Plaintiffs Firms

Debunking 3 Myths About The Mysterious Tribe Of Plaintiffs' Lawyers

Can a Biglaw attorney turn in her pinstripes and make the leap into the plaintiffs' lawyers' pond?

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Ed. note: Please welcome new columnist Jed Cain, who will be covering the world of plaintiffs’ lawyers.

Above the Law is flush with articles highlighting the discontent of you Biglaw attorneys. ATL even provided you with 10 Reasons To Leave Biglaw.

You’ve flirted with the idea of leaving. Everyone you know has flirted with leaving. But if you left, where would you go? All you’ve ever known is the world of corporate defense work. You don’t find it particularly fulfilling. Would you really be happier doing the same type of work at a smaller firm?

Before you got your job with Biglaw, you liked John Grisham novels. Now the freedom and adventure of Grisham’s plaintiffs’ lawyers just pisses you off. Plaintiffs’ lawyers have always intrigued you. But they seem to be some kind of mystical cult. Not many plaintiffs’ firms showed up at your law school to court the top 10 percent of your graduating class. You didn’t have many friends from law school that went on to be plaintiffs’ lawyers. Yet time and time again, you’ve watched this mysterious tribe go toe to toe with Biglaw’s best and walk away with multi-million and even multi-billion dollar recoveries on behalf of the victims of corporate negligence. Where do these lawyers come from? What are they like? How did they enter this mysterious tribe?

Can a Biglaw attorney turn in her pinstripes and make the leap into the plaintiffs’ lawyers’ pond? Sure. In the immortal words of Tyler Durden of Fight Club, “This is your life, and it’s ending one minute at a time.” But as you consider the leap, it might be helpful to better understand the pond in which you will be swimming. You might not be too surprised to learn that Mr. Grisham has taken a few liberties with his tales of life as a plaintiffs’ lawyer.

In an effort to clear up some of the common misconceptions that Biglaw has about plaintiffs’ lawyers, I came up with 3 myths that need to be debunked.

1. Plaintiffs’ firms are generally unsophisticated “mom and pop” operations.

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In reality, nothing could be further from the truth. Technology has virtually eliminated the productivity gap between Biglaw and plaintiffs’ firms. Tasks that once required armies of paralegals and associates can now be accomplished with a fraction of the staff. Because plaintiffs’ firms almost always lack the manpower of Biglaw, they are quick to experiment with and utilize the most advanced technology to level the playing field. Big Tobacco. Big Pharma. Big Oil. Time and time again, plaintiffs’ firms have figured out ways to compete with and beat Biglaw, to the benefit of their clients. Don’t let their more frequent casual attire fool you. Plaintiffs’ firms are just as sophisticated as Biglaw.

2. Corporate clients are more demanding than individual clients.

One of the obvious differences between plaintiffs’ lawyers and Biglaw attorneys concerns the clients they serve. Each group of clients presents a unique set of challenges. Plaintiffs’ lawyers often represent severely injured individuals who have virtually no experience with the legal system. As a result, they spend their days working with their clients as part lawyer, part teacher, and part therapist. Unfortunately, teaching and therapy classes were not included in the plaintiffs’ lawyer’s law school curriculum. Those skills are honed only through hours of working with clients through a myriad of personal issues that impact their case. It can be an exhausting endeavor.

3. Contingency fees mean less work.

Much is made of the billable-hour demands of attorneys in the world of Biglaw. While plaintiffs’ firms typically generate most of their revenue by contingency fees, they share in the misery of long hours and sleepless nights. As the saying goes: “The law is a jealous mistress and requires a long and constant courtship.” The saying is equally true for plaintiffs’ lawyers as it is for attorneys in Biglaw. Efficiency is king in the world of the plaintiffs’ bar. Revenue is not generated by hours billed. Revenue comes only with results. But results often come from long workweeks and too much time spent away from the family.

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Plaintiffs’ lawyers do things a little different. But not as different as some may think. We are a mysterious tribe of misfits and outsiders to some in the bar. I hope over the course of this column I can shed some light on the world of plaintiffs’ lawyers. It’s not as awesome as John Grisham would lead you to believe. But it’s a pretty cool way to make a living.

Jed Cain is a trial lawyer and partner with Herman, Herman, & Katz, LLC in New Orleans, Louisiana. Jed writes about family, the law, and Louisiana current events at Cain’s River. He can be reached by email at jcain@hhklawfirm.com.

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