John Edwards, Esq.

An excellent October 2001 article by Joshua Green about trial lawyers and John Edwards in particular from The Washington Monthly. Some excerpts, though the whole article is well-worth reading:

As it happens, Edwards’ professional biography bears a much closer resemblance to the crusading protagonist of a John Grisham novel than to the ambulance-chasers who solicit on late-night cable.

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The defining case in Edwards’ legal career wrapped up that same year. In 1993, a five-year-old girl named Valerie Lakey had been playing in a Wake County, N.C., wading pool when she became caught in an uncovered drain so forcefully that the suction pulled out most of her intestines. She survived but for the rest of her life will need to be hooked up to feeding tubes for 12 hours each night. Edwards filed suit on the Lakeys’ behalf against Sta-Rite Industries, the Wisconsin corporation that manufactured the drain. Attorneys describe his handling of the case as a virtuoso example of a trial layer bringing a negligent corporation to heel. Sta-Rite offered the Lakeys $100,000 to settle the case. Edwards passed. Before trial, he discovered that 12 other children had suffered similar injuries from Sta-Rite drains. The company raised its offer to $1.25 million. Two weeks into the trial, they upped the figure to $8.5 million. Edwards declined the offer and asked for their insurance policy limit of $22.5 million. The day before the trial resumed from Christmas break, Sta-Rite countered with $17.5 million. Again, Edwards said no. On January 10, 1997, lawyers from across the state packed the courtroom to hear Edwards’ closing argument, “the most impressive legal performance I have ever seen,” recalls Dayton. Three days later, the jury found Sta-Rite guilty and liable for $25 million in economic damages (by state law, punitive damages could have tripled that amount). The company immediately settled for $25 million, the largest verdict in state history. For their part, Edwards and Kirby earned the Association of Trial Lawyers of America’s national award for public service.

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If the definition of insanity is doing the same thing over and over but expecting a different result, then clearly lawyers like John Edwards drive GOP operatives crazy.

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For all the noise Republicans make about trial lawyers interfering with the free market, most people prefer driving on tires that don’t explode, living in homes with insulation that won’t kill them, and raising babies in cribs that won’t strangle them. They aren’t particularly bothered if it takes fear of litigation to bring these things about.

Link via Slactivist via Eschaton.