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John Stossel: Journalistic Hypocrisy

07/09/10 · 11:11 am :: posted by Bruce Bierhans     

"Hypocrisy is a fashionable vice, and all fashionable vices pass for virtue." Moliere.

On July 7, 2010, John Stossel (a parttime Wellfleet resident) penned an article entitled "Parasitic Tort Lawyers". After acknowledging that lawyers can "help their clients" he then goes on to conclude that "trial lawyers" are akin to "nuclear missiles". He says, "We need them to keep us safe. But we avoid using missiles because we understand the collateral damage they do." He then goes on to explain why he calls lawyers "parasites".

Now folks, don't get me wrong. There are bad lawyers out there as there are bad actors in every profession. Many people rail against the "contingent fee", but without it, the average guy wouldn't be able to hire a lawyer to litigate against a corporation or a more formidable adversary. We win some and we lose some. In one noteworthy case of mine, I worked for 6 years on the case to advance an "informed consent" theory on behalf of the 10,000 hemophiliacs (most of whom were infected while children) that died from AIDS infected clotting concentrate in the 1980's and 1990's. The Worcester jury found one physician negligent on two counts, but awarded no money because I was unable to prove which "lot" of concentrate was the actual killer. However, they concluded that the physician should have warned the patient and the parents of the risk of dying from AIDS. The case strained my firm, but I'd do it again tomorrow if I believed in the cause. The parents of this young man have been like family to me since I tried the case in 2001.

Now, what Stossel doesn't mention is that in 1984, after he was assaulted by wrestler David Schultz, he filed a lawsuit against the WWF and settled out of court for $425,000.00. Prior to filing the lawsuit, Schultz had issued a formal apology, and Stossel said he would be "less likely to sue" if the after effects of his injury disappeared. I don't know what after effects, if any, Stossel suffered.

As a trial lawyer, I know, and expect, that I and my colleagues will occasionally be kicked around. However, I am proud of what I do and have a file filled with thank you's from people and businesses I have represented over a 28 year period. What I don't like is being called a parasite by an self righteous journalist  that didn't hesitate to use the system when he was the victim.

Bruce A. Bierhans

 

 

22 comments
Blog posts and comments are entirely the thoughts and ideas of the people who write them and in no way represent the views of CapeCodToday.com, eCape, Inc., or its employees or owners.

07/09/10 @ 12:01 pm
Monponsett [Member] writes:
Dr. D. David Schultz slapping up Stossel was one of the great moments in sports history.

http://www.youtube.com/watch?v=zrX9Ca7LSyQ
 [ Show all comments by this user ]
07/09/10 @ 12:25 pm
Monponsett [Member] writes:
$212,500 a slap....hehehe...sh*t, I'd let Dr. D slap me for that money, and I'm a soccer mom.

In all fairness to Stossel... I think his eardrum popped, hence the big bucks. The WWF paid it- gladly- and soaked up all the free advertising it got on the news.
 [ Show all comments by this user ]
07/09/10 @ 3:58 pm
Richard [Member] writes:
I read that same article, Bruce, and I homed right in on the part where he said that he learned from several folks he had referred to certain attorneys that the lawyers got "most of their money." Now, we both know that the standard contingent fee is one-third, and 40 percent is not unheard of in complex cases. That is in addition to case expenses, where the rules of ethics prohibit champerty, and case expenses must therefore be ultimately borne by the client. Can that, sometimes, exceed 50 percent in complext litigation? Maybe so, but so what? That kind of case, if successful, invariably leads to large awards with the client getting significant compensation which would not have happened without the effort and skill of the trial lawyer.

When I read Stossell's complaint about the fees, though, it occurred to me that, maybe, his real gripe was that he didn't get anything for referring the cases -which, as we know, would also be contrary to the rules of ethics.
 [ Show all comments by this user ]
07/09/10 @ 4:40 pm
Bruce Bierhans [Member] writes:
Richard: In 28 years, I have never had a client complain about the contingent fee in a case that I settled, or in which I prevailed at trial. In addition, I can only recall one case where I lost, and the client was thankful for the effort and actually insisted on reimbursing me for my out of pocket expenses. As you know, most lawyers end up eating their expenses in high risk cases that they lose.

Bruce
 [ Show all comments by this user ]
07/09/10 @ 4:54 pm
Monponsett [Member] writes:
Bruce... if you want... take that link I left, open EDIT on the article, and click the little film strip icon in the edit box... put the link in where it says "URL," and VOILA... you'll have the video in the body of the article.

It would really add spice to the piece... you lawyers tend to be a bit dry sometimes.
 [ Show all comments by this user ]
07/09/10 @ 5:45 pm
Richard [Member] writes:
Indeed, Bruce, I've also eaten some expenses in cases lost at trial, but Stoessel was talking about cases where the plaintiffs won, where there was money for both the attorneys fee and repayment of moneys advanced for expenses, as well as compensation for the injured plaintiff.

 [ Show all comments by this user ]
07/09/10 @ 6:18 pm
Buzz [Member] writes:
Richard, Bruce, Love to hear your opinions on class action lawsuits where the plaintiffs are left with a "redeemable coupon" and the lawyers get all the money. Happens all the time. The attorneys are never in it for the plaintiffs, just for themselves.
 [ Show all comments by this user ]
07/09/10 @ 9:32 pm
Richard [Member] writes:
Buzz,

If you had a brain you'd be dangerous. Large class action suits exist mainly because the size of the individual claims are so small no lawyer could afford to take an individual case. That's especially true where the defendant, typically, is a large mega corporation.

A credit card company, say, has nicked 150,000 customers for $20 a pop annually over the past five years. So any one of them could sue this major corporation for $100, while spending thousands for financial experts to testify how and why the company has cheated him. No lawyer in his right mind would take that case on contingency, legal services lawyers can't because of massive defunding since the Reagan era, and the client could not pay the $200 per hour or so, plus expenses, on an hourly fee agreement. So the company skates and continues to cheat the customers in your little "free market" wonderland.

When a lawyer succeeds on a class action suit, each class member typically gets a small recovery compared with the legal fee because each individual claim is small to begin with. Do the math. Duh!
 [ Show all comments by this user ]
07/09/10 @ 11:36 pm
crusader [Member] writes:
"Buzz, If you had a brain you'd be dangerous".....

hehehe...
 [ Show all comments by this user ]
07/10/10 @ 1:29 pm
Gimme Some Roy [Member] writes:
Don't you just love it when Richard talks about "E T H I C S" ?
 [ Show all comments by this user ]
07/11/10 @ 9:39 am
wise [Member] writes:
Just another lawyer being defensive....
 [ Show all comments by this user ]
07/11/10 @ 1:46 pm
New Jersey Rog [Member] writes:
Richard posts: "Buzz, If you had a brain you'd be dangerous. Large class action suits exist mainly because the size of the individual claims are so small no lawyer could afford to take an individual case."

That being the case, why would an individual bother suing? The answer is, they don't. It's the lawyer(s) who initiate class action suits and set about seeking clients. Since there isn't much in it for the clients one must ask: For whose benefit do the lawyers file these cases? Remember, by your own admission, it isn't the clients who stand to gain. Three guesses.

Your problem is Buzz does have a brain and you don't like what it's telling him, so you resort to insults. Which, by the way, are the currency of the intellectually bankrupt.
 [ Show all comments by this user ]
07/11/10 @ 11:40 pm
Richard [Member] writes:
Hey Joisey

Class action suits aren't intended to benefit individual plaintiffs but to keep corporations honest by preventing their various scams designed to make millions by cheating thousands of customers out of a few dollars at a time -taking such a small amount from each customer that it's impractical to sue individually.

So, what your saying about the lawyers is they are bad because they get more from the crooked corporate weasels than the clients, so the weasels should be left alone to keep ripping everyone off. That's some set of values you got there.

Plus, it's not necessarily the lawyer who initiates a class action suit. Often the lawyer is hired by a non-profit public interets group, an environmental group or consumer advocacy group. Your sleasy pals in the big mega corporations just hate when that happens, too. I mean, getting beat by a non-profit! It's not fair!

BTW, Buzz is no stranger to the insult either and has been known to call me things like ambulance chaser -despite the fact that I don't even advertise.
 [ Show all comments by this user ]
07/12/10 @ 12:05 am
coyrat [Member] writes:
I do it for the "general welfare",out of the kindness of my heart.
What would society do without you?
Oh,I know,we would still be able to help our friends,neighbors,and the elderly without considering our exposure to frivolous lawsuits.
No profession has done more damage to our society than yours.
Anybody that has something to lose,has to consider this threat,in every move, every day.
In most cases,you can not risk the exposure,by doing someone a favor,or something for free.
Can you let the 12 year old kid from down the road push a lawnmower around your yard any more?
No.
Every aspect of society suffers because of your greed.
 [ Show all comments by this user ]
07/12/10 @ 7:01 am
Bruce Bierhans [Member] writes:
Coy: Suffice it to say that, in my opinion, no profession deserves the broad brush approach you have taken. As for "greed"; I personally have never been called greedy, and I give back to my community every day on multiple levels. And...while I understand that you would never come to me if you were somehow victimized; I would do the best I could for you if you did.

By the way; isn't it possible for people to post and state their opinions without insulting each other?

Bruce
 [ Show all comments by this user ]
07/12/10 @ 7:12 am
possee [Member] writes:
Bruce

Your counterpart prefaces all his attacks on those who disagree, with snide opening salvos on a daily basis..
, it's ok cause he's practicing law..

and above the uninformed that permeates this site..

just as politicians are for the common good to serve the people..then again, most are lawyers.

possee
 [ Show all comments by this user ]
07/12/10 @ 7:29 am
Bruce Bierhans [Member] writes:
There is an organization to which I have belonged for years known as the "American Inns of Court". Lawyers and judges that work together to promote the efficient administration of justice, as well as "civility" in the practice of law. Civility is a worthy goal for all of us.

Bruce
 [ Show all comments by this user ]
07/12/10 @ 7:35 am
Dave Kent [Member] writes:
Bruce,

Keep up the good work posting your thoughts and ignoring the invective that you'll receive from some camps. Several of the posters on this this site view the world in black and white, enemy or friend terms. If they start perceiving you as an enemy because of your general political beliefs or, in this case, because they don't like your profession they train their guns on you without weighing your arguments. And then civility goes out the window.

Unfortuntely, it's just life here.
 [ Show all comments by this user ]
07/12/10 @ 7:44 am
possee [Member] writes:
Bruce..

There are many in the profession who uphold the oath, yet they seek no attention and carry themselves with honor day to day.

One of my attorneys is just that..Heads the Democrat Party caucus off Cape,strong values, and though we disagree politically, we remain friends for 40 years and counting.

He's the first to admit the corruption and deeds of his fellow attorneys and politicians.
they are in the minority

but get all the attention..



possee
 [ Show all comments by this user ]
07/12/10 @ 8:48 am
coyrat [Member] writes:
Bruce,
It appears you have been caught it the crossfire.
That post was mainly directed at Richard.
This is a man that routinely paints half of the electorate,with a broad brush.
My opinion remains that litigation by the unscrupulous in your profession is creating incredible damage to the way we as a society think,and act.
There is no such thing as an accident anymore.
There is no such thing as stupid anymore.
Every time a judment is won,for someone that had an accident,or does something stupid,a new law,rule,or insurance regulation is put in place.
The rest of society pays,monetarily,through insurance hikes,requirements, with liberty,or both.
Kids can't have a pickup baseball game down at the ball field because of town liability regulations.
So they sit around and get fat, playing video games,and we start a new government obesity program to solve the problem.
It is an endless assault.
It is killing America's innovation,and competitiveness.
 [ Show all comments by this user ]
07/12/10 @ 10:03 am
crusader [Member] writes:
Dave,

You're catching on....I'm surprised Bruce is not already aware....

"If they start perceiving you as an enemy because of your general political beliefs or, in this case, because they don't like your profession they train their guns on you without weighing your arguments. And then civility goes out the window"....

Banter is desired since it probably boosts activity. Some are paid bloggers with a vested interest and hidden agenda.

Bruce,

I wanted to mention--lenders are beginning to be held accountable in class action suits on their predatory lending schemes. The AG has been successful in lawsuits with several as you may be aware and although it seems to be an ongoing battle--there is some progress.

I was curious to know how class action suits actually get started. Is there a number of complaints that need to be filed before it goes forward?

I don't believe all lawyers as bad. It's just like any other profession--and bloggers. There's good and bad in every group.
 [ Show all comments by this user ]
07/12/10 @ 1:13 pm
Buzz [Member] writes:
Richard,

I know what a class action suit is... my point was, these lawyers start these class action suits knowing there won't be any money for the plaintiffs, just fat pay checks for them.
 [ Show all comments by this user ]
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About This Blog

bruce_bierhans_183Attorney Bierhans has been practicing law for 28 years. While attending college at UMass and Suffolk Law Stchool in Boston he was an aide in the Massachusetts Senate and worked for former Cape and Islands Senator John F. Aylmer and later for Senator Joseph Timilty. He started a trial practice in Stoughton in 1982 and was a partner in downtown Boston firms from 1988-1997. In 1997, he left Boston to form his own firm in Stoughton. Bruce and his wife Nancy moved to their dream home in Wellfleet in 2000 and he now has offices in Chatham, Wellfleet and Easton.

Bruce has a broad based trial and general business practice and has represented clients and tried cases in all areas of business and tort law. He is also very active in community affairs and is on the Board of Directors of three Cape non profit organizations.  Visit Bruce's website here.

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