After spending the last few days in trial, I found the recent entry of Philip Thomas on his blog concerning settlement mills very timely and interesting. Philip provides a detailed discussion of a research article on this issue by Stanford Law Professor Nora Engstrom. Before I add my comments to his entry, I should first compliment my law partner Jennifer McKown on a job well done at trial this week. Typically, our firm carries 2 or more partners to each trial. Since Jen primarily worked this case, I had the opportunity to do more watching than working. So, I watched two excellent attorneys, both Jennifer and her opposing defense counsel, really show their great skills.
However, I probably should return to Philip's blog entry on settlement mills. I would encourage anyone interested in law practices to read his entry as well as the research upon which it is based. When I consider the phrase "settlement mill," I typically picture a law firm that advertises on television, takes a high volume of cases, does very little to develop or prepare their cases, and then settles as quickly as possible. Clearly, these "settlement mill" firms are not serving the best interest of each individual client. Clearly, these "settlement mill" firms are not serving the best interest of our justice system.
When I travel to larger cities, I am confronted with more settlement mill firms. However, they are now present practically everywhere. Here, in Alabama, you can see their advertisements on television. They employ well known actors to make claims of great success or use a catchy jingle that sticks in your mind. In one local advertisement, a well-known celebrity implies that "the firm" will get you maximum results. However, with a little background work, you can discover that "the firm" is really one attorney working from an office many hours away. You don't see the attorney in the actual commercial and I've never seen his name on an actual docket for trial.
On a more personal level, I frequently receive calls from injured individuals who hired one of these mills. They often call right before the statute of limitations is set to expire, barring their claim. In these cases, the settlement mill could not get their claim settled and simply did not want to go to court. Other times, the caller settled their case below its value at the recommendation of the firm and now regrets that decision. On other occasions, the caller hired the settlement mill firm and then could never speak with an actual attorney (or sometimes anyone at all who was familiar with their case). Many times, the settlement mill firm has placed their client at such a disadvantage by not working the case that any actual trial becomes a very difficult task.
What should you look for in an attorney? Look for an attorney who will actually go to trial. Look for an attorney who will actually prepare the case. A good attorney rarely needs paid celebrities or catchy jingles to market his professional services. A true trial attorney is often very selective in screening what cases he or she accepts. Then, once accepted, that attorney prepares the case as if it will go to trial.
