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Editorials
Lawyers feel sting of absurd verdict
02/15/2004
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Tort reform may start finding new friends.

Pundits have argued that real tort reform will only come when the lawyers start suing the other lawyers. A verdict last week in Jackson indicates that time has arrived.

The law firm of Baker, Donelson, Bearman, Caldwell & Berkowitz, one of the fastest growing law firms in the country, was slapped by a Hinds County jury with a judgment of $1.345 million for giving bad advice to an insurance company.

On the face, it seems a crazy case. The plaintiff got in a fight outside a hotel. As a result, the plaintiff was sued for $2,900. He lost in a jury trial. The plaintiff then filed an insurance claim to be reimbursed. The insurance company denied the claim after consulting with its attorneys at Baker Donelson.

The plaintiff first sued the insurance company, and he received $500,000 in a settlement. Then, with the insurance company's blessing, he turned around and sued the lawyers.

The attorney for Baker Donelson was amazed, noting that the plaintiff "has gotten $1.845 million for a parking lot brawl. The guy who lost the fight got $2,900."

There have been some strange verdicts come out of Hinds County and this seems to be another one. Hinds County jurors don't seem to often side with deep-pocketed defendants - neither big insurance companies nor, apparently, big law firms.

We're not sure how a parking lot fight gets translated into that much money. But what's really unusual is the fact that the law firm was sued. In most states, attorneys and law firms are protected when giving advice to clients. This is truly opening up a Pandora's Box.

Surely this will be overturned by the state Supreme Court. With Oliver Diaz on the sidelines and Chuck McRae gone, the court is no longer a rubber stamp for every outlandish verdict that comes down the pipe.

It will, however, cost tens of thousands in legal fees to appeal this case. The idea of an expensive law firm having to pay another expensive law firm to defend itself from tort abuse is, well, ironic, to say the least.


©Greenwood Commonwealth 2009


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