sued in notorious county“, Aug. 30-Sept. 2. 2000: Update: Publishers’ Clearing House case“, Feb. 29. 1999:  “Criticizing lawyers proves hazardous” (columnist Bill McClellan makes fun of class-action attorneys, they sue him for libel), Nov. 4 (& Nov. 30; Feb. 29, 2000)

Securities class actions, 2003:Prospering despite reform“, May 5; “‘Lawyers find gold mine in Phila. pension cases’“, Mar. 21-23; “NYC challenges class action fees; taxpayers save $200 million“, Feb. 28-Mar. 2 (& Jun. 20, 2000). 2002:Updates” (Ninth Circuit ruling), Oct. 1-2; “Second Circuit: we mean business about stopping frivolous securities suits“, Aug. 29-Sept. 2; “Financial scandals: legislate in haste“, Jul. 12-14; “‘How to stuff a wild Enron’“, Apr. 22; “Judge compares class action lawyers to ‘squeegee boys’“, Apr. 18.  2001:Short-sellers had right to a drop in stock price“, Nov. 12; “Third Circuit cuts class action fees” (Cendant, CBS/ Westinghouse), Sept. 25-26 (& on Cendant, June 20, Sept. 4, 2000); “Dotcom wreckage: sue ’em all“, Aug. 7-8; “‘2d Circuit Upholds Sanctions Against Firms for Frivolous Securities Claims’” (Schoengold & Sporn), July 23; “Razorfish, Cisco, IPO suits“, May 22; “Securities law: time for loser-pays“, Mar. 2-4; “3Com prevails in shareholder suit“, Feb. 21-22; “$1,000/hour for shareholder class lawyers” (Aetna case), Feb. 14-15; “What they did for lead-plaintiff status?“, Jan. 18 (& see Feb. 21-22). 2000:Did securities-law reform fail?“, Nov. 10-12; “Emulex fraud: gotta find a defendant“, Sept. 4; “Fortune on Lerach“, Aug. 16-17; “Lion’s share” (commodity brokerage case), May 5-7; “Fee shrinkage“, May 3; “Celera stockholders vent at Milberg Weiss“, Apr. 25-26.  1999: Piggyback suit not entitled to piggybank contents” (Second Circuit rejects fees in Texaco action), Oct. 9-10; “Effects of shareholder-suit reform“, Sept. 22.

Fee review, 2003:Vitamin class action: some questions for the lawyers“, May 28; “Sauce for the gander dept.“, May 19; “NYC challenges class action fees; taxpayers save $200 million“, Feb. 28-Mar. 2 (& Jun. 20, 2000). 2002:FTC cracks down on excessive legal fees“, Oct. 1-2; “Smog fee case: ‘unreal world of greed’“, Jul. 24.  2001:Court’s chutzpah-award nominee” (Wells Fargo), Oct. 17-18; “Third Circuit cuts class action fees” (Cendant, CBS/ Westinghouse), Sept. 25-26 (& on Cendant, June 20, Sept. 4, 2000); “Coupon settlement?  Pay the lawyers in coupons“, Mar. 16-18.  2000:Fee shrinkage“, May 3; “‘Accord tossed: Class members ‘got nothing’” (Equifax, 7th Circuit), Jan. 6. 1999:Class action fee control: it’s not just a good idea, it’s the law” (Ninth Circuit on “separately negotiated” fees), Nov. 30; “Piggyback suit not entitled to piggybank contents” (2nd Circuit, Texaco), Oct. 9-10. 

Milberg Weiss Bershad Hynes & Lerach, 2003:Prospering despite reform“, May 5; “Milberg copyrights its complaints“, Jan. 3-6.  2002:Updates” (Ninth Circuit ruling), Oct. 1-2; “Smog fee case: ‘unreal world of greed’“, Jul. 24 (& Dec. 5, 2000, Jun. 22-24, 2001); “Judge compares class action lawyers to ‘squeegee boys’“, Apr. 18; “Milberg faces second probe” (Phila. politics), Feb. 27-28; “‘Probe of Milberg Weiss has bar buzzing’“, Jan. 28-29; “‘In a class of his own’” (Melvyn Weiss profiled in The Economist), Jan. 21-22.  2001:NFL satellite ticket class action“, June 5 (& update Aug. 20-21: court disallows settlement); “Update: cookie lawsuit crumbles“, May 9; “‘Lawyers to Get $4.7 Million in Suit Against Iomega’” (zip drive defect allegations), May 8; “California electricity linkfest” (representing San Francisco), March 26; “(Another) ‘Monster Fee Award for Tobacco Fighters’” (Calif. cities and counties), March 21-22; “3Com prevails in shareholder suit“, Feb. 21-22; “$1,000/hour for shareholder class lawyers” (Aetna case), Feb. 14-15; “What they did for lead-plaintiff status?“, Jan. 18 (& see Feb. 21-22).  2000:Fortune on Lerach“, Aug. 16-17; “Fee shrinkage“, May 3; “Celera stockholders vent at Milberg Weiss“, Apr. 25-26; “Class-actioneers’ woes“, Mar. 1; “Pokemon litigation roundup“, Jan. 10 (& Oct. 1-3, Oct. 13, 1999). 

Toshiba laptop settlement: see separate page on high-tech law

Microsoft class actions:Microsoft case and AG contributions“, Apr. 3-4, 2002; “Columnist-fest” (proposed settlement), Nov. 27, 2001; “Hiring talent from the opposing camp“, Feb. 28, 2000; “In race to sue Microsoft, some trip“, Dec. 23-26; “Microsoft roundup“, Dec. 3-5; “‘Actions without class’“, Dec. 2; “Class actions vs. high-tech“, Nov. 23; “Vice President gets an earful“, Nov. 22; “Microsoft roundup“, Nov. 17; “Fins circle in water“, Nov. 13-14; “Microsoft roundup“, Nov. 11; “Microsoft ruling: guest editorials“, Nov. 8; “Why doesn’t Windows cost more?“, Oct. 27; “Are you sure you want to delete ‘Microsoft’?“, Oct. 11. 

Employment class actions: see separate page on employment law.


Overlawyered.com commentaries:

Texas’s giant legal reform“, Jun. 18-19, 2003.

To tame Madison County, pass the Class Action Fairness Act“, Jun. 12-15, 2003; “‘Reforming class action suits’” (Class Action Fairness Act), Apr. 25-27, 2003.

Judge kicks class-action lawyers off case” (H&R Block), May 15, 2003.

Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16, 2003.

FBI probes Philadelphia’s hiring of class action firm“, Jan. 31-Feb. 2, 2003.

Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.

Auctions:Third Circuit cuts class action fees“, Sept. 25-26, 2001; “Letter to the editor” (competitive bidding for class representation), Jun. 13, 2001 (& Oct. 1-2, 2002). 

7,000 missing colors, many of them crisply green“, Aug. 29, 2002. 

‘Junk-fax’ suit demands $2 trillion“, Aug. 26, 2002; “Junk-fax litigation: blood in the water“, July 24, 2001; “Junk-fax bonanza“, March 27, 2001; “Junk fax litigation, continued“, March 3-5, 2000; “In Houston, expensive menus” (unsolicited faxes), Oct. 22, 1999. 

Penthouse sued on behalf of disappointed Kournikova-oglers“, Jun. 3-4, 2002. 

The mystery of the transgenic corn“, May 14-15, 2002. 

Editorial-fest“, Mar. 11, 2002; “Washington Post on class action reform” (good editorial), Aug. 29-30, 2001; “Actions without class” (Washington Post editorial), Dec. 2, 1999. 

The thrill of it all: plaintiffs win 28 cent coupon“, Feb. 27-28, 2002. 

‘Toyota buyers’ suit yields cash — for lawyers’“, Feb. 18-19, 2002; “Golf ball class action” (Acushnet Co.), Nov. 18-19, 1999; “Class action coupon clippers” (Washington Post on settlement abuses), Nov. 15, 1999. 

‘Congress looks to change class action system’“, Feb. 11-12, 2002; “‘They’re making a federal case out of it … in state court’“, Nov. 7-8, 2001. 

Selling out the class?” (allegations of collusive settlement in H&R Block case), April 5, 2001 (& see Dec. 3). 

Swiss banks vindicated“, Nov. 1, 2001. 

Letter to the editor (lawyers’ own incremental billing disclosed?), Oct. 22, 2001 (& see Dec. 3). 

Counterterrorism bill footnote” (forum shopping), Oct. 16, 2001; “Best little forum-shopping in Texas” (class actions make their way to Texarkana), August 27, 1999. 

Employment class actions: EEOC to the rescue“, Sept. 10, 2001. 

220 percent rate of farmer participation” (USDA black farmer settlement), July 25, 2001.

The rest of Justice O’Connor’s speech“, July 6-8, 2001. 

Blockbuster Video class action“, June 11, 2001 (& see July 3-4 (Vince Carroll column)). 

Letter to the editor” (First USA credit cards), June 13, 2001; “Bank error in your favor” (credit card holders), Sept. 27-28, 2000; & letter to the editor, Sept. 3, 2001. 

Ghost blurber case“, June 12, 2001. 

NFL satellite ticket class action“, June 5, 2001 (& update Aug. 20-21: court disallows settlement). 

Insurance class settlement scuttled“, Feb. 26, 2001. 

Florida lawyers’ day jobs, cont’d” (hotbed of class action filing), Dec. 11-12, 2000; “Florida’s legal talent, before the Chad War” (Florida Marlins ticketholders), Dec. 8-10, 2000. 

Obese soldiers class action“, Nov. 10-12, 2000. 

Sweepstakes, for sure” (American Family Publishers), Oct. 20-22, 2000; “Update: Publishers’ Clearing House case“, Feb. 29, 2000. 

Courtroom crusade on drug prices?“, Oct. 19, 2000. 

Class actions: are we all litigants yet?“, Aug. 23-24, 2000. 

Coke:Class-action lawyers to Coke clients: you’re fired“, July 21-23, 2000; “‘Coke plaintiff eavesdrops on lawyers; case unravels’” (what do lawyers tell each other after they think their clients have hung up on the conference call?), July 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke, cuts lucrative ad deal with it), May 11, 2000.

Target Detroit” (lawyers countersue DaimlerChrysler and exec personally), July 19-20, 2000; “Turning the tables” (DaimlerChrysler sues class action lawyers), Nov. 12, 1999. 

Class-action assault on eBay“, July 13, 2000. 

AOL ‘pop-up’ class action” (ads said to be unfair), June 27, 2000. 

Rise, fall, and rise of class actions” (enormous increase in filing rates in past decade), Mar. 10-12, 2000. 

Criticizing lawyers proves hazardous” (columnist Bill McClellan makes fun of class-action attorneys, they sue him for libel), Nov. 4, 1999 (update Nov. 30: he criticizes them again, though suit is still pending); “Update: Publishers’ Clearing House case” (judge approves settlement including legal fee request; agreement reached to end libel suit), Feb. 29, 2000. 

Secrets of class action defense“, Feb. 25, 2000; “Mobile Register probes class action biz” (BancBoston and other mortgage escrow cases), Feb. 7, 2000. 

AOL upgrade’s sharp elbows“, Feb. 12-13, 2000. 

Weekend reading: columnist-fest” (Laura Pulfer on suit against Ralph Lauren outlet stores; Alex Cockburn on Swiss banks), Feb. 5-6, 2000. 

From our mail sack: unclear on the concept“, Jan. 28, 2000. 

Santa came late” (suit against Toys-R-Us for missing Christmas delivery), Jan. 19, 2000. 

Pokemon litigation roundup“, Jan. 10, 2000;  “Pokemon cards update“, Oct. 13, 1999; “Pokemon-card class actions“, Oct. 1-3, 1999

Expert witnesses and their ghostwriters” (life insurance class actions), Jan. 4, 2000. 

Lawyers for famine and wilderness-busting?” (anti-biotech), Jan. 3, 1999. 

Class action toy story” (antitrust), Dec. 29-30, 1999. 

‘In race to sue Microsoft, some trip’” (lawyers inadvertently copy details of pleadings in earlier cases), Dec. 23-26, 1999. 

Rolling the dice, cont’d” (suits over online gambling), Dec. 7, 1999 (earlier report, Aug. 26). 

Beware of market crashes” (class action sought against E*Trade for alleged computer-related trading losses), Nov. 26-28, 1999. 

Are they kidding, or not-kidding?” (proposals for suits against makers of fattening foods, losing sports teams), Nov. 15, 1999. 

Public by 2-1 margin disapproves of tobacco suits” (if class actions are filed on behalf of the public, why don’t they reflect public opinion?), Nov. 5-7, 1999. 

Demolition derby for consumer budgets” (class action against State Farm over generic crash parts), Oct. 8, 1999. 

Power attracts power” (Boies joins anti-HMO effort), Sept. 30, 1999; “Impending assault on HMOs“, Sept. 30. 

$49 million lawyers’ fee okayed in case where clients got nothing” (secondhand smoke action), Sept. 28, 1999; “Personal responsibility takes a vacation in Miami” (tobacco class-action verdict), Jul. 8, 1999.

Judge throws out four WWII reparations lawsuits“, Sept. 20, 1999. 

Tainted cycle” (Milwaukee taxpayers sue themselves), Sept. 2, 1999. 

Three insurers sued for $100 million” (how the press covers class action announcements), Aug. 20, 1999.


Resources on class actions are found at many different places on Overlawyered.com.  For example, most of the massive lawsuits filed against individual industries over personal injury to classes of consumers are covered on pages specific to the subject matter of the cases, such as the pages on firearms litigation, tobacco litigation, managed-care litigation, breast implant litigation, product liability, and so forth. 

This page assembles resources on class actions as a procedural device and as an institution.  Among topics covered are the unique role in this area of an “entrepreneurial” plaintiff’s bar that decides on its own behalf who and how to sue and lines up clients as needed; the history of the device and the reasons why it is either sharply limited or virtually unknown in the courts of other industrial democracies; the distinctive ethical problems that arise because of the extreme difficulty of policing lawyers’ faithfulness to the interests of the absent class; and the operations of the class action “industry” in the areas in which it has been a familiar part of the American legal landscape for decades, namely shareholder litigation and class actions over consumer and antitrust grievances aggregating large numbers of (usually smallish) claims. 

Background — procedural history, ethical issues:

Overlawyered.com‘s editor wrote about class actions (as well as “champerty and maintenance”, the “invisible-fist theory”, and other topics) in Chapter 3 of his book The Litigation Explosion; an excerpt is online

Chapter 5 (“The New Town Meeting”) of Peter Huber’s book Liability: The Legal Revolution and Its Consequences contains a valuable discussion of the class action format, particularly as it applies to the so-called toxic tort; it is unfortunately not online. 

Lawrence Schonbrun, a Northern California attorney who has developed a specialty in filing challenges to excessive class action attorneys’ fee requests, wrote a prescient article in 1996 on “coupon deals”, “separately negotiated” fees from defendants, and other innovative ways the class action bar was finding to escape scrutiny of its remuneration.  (“Class Actions: The New Ethical Frontier“) 

Shareholder litigation:

A starting point for research on this topic is Stanford Law School’s comprehensive Securities Class Action Clearinghouse.  See also the commentaries on this site

In Felzen v. Andreas (1998), Judge Frank Easterbrook of the Seventh Circuit wrote that “Many thoughtful students of the subject conclude, with empirical support, that derivative actions do little to promote sound management and often hurt the firm by diverting the managers’ time from running the business while diverting the firm’s resources to the plaintiffs’ lawyers without providing a corresponding benefit.”  He cited a long list of scholarly articles including Janet Cooper Alexander, Do the Merits Matter? A Study of Settlements in Securities Class Actions, 43 Stanford L. Rev. 497 (1991), which found that the “structural characteristics common to securities class actions . . . combine to produce outcomes that are not a function of the substantive merits of the case.” and Roberta Romano, The Shareholder Suit: Litigation without Foundation?, 7 J. L. Econ. & Organization 55 (1991), which examined 39 shareholder suits filed between the late 1960s and 1987 and concluded that “shareholder litigation is a weak, if not ineffective, instrument of corporate governance.” 

In 1995 Congress passed the Private Securities Litigation Reform Act, which aimed to rectify some of the worst abuses in the field.  This client memo from Fried, Frank describes the wider powers institutional investors obtained under the act to influence litigation going on purportedly in the name of investors such as themselves. 

In Polar International Brokerage v. Reeve, a New York federal judge rejected a proposed class action settlement and request for $200,000 in attorneys’ fees, saying it offered shareholders “nothing of real value”.  (Deborah Pines, National Law Journal, May 24, 1999). 

Although the securities bar frequently alleges that well-known companies in Silicon Valley and elsewhere are run by crooked managements that fleece their shareholders, they ironically turn out to keep a lot of their (very substantial) stock holdings invested in the very same companies. (Paul Elias, San Francisco Recorder, June 8, 1999).  Among the reasons is that in many cases they have accepted stock as payment for dropping earlier legal actions. 

Other class action resources:

The Federalist Society publishes a Class Action Watch newsletter.  The first issue is in conventional web-page format. The second issue is a PDF document (Adobe Acrobat needed to view; get it here). 

Among the better-known law firms representing class action plaintiffs are Milberg Weiss Bershad Hynes & Lerach LLP, Lieff, Cabraser, Heimann & Bernstein LLP, Cohen Milstein, Hausfeld & Toll, Krause & Kalfayan, and Barrack, Rodos & Bacine

Actuary Jack Patterson has written an account for a plaintiff’s lawyer readership of class actions against life insurance companies, one of the big practice areas of the 1990s. 

The class action bar also files many antitrust suits on behalf of large groups of consumers or business purchasers.  The Antitrust Policy web site collects many worthwhile resources on antitrust law.

Archived workplace items, pre-July 2003

U.K. roundup” (perennial litigant), Jun. 12-15, 2003.

‘Resumé spam saddles employers’“, Jun. 3, 2003.

Fair Labor Standards Act, overtime and employee classification suits, 2003:Schools roundup“, Apr. 9.  2001:Wal-Mart- as-‘cult’-suit: it is about the money“, Jun. 14.  2000:Goodbye to gaming volunteers?“, Sept. 12 (& update Oct. 3); “Why rush that software project, anyway?” (California overtime law), March 29; “And so now everybody’s happy” (temps fired in wake of Microsoft decision), Feb. 17 (& see letters, Dec. 20); “Strippers in court” (challenge to independent contractor status), Jan. 28; “Microsoft temps can sue for stock options“, Jan. 11. 1999:Don’t call us professionals!“, Oct. 1-3; “Click here to sue!” (AOL volunteers who want to be recategorized as employees), Sept. 7; “Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30; “Click here to sue!” (Seattle law firm offers easy way to sign up for labor law class actions), Aug. 19.

It ain’t heavy to him, he’s my brother“, May 1-2, 2003; “Firehouse blues” (too-short firefighter), Feb. 20-21, 2002; “Non-pregnant rescuers, please“, Sept. 13, 2001; “Litigators vs. standardized tests, II: who needs sharp cops?“, Feb. 9-11, 2001; “Slow down, it’s just a fire” (Canadian high court strikes down firefighter speed test), Sept. 17-19, 1999; “Perps got away, but equity was served” (Lanning v. SEPTA: challenge to running test given to prospective transit cops), Sept. 15, 1999 (& Oct. 5-7, 2001, Oct. 25-27, 2002).

U.K.: ‘Killer wrongly sacked for axe attack’“, Apr. 7-8, 2003.

Maybe crime pays dept.” (annual roundup of weird employment and labor law cases), Apr. 1, 2003.

Their own petard, 2003:Wellstone campaign didn’t buy worker’s comp for its employees“, Feb. 6-9. 2002:‘Civil Rights Agency Retaliated Against Worker, EEOC Rules’“, Jun. 14-16; “‘Disability rights attorney accused of having inaccessible office’“, Apr. 25. 2001:EEOC sued for age bias“, Mar. 6.  2000:White House pastry chef harassment suit“, Sept. 18.  1999:Do as we say (I)” (overtime suit filed against Justice Department on behalf of its own lawyers), Aug. 30 (more).

Race-bias cases gone wrong“, Jan. 24-26, 2003.

Vt. high court: ALL-CAPS DISCLAIMER on front page of employee handbook not unambiguous enough“, Jan. 17-19, 2003.

Ninth Circuit panel sniffs collusion in bias settlement fees“, Dec. 16-17, 2002.

Public employee entrenchment, 2002:Munched zoo animals, gets six months severance” (Germany), Nov. 8-10; “Convicted, but still on their teaching jobs“, Jul. 10-11; “School told to rehire cocaine abuser“, Mar. 20-21.  2001:‘Poor work tolerated, employees say’“, Nov. 15.  2000:Reprimand ‘very serious’ for teacher” (had given 11-year-old girl money to buy marijuana), June 27; “‘Foreman who slept on job wins reinstatement’“, June 7; “From the labor arbitration front” (disallowed firing of Ct. town employee who pleaded no contest to larceny), March 28;  “Not to be dismissed” (unfireable workers, Canada and U.K.), Feb. 25. 1999:Better than reading a lunchtime novel” (IRS employee sues; fired for accessing taxpayers’ personal returns 476 times), Oct. 25; “Undislodgeable educators” (teacher peer review undermined by tenure legalities), Aug. 18.

‘Nannies to sue for racial bias’” (U.K.), Oct. 30-31, 2002.

Looking back on EEOC v. Sears” (sex discrimination, statistics and history), Oct. 28-29, 2002.

Appearance and authenticity, 2002:‘Demand for more ugly people on TV’” (Norway: higher “ugly quotas” sought), Oct. 21. 2001:Facial-jewelry discrimination charged“, Jul. 2; “Pregnant actress complains at being denied virgin role“, Jun. 21; “‘Fired transsexual dancers out for justice’“, Mar. 23-25.  2000:Appearance-blind hiring?“, Dec. 26-29; “Latest female Santa case“, Dec. 13-14 (and see Dec. 18-19); “Wal-Mart wins female Santa case“, Oct. 12; “Next: gender-blind stage casting?” (theme restaurant’s hiring of males as “riverboat tough” food servers), Mar. 24-26.

U.K.: ‘Dr. Botch’ sues hospital for wrongful dismissal“, Oct. 18-20, 2002; “Let them sue us!” (hospitals get sued if they withdraw privileges from questionable doctors), Mar. 23, 2000.

‘Inundations of electronic resumes pose problems for employers’“, Oct. 16-17, 2002.

Latest sacked-Santa suit“, Oct. 9-10, 2002 (& Dec. 13-14 and Oct. 12, 2000)

Right to break workplace rules and then return“, Sept. 16-17, 2002.

Personal responsibility roundup” (workers’ comp told to compensate worker for his suicide attempt), Sept. 12, 2002; “‘Court upholds workers compensation for drunk, injured worker’“, April 6-8, 2001.

National origin, language on the job, 2002:Hiring apple pickers = racketeering“, Sept. 9-10; “‘Surgeon halts operation over foreign nurses’ poor English’“, Jul. 25; “No ‘flood’ of Muslim or Arab discrimination complaints“, Jun. 17-18; “Must-know-Spanish rules defended“, May 28-29; “High court nixes back pay for illegal aliens“, Apr. 3-4.  2001:Sued if you do dept.: language in the workplace“, Dec. 19 (& Nov. 17, 1999); “Competitor can file RICO suit over hiring of illegal aliens“, Dec. 13-14; “Opponents of profiling, still in the driver’s seat“, Nov. 2-4; “Employee’s right to jubilate over Sept. 11 attack“, Oct. 9 (& letters, Oct. 22). 2000: Christian Science Monitor on accent discrimination, see Dec. 18-19; “Green cards gather moss” (immigration delays), Feb. 4; “Back pay obtained for illegal aliens“, Jan. 10 (& Oct. 28, 1999).  1999:52 green-card pickup” (rules against asking for too much documentation of citizenship in hiring), Oct. 29; “Say what?” (accent), Reason, November 1997.

Ambulance driver who broke for doughnuts entitled to sue“, Nov. 2-4, 2001 (& Jun. 28-30, 2002).

Not worth the hassle?” (Home Depot tries to avoid federal contractor status), Jun. 17-18, 2002.

Advertisement for ‘friendly’ employee deemed discriminatory“, Jun. 10, 2002.

Catharine MacKinnon, call your office“, May 16, 2002.

Soap star: ABC wrote my character out of the show” (“medical leave” for drug rehab), Apr. 10, 2002.

Will EU silence the pipes?” (occupational noise regulation), Mar. 8-10, 2002; “Britain’s delicate soldiery“, Dec. 22-25, 2000.

Retaliation:Inability to get along with co-workers” (employer’s counterclaim as retaliation), Mar. 8-10, 2002; “Latest lose-on-substance, win-on-retaliation case“, Oct. 16, 2001; “Latest lose-on-substance, win-on-retaliation employment claim“, Jan. 25, 2000; “Employment-law retaliation: real frogs from ‘totally bogus’ gardens“, Sept. 29, 1999.

Aerobics studio mustn’t favor the svelte“, Feb. 27-28, 2002 (& update May 10-12).

Jarring discord” (Audubon String Quartet), June 5, 2000 (& June 14, 2001, Nov. 13, 2001, May 10-12, 2002).

European workplace notes“, Feb. 25-26, 2002.

‘The Enron mythos’” (employee compensation, 401(k)), Feb. 15-17, 2002.

Sept. 11 and court awards” (price, payouts of employment liability insurance soar), Jan. 14-15, 2002; “‘Workers win more lawsuits, awards’“, March 29, 2001.

‘UK women can demand to know men’s salaries’“, Dec. 28, 2001-Jan. 1, 2002.

Menace of office-park geese“, Dec. 13-14, 2001.

‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001.

An ill wind” (layoffs mean prosperity for employment lawyers), Dec. 4, 2001.

Rejecting an Apple windfall” (race discrimination suit), Nov. 30-Dec. 2, 2001.

Sued if you do dept.: co-worker’s claim of rape“, Nov. 7-8, 2001.

In the mean time, let them breathe spores” (OSHA and anthrax), Nov. 6, 2001.

Judge may revive ‘Millionaire’ ADA case” (Echabazal v. Chevron: employer’s right to turn away workers who would be injured by job), Nov. 5, 2001.

‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Even the chance of loser-pays helps keep ’em honest” (pilots’ union bid for back pay), August 12, 1999.

Employment class actions: EEOC to the rescue“, Sept. 10, 2001.

Not discriminatory to kick sleeping worker’s chair” (includes item on U.K. employee privacy), Sept. 3, 2001.

Firefighter’s demand: back pay for time facing criminal rap“, Aug. 29-30, 2001.

Negligent to lack employee spouse-abuse policy?“, Aug. 29-30, 2001.

N.J. court declares transsexuals protected class“, July 30, 2001; “‘Fired transsexual dancers out for justice’“, March 23-25, 2001; “Columnist-fest” (transgender employee sues over no-skirt order), May 31, 2000.

Age discrimination law:Research for lawyers, courtesy of their targets“, July 6-8, 2001; “EEOC sued for age bias“, March 6, 2001; “‘Toronto Torch’ age-bias suit” (stripper), May 23, 2000; “Take the settlement, sue anyway“, March 13; “‘Tenure Gridlock: When Professors Choose Not To Retire’“, March 3-5; “‘The case for age discrimination’“, Jan. 20, 2000; “Age-bias law expands” (Calif., N.J. developments), Aug. 12, 1999.

Court says tipsy topless dancer can sue club“, Jul. 3-4, 2001.

‘Hearsay harassment’ not actionable“, Jun. 12, 2001.

Dispatches from abroad” (U.K. policeman claims snoring resulted from inhalation of cannabis), May 28, 2001.

Six-hour police standoff no grounds for loss of job, says employee“, May 21, 2001.

Letter to the editor” (arbitration agreements), Apr. 16, 2001.

Comparable worth in Maine” (state enacts “pay equity”), April 20-22, 2001; “Comparable worth: it’s back“, May 17, 2000.

‘2000’s Ten Wackiest Employment Lawsuits’“, Apr. 13-15, 2001.

‘Kava tea drinker alleges bias in FedEx firing’“, Mar. 19-20, 2001.

Ergonomics:Narrow escape from ergonomic regs“, March 9-11, 2001; “‘Cop’s claim: gun belt too heavy’“, Feb. 23-25, 2001; “Born to regulate“, June 28, 2000; “Go ahead and comment — if it’ll do much good” (OSHA ergonomics regulations), March 17-19, 2000; “Repetitive motion injury Hall of Fame” (phone sex operator), Nov. 22, 1999.

Forbidden paint zone” (New York City schools’ 10-foot rule), Feb. 27, 2001.

Employees not tenured in California“, Feb. 7-8, 2001.

Digital serfs?“, Jan. 26-28, 2001.

‘Firms mum on troubled workers’“, Jan. 22-23, 2001.

Police-record discrimination:Coming soon to a school near you” (applicant with police record OK’d since no convictions), Jan. 17, 2001; “‘Killer’s suit alleges job discrimination’“, Jan. 15, 2001; “You were negligent to hire me” (undisclosed rape-related conviction), May 30, 2000; “Hire that felon, or else”  (Wisc. law protects felons from job discrimination), Jan. 7, 2000 (& earlier commentary: Sept. 24, 1999).

Stressed out in New Hampshire” (stress from legitimate workplace criticism triggers workers’ comp), Jan. 4, 2000; “Stress of listening to clients’ problems” (masseuse wins benefits), June 21, 2000; “Weekend reading” (workplace psychological injury claims), July 31-August 1, 1999.

Damages, big numbers:Big numbers” (Kroger Co. hit for $55 million after workplace accident), April 16, 2001; “Property taxes triple after wrongful-termination suit“, Dec. 20, 2000; “‘Stock Options: A Gold Mine for Racial-Discrimination Suits?’“, Dec. 11-12; “How to succeed in business?” (Christian Curry case), Nov. 20; “Wonder Bread hierarchy too white, suit charges“, July 10 (updates Aug. 4: jury awards $132 M damages and Oct. 10: judge cuts award by $97 M); “Penalty for co.’s schedule inflexibility: 30 years’ front pay” (ADA), June 16-18; “Record employment verdict thrown out” (Lane v. Hughes Aircraft), March 9, 2000; “From our mail sack: memoir of a morsel” (Calif. employer’s story), Nov. 24-25, 1999; “The stuffed-grape-leaf standard” (litigator says $300K isn’t that much money), August 14-15, 1999.

Promising areas for suits” (broken interview promises, third party suits to sidestep workers’ comp limits), Dec. 7, 2000.

‘Company Is Told to Stay and Face New Union’“, Nov. 24-26, 2000; NLRB lurches left”, Oct. 11, 2000.

Obese soldiers class action“, Nov. 10-12, 2000.

New unfairness for old” (Employment Non-Discrimination Act), Oct. 26, 2000.

Prospect of injury no reason not to hire” (ADA), July 5, 2000; and see disabled-rights page.

Judge tells EEOC to pay employer’s fees“, Oct. 5, 2000.

When sued, be sure to respond” (Wal-Mart transsexual employee), Jul. 21-23, 2000 (update Sept. 6-7: judge grants retrial after default judgment).

EEOC: offbeat beliefs may be protected against workplace bias“, Sept. 5, 2000.

Losing your legislative battles?  Just sue instead” (contraception coverage by employer health plans), July 26-27, 2000.

Coke:‘Coca-Cola settles race suit’“, Nov. 17-19, 2000; “Class-action lawyers to Coke clients: you’re fired“, Jul. 21-23; “‘Coke plaintiff eavesdrops on lawyers; case unravels’“, Jul. 19-20; “‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coke on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000.

Chutzpah is. . .” (marital-status discrimination case by boss’s ex-son-in-law), Jul. 18, 2000.

Welcome readers” (CNNfn article advising workers thinking of suing employers; cites this site), Jun. 19, 2000; “Favorite bookmark” (head of Employment Policy Foundation likes this site), May 23, 2000.

Look for the Kiwi label” (sweatshops), Jun. 9-11, 2000.

Another Mr. Civility nominee” (associate at law firm asks for bonus, is fired), June 2-4, 2000; “Smudged plumage” (Angelos’s Orioles won’t hire Cuban defectors), May 24, 2000.

Funny hats and creative drawing“, May 1, 2000.

Employer-based health coverage in retreat?“, Mar. 31-April 2, 2000.

OSHA and at-home workers:OSHA & telecommuters: the long view“, April 7-9, 2000; “Update: OSHA in full retreat on home office issue“, Jan. 29-30; “OSHA at-home worker directive“, Jan. 8-9; “OSHA backs off on home-office regulation“, Jan. 6; “Beyond parody: ‘OSHA Covers At-Home Workers’“, Jan. 5, 2000.

Feds’ mission: target Silicon Valley for race complaints“, Feb. 29, 2000.

Judgment reversed in Seinfeld case“, Feb. 26-27, 2000.

Private job bias lawsuits tripled in 1990s“, Jan. 19, 2000; “Employee lawsuits increasing” (Society for Human Resource Management survey), August 25, 1999.

Warn and be sued” (industrial psychologist found liable for warning co-workers of patient’s violent fantasies), Jan. 12, 2000; “Indications of turbulence” (pilot whose mental fitness for duty was challenged wins partial back pay), Dec. 1, 1999.

Christmas lawyer humor” (“Restructuring at the North Pole” parody), Dec. 23-26, 1999.

Truth in recruitment?” (N.J. jury verdict), Dec. 17-18, 1999.

From the quote file” (Legal Times: U.S. Supreme Court as nation’s chief human resources manager), Dec. 15, 1999.

Under surveillance at work?Hold your e-tongue” (employee emails), Nov. 9, 1999; “EEOC encourages anonymous harassment complaints“, Sept. 3; “Please — there are terminals present” (email censorship and harassment law), July 30; “‘Destroy privacy expectations: lawyer’” (advice managers are getting), July 26, 1999.

Bring a long book” (New York takes average of seven years to adjudicate discrimination complaints), Nov. 4, 1999.

Perkiness a prerequisite?” (bias suit says employer wanted workers to look like “Doris Day or the boy next door”), Nov. 2, 1999.

New Jersey court system faces employment complaint“, Oct. 21, 1999.

Blackboard jungle” (Ann Arbor, Mich. substitute teachers’ suit gets $30 million), Sept. 14, 1999.

Labor Day: ‘Overworked America?’“, Sept. 7, 1999.

Big numbers” (Kroger worker $55 million award not blocked by workers’ comp), April 16, 2001; “Block PATH to lawsuits” (claims against NY-NJ commuter line under Federal Employer’s Liability Act), Sept. 1, 1999.

Ohio high court says forget tort reform; should unionists be cheering?” (unions exempted from exposure to many injury suits), August 17, 1999.

You made me defame myself” (workplace defamation law doctrine of “self-compelled publication”), August 10, 1999.

All have lost, and all must have damages” (suit against employer by insurance agent who sold allegedly deceptive policies), August 3, 1999.


Other writings by Overlawyered.com‘s editor: The Excuse Factory: What Happened When America Unleashed the Lawsuit (Free Press, 1997); writings on disabled rights/ADA; on harassment and sex discrimination law; on other branches of discrimination law.

Archived legal ethics items, pre-July 2003

Bar discipline and client protection, 2003: Probate’s misplaced trust” (Washington Post series), Jun. 16-17. 2002:Crumbs from the table“, Feb. 8-10.  2001:Law firm sued over fen-phen settlement practices“, Dec. 28; “Updates” (IOLTA), Dec. 15-16 (& Jan. 31); “Holiday special” (Canadian lawyer’s misconduct), May 28; “Mills of legal discipline” (updates on Brock, Hager, Fieger cases), Mar. 3; “Dangers of complaining about lawyers” (Ga. considers easing defamation counter-complaints by lawyers), Mar. 30-Apr. 1.  2000:‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “Disbarred, with an asterisk” (Mass. has let many attorneys resume practice), Sept. 20; “Funds that don’t protect” (client protection funds), Aug. 23-24; “Fit to practice?” (California bar disciplinary board), Aug. 21-22; “That Hager case” (American U. law professor Mark Hager, settlement of Warner-Lambert Nix lice treatment case), Feb. 23 (& update May 3, 2001: board recommends three-year suspension). 

New legal ethics weblog” (ethicalEsq.?), Jun. 6-8, 2003.

Judicial conduct, 2003:Year’s most injudicious judges”  (NLJ roundup), May 6. 2002:‘Federal authorities say judge offered illegal payoff’“, Sept. 3-4; “‘Privileged chambers’” (Albany Times-Union series), May 30; “‘Injudicious conduct’” (NLJ roundup), May 1-2; “La. officials seek oyster judge recusal“, Mar. 25-26; “So depressed he stole $300K“, Mar. 19.  2001:‘Pseudologica fantastica’ won’t fly” (judge’s resum?ibs), June 7 (& update Aug. 20-21); “‘Judges behaving badly’” (NLJ roundup), May 11-13.  2000:Year’s most injudicious judges“, Jun. 5, 2000; “Brockovich story, cont’d: the judges’ cruise“, Apr. 18; “New Hampshire high court blowup“, Apr. 5 (& updates Oct. 11: chief justice acquitted at impeachment; May 3, 2001); “The costs of disclosure” (Washington state, Grant Anderson case), Jan. 19. 

Class action lawyer takes $20 million from defendant’s side“, Mar. 15-16, 2003.

Politico’s law associate suspended over ‘runner’ use” (Louisiana), Feb. 14-16, 2003.

Civility:Law’s attraction for the bully“, Dec. 13-15, 2002; “‘Attorney Ordered To Pay Fees for “Rambo” Tactics’“, Oct. 5-7, 2001; “Mills of legal discipline” (Geoffrey Fieger tirade against judges), May 3, 2001 (& more on Fieger: Apr. 23-24, 2002, Sept. 14, 1999; “Another Mr. Civility nominee” (“dreck”, “scum”), June 2-4, 2000; “From the incivility frontier” (“gag a maggot off a meat wagon”, “proctology exam”), April 19; “Majesty of the law” (alleged threat to kill opposing counsel), March 13, 2000 (& update May 17: attorney sanctioned); “Bright future in some areas of practice” (“abusive, hostile” applicant for law license), Oct. 13, 1999 (update, Nov. 23). 

Race-bias cases gone wrong“, Jan. 24-26, 2003.

Lawyers fret about bad image” (Fla. bar plans to rate and monitor tone of journalists’ coverage), Oct. 3, 2002. 

FTC cracks down on excessive legal fees“, Oct. 1-2, 2002. 

Second Circuit: we mean business about stopping frivolous securities suits” (scope of Rule 11), Aug. 29-Sept. 2, 2002. 

Lawyer’s 44-hour workday“, Jun. 28-30, 2002; “Charged $16,000 for brief he copied from book“, May 17-19, 2002; “Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Law-firm bill-padding?  Say it isn’t so!“, Nov. 18, 1999. 

‘Student gets diploma after threatening lawsuit’“, Jun. 13, 2002.

Truth value, 2002:Lying’s not nice, especially when representing the bar“, Jul. 30-31; “Columbia Law School survey on public attitude toward lawyers“, Apr. 26-28; “‘Ex-student sentenced for rape lie’” (wants to become attorney), Jan. 11-13 (& see May 26-29, 2000: Stephen Glass graduates Georgetown Law).  2001: Criminal defense attorneys, doing what they do best“, Dec. 15-16; “‘Lawyers pay price for cruel hoaxes’” (phony heir claims after plane crashes), Aug. 3-5; “‘Lie-tery winners’“, April 20-22.  2000:What was the Florida court thinking?” (Boies-submitted affidavit), Dec. 11-12; “‘Judge Lenient With Perjurer, Cites Clinton Case’“, Oct. 16-17 (& May 16); “The judge wasn’t asleep” (sanctions for submission of dubious affidavits), June 14-15.  1999:If true, then all the better” (excerpt from Campos, Jurismania), Dec. 3-5; and see witness coaching, below. 

‘”Little” done for firm, Rendell says’” (law firms provide no-show jobs for politicians), May 9, 2002. 

‘Former clients sue attorney O’Quinn’” (Kennedy Heights case), Apr. 8-9, 2002 (& Aug. 4, 1999).

Gary & Co. shenanigans at Maris trial“, Apr. 1-2, 2002. 

Lawyers stage sham trial aimed at inculpating third party“, Mar. 22-24, 2002. 

Disclosure:Lending rules trip up litigation-finance firms“, Dec. 3, 2001; Letter to the editor (incremental billing disclosed?), Oct. 22, 2001; “Trial lawyers knew of tire failures, didn’t inform safety regulators“, June 25 (& June 28)(& letter to the editor, July 6); Letter to the editor (ghostwriting), June 13; “ABA’s toothless ethics proposals“, Jan. 17, 2001; “Contingency fee reform“, Nov. 1, 2000. 

Contingent fees, 2001:Lending rules trip up litigation-finance firms“, Dec. 3; “Red-light cameras“, Sept. 6, 2001; “‘The Louima millions’“, July 24; “The rest of Justice O’Connor’s speech“, July 6-8; “Evils of contingent-fee tax collection, cont’d“, May 30; “Reclaiming the tobacco loot“, March 15; “Hugh Rodham’s ‘success fee’“, Feb. 23-25; “Dangers of tax farming“, Jan. 10 (& letter to the editor, Jan. 16).  2000:Contingency fee reform“, Nov. 1; “‘Lawyer take all’” (equity stakes in clients), Oct. 27-29.  1999:Piece of the action” (contingent fees for public officials), Dec. 3-5; “Reform stirrings on public contingency fees“, Oct. 15.

Witness coaching, 2001:GAF sues asbestos lawyers“, Feb. 12-13, 2001 (& see Dec. 10).  2000:‘N.Y. lawyer charged in immigrant smuggling’“, Sept. 22-24; “Sunday’s Times on Fred Baron“, June 5 (& see “Thanks for the memories” by Walter Olson, Reason, June 1998 and subsequent letters exchange with William Hodes).  1999:State of legal ethics” (hey, what’s wrong with witness coaching?), Sept. 9. 

‘The Great Mouthpiece’” (Manhattan’s Bill Fallon, 1920s), Dec. 28, 2001. 

‘Halliburton shares plunge on verdict’” (law-firm whistleblowing), Dec. 10, 2001. 

‘2d Circuit Upholds Sanctions Against Firms for Frivolous Securities Claims’“, July 23, 2001 (more on sanctions: Jul. 30-31, 2002). 

Estate law temptations“, July 6-8, 2001; “Lawyers charged with $4.7 million theft from clients“, April 10, 2000; “Lawyers stealing less, clients say“, Dec. 21, 1999. 

Lost his live client, had to substitute dead one instead“, April 11, 2001; “Turn of the screw” (lawyers alleged to have sued without client consent), Oct. 24, 2000; “Curious feature of lawyer’s retainer” (allowed him to settle case without client consent), Sept. 12, 2000. 

‘It’s time to disarm the hired guns’” (Arianna Huffington), Feb. 28-March 1, 2001; “Trustworthy professionals” (survey of public confidence), Dec. 11-12, 2000. 

Fed prosecutors chafe at state ethics rules“, Oct. 16-17, 2000. 

Lenzner: ‘I think what we do is practice law’” (private investigator in Oracle scandal), July 28-30, 2000. 

Access to something” (lawyer accused of working for Social Security Administration while helping clients sue it), July 13, 2000. 

Ready to handle your legal needs” (Stephen Glass graduates Georgetown Law), May 26-29, 2000. 

Steering the evidence” (DaimlerChrysler gets sanctions against lawyers for evidence and witness tampering), May 23, 2000 (& update June 26). 

‘Ad deal links Coke, lawyer in suit’” (Willie Gary, suing Coca-Cola on behalf of clients, enters into a lucrative ad deal with it), May 11, 2000. 

Splash of reality” (sanctions for frivolous litigation in case of claimed Jackson Pollock painting), May 4, 2000. 

Brockovich story, cont’d: the judges’ cruise“, April 18, 2000; “Brockovich story breaks wide open“, April 17, 2000 (& see Dec. 21). 

Majesty of the law” (Phila. attorney Marvin Barish could face sanctions for allegedly threatening to kill opposing counsel during trial break), March 13, 2000; “Relax, you’re being taken care of” (Barish advances injury client’s rent and expenses), Dec. 14, 1999. 

Legal ethics meet medical ethics” (lawyers advise schizophrenic murder defendant to go off his medication for trial), Feb. 26-27, 2000. 

Secrets of class action defense” (assisting cooperative opponent to draft complaint), Feb. 25, 2000. 

Watchdogs could use watching” (fee-splitting in Florida securities cases), Jan. 20, 2000. 

The costs of disclosure” (lawyer reveals misconduct by client, judge), Jan. 19, 2000; “Pack your toothbrush, son” (Ala. law-firm whistleblower), Dec. 20, 1999. 

Popular CLE course: ‘How to Hammer Allstate’” (insurer charged with unauthorized practice of law), Dec. 22, 1999 (update, April 18, 2000). 

Splitsville, N.Y.” (New York mag on divorce), Dec. 17-19, 1999. 

Victory in Florida” (plaintiffs deliberately run up gunmakers’ costs for leverage), Dec. 14, 1999. 

Weekend reading: evergreens” (St. Petersburg Times Pulitzer series on probate law), Dec. 3-5, 1999; “From the evergreen file: L.A. probate horror” (estate of art collector Fred Weisman), Nov. 20-21; “Weekend reading: evergreens” (Denver probate nightmare), Oct. 23-24, 1999. 

Class action fee control: it’s not just a good idea, it’s the law“, Nov. 30, 1999; “Class action coupon-clippers“, Nov. 15; “$49 million legal fee okayed in case where clients got nothing“, Sept. 28, 1999. 

Accommodating theft“, Nov. 11, 1999. 

Who loves trusts-and-estates lawyers?“, Nov. 8, 1999. 

Criticizing lawyers proves hazardous“, Nov. 4, 1999 (update, Nov. 30); “No spotlight on me, thanks” (Houston’s John O’Quinn), Aug. 4, 1999. 

State of legal ethics” (lawyers take out glossy ad to stir up will-contest litigation), Oct. 5-6, 1999. 

Weekend reading: evergreens” (lawyer-abetted accident fraud), Sept. 25-26, 1999; “Wages of wrongdoing” (Staten Island lawyers convicted), Sept. 8, 1999. 

Join our new Verdict Rewards program” (checks for jurors), Sept. 13, 1999 (updates, Sept. 17-19, 1999 and Aug. 4-7, 2000). 

Cook County law bills a secret“, Sept. 11-12, 1999. 

My lawyer is an impostor“, Sept. 3, 1999. 

ABA thinks it can discourage ‘pay-for-play’“, Aug. 11, 1999 (& Aug. 14-15 update). 

Like calling the Orkin man to talk about bugs” (ABA convention), Aug. 10, 1999; “Weekend reading” (ABA choice of speakers), Aug. 28-29, 1999. 

No need for speed“, Aug. 3, 1999. 

Weekend reading” (at execution sale, law firm buys up client’s right to sue it for malpractice), July 31-Aug. 1, 1999. 

Honey, you’ve got mail” (solicitations from divorce lawyers arrive before unsuspecting spouses know they’re being divorced), July 15, 1999.


Articles by Overlawyered.com editor Walter Olson:

Thanks for the memories” (coaching of witnesses), June 1998 (& subsequent letters exchange with William Hodes) 

Tobacco Analysts Meet the Plaintiff’s Lawyers” (abuse of pretrial discovery), Wall Street Journal, August 30, 1995. 

Juries on Trial“, review of The Jury by Stephen J. Adler and We the Jury by Jeffrey Abramson, Reason, February 1995. 

Sue City: The Case Against the Contingency Fee“, excerpt from The Litigation Explosion, Policy Review, Winter 1991 [in two parts] [part one] [part two

Dentists, Bartenders, and Lawyer Unpopularity“, Manhattan Institute Civil Justice Memo #37, April 1999. 

Lawyers with Stethoscopes: Clients Beware“, Manhattan Institute Civil Justice Memo #26, June 1996. 

Taming the Litigators: Why Not More Disclosure?“, Manhattan Institute Civil Justice Memo #24, February 1996.


Codes of ethics:

ABA Center for Professional Responsibility
Overview — Rules of Lawyer Conduct
U.S. Judges Code of Conduct
California Rules of Professional Conduct
D.C. Rules of Professional Conduct

Some online articles of interest:

James McCauley, “The Ethics of Making Legal Services Affordable…” (Virginia bar; discusses unauthorized practice, pro se litigation) 

Rep. Chris Cox, Testimony on tobacco settlement (1997)

Lawrence Schonbrun, “Class Actions: The New Ethical Frontier” (Manhattan Institute, 1996)