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David Lat's avatar

One point I thought about including in the post (but omitted for length reasons): why not work for a plaintiff-side firm? Why do so many progressive law students troop off to Biglaw after graduation?

In a recent episode of my podcast with Zach Sandberg, "Movers, Shakers, and Rainmakers," we interviewed Kelsey McCann, chief of staff at Edelson PC. She argued that at plaintiffs' firms like Edelson, you can do good AND do well (financially). She added that Edelson and other plaintiff-side firms are getting increasing interest from students at top law schools. Episode here:

https://podcasts.apple.com/us/podcast/episode-24-chief-of-staff-of-edelson-pc-kelsey-mccann/id1604244555?i=1000575802309

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Cal Law Guy's avatar

The notion that large corporations are inherently evil or are presumptively harming people or the environment intentionally is totally detached from reality, which I suppose is par for the course for progressives.

In my 12 years of BigLaw practice as a litigator and regulatory attorney, I have never once represented a public corporation that had knowingly or intentionally violated the law or had any intention of violating the law, nor have I ever talked to any colleague that has ever had that experience. In fact, of the hundreds, maybe thousands, of claims I've defended on behalf of large companies, a small handful, less than 5, actually had merit.

Legal departments in the Fortune 500 are almost entirely dominated by left-leaning lawyers who were trained at left-leaning firms, though many come to appreciate how astonishingly asinine blue state laws are. Regardless of political affiliation, attorneys at public companies are all uniformly risk adverse. Even large, closely-held businesses in the US, with very few exceptions, are extremely risk adverse . . . to a fault. The idea that they would tolerate even borderline illegal behavior is fanciful.

The reality is that US corporations operate in a legal system that is virtually always stacked against them. Tort laws in the US overwhelming serve only to transfer wealth from businesses to plaintiff's attorneys. Vanishingly few lawsuits filed in the large US jurisdictions against big businesses have merit and even those that do typically present trivial claims.

When I discuss such topics with lefty friends, I always come back to the same question: why is it that it's only you and your progressive friends that know these deep, dark secrets about society and "the system?" The answer is that it's because they're eyes are open, they're not greedy, they care, they are SPECIAL, which is what this is really all about: them.

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