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I've always had a soft spot for liberal country lawyers . . . Abe Lincoln, Clarence Darrow,

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bigtree Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 09:43 PM
Original message
I've always had a soft spot for liberal country lawyers . . . Abe Lincoln, Clarence Darrow,
Edited on Thu Jan-24-08 09:47 PM by bigtree
. . . John Edwards.

Most folks don't know that Lincoln began his career as a lawyer/lobbyist for the early railroads.

and, Darrow (from Wiki): Darrow began his career as a lawyer in Youngstown, Ohio, where he was first admitted to the profession. He subsequently moved to Chicago, Illinois, where he soon became a corporations lawyer for the railroad company. He only went to law school for one year. His next move was to "cross the tracks," when he switched sides to represent Eugene V. Debs, the leader of the American Railway Union in the Pullman Strike of 1894.


In a famous essay Robert Jackson offered his own description of the country lawyer:

"The county-seat lawyer…has been an American Institution...He was not always popular in his community, but he was respected. Unpopular minorities and individuals often found in him their only mediator and advocate. He was too independent to court the populace – he thought of himself as a leader and lawgiver, not as a mouthpiece. Often his name was in a generation or two forgotten. It was from this brotherhood that America has drawn its statesmen and its judges."


James A. Knecht, Justice of the Appellate Court of the 4th District of Illinois weighs in:

"I believe the county seat lawyer who accepted almost every client who walked in the door and who agreed with a handshake or a nod of his head to a colleague's request for a continuance, who met for coffee with other lawyers but also the people of the town, and ate at the lunch counter and sipped a beer in the dark, cool of a corner saloon, who had a mastery of the language and who could draft a will or cross examine a witness, and play cards with the Sheriff but challenge him on the arrest of a client - who could argue and fight and laugh and tell stories -some even true - those lawyers were the craftsmen of a way of life which had to change, but for a time they were the knights errant of the prairie, and were men to be admired for their versatility and their willingness to do the best they could for every client no matter his social station or race…If more lawyers today, and politicians and men and women of business, understood small town America and understood the people of their time and place - and spent more time in pool halls studying the human condition - the world would be a better place."


FindLaw profile: http://news.findlaw.com/newsmakers/john.edwards.profile.html

As a veteran trial lawyer, John Edwards brings to his Vice Presidential candidacy years of legal experience honed in personal injury cases in state and federal courts. Until he graduated law school at the University of North Carolina, he explains in his autobiography The Four Trials, "There were no lawyers in my extended family. There were millworkers, grocery clerks, ministers, Marines, boxers - but not lawyers." When he was eleven years old, Edwards wrote that he wanted to be a lawyer "to protect innocent people from blind justice the best I can." Edwards pursed this vision trying to live his life by righting wrongs, captivated by television shows like The Fugitive and Perry Mason. Twenty-seven years after he passed the bar exam, Edwards' track record as a litigator remains remarkable: according to North Carolina Lawyers Weekly, he obtained verdicts and settlements for his clients totaling more than $175 million over his career.

Edwards' successful track record as a trial lawyer is intimately connected to his skill at communicating his clients' cases to juries. He is a master of breaking down sophisticated medical terms into layman's language, and known for his meticulous trial preparation.

The wide variety of personal injury cases that Edwards accepted (some of which are detailed in his Thomson Legal Record and on Westlaw) were generally complex, and typically involved life-altering tragedies. He obtained multi-million dollar verdicts and settlements for catastrophic birth injuries to newborns. In the 1988 case of a couple whose daughter suffered cerebral palsy when a doctor and hospital staff failed to timely respond to fetal distress, Edwards' and his legal team won a $1.5 million pre-trial settlement against the obstetrician, and $6.5 million trial verdict against the hospital (later reduced to $4.25 million). In another case involving birth-related injuries, including cerebral palsy, he secured a jury verdict of more than $23 million.

Edwards' first big damages award involved the medical malpractice case of E.G. Sawyer, a salesman who sought medical help for his drinking problem. Instead of help, however, he received a debilitating overdose of Antabuse, the drug used to control alcoholism. Edwards showed the jury that the doctor and hospital gave his client three times the maximum daily recommended drug dosage, resulting in permanent brain and nerve damage. A judge warned him that local "juries down here don't award more than a hundred thousand dollars." Since the plaintiff was an alcoholic, the judge added, he said Edwards' client would lose the case. The jury's disagreed, awarding Mr. Sawyer damages of $3.7 million. Injuries and wrongful death lawsuits from motor vehicle accidents involving cars and trucks were also a staple of Edwards' law practice. Reported settlements for some of these included damage awards of $3 - $5.89 million. Settlements in some of his other, similar cases remain confidential, but may have been even higher.

Perhaps no trial victory was greater in the eyes of Edwards's fellow lawyers than his record-setting product liability award for the Lakey family, parents of a five-year-old girl whose daughter was disemboweled after she became caught in a wading-pool drain, and lived. The manufacturer, Sta-Rite Industries, knew about similar drain cover injury lawsuits involving its products, but still failed to include a warning on the drain's cover. The company initially offered Edwards' $100,000 to settle his clients' case, The jury rendered a verdict of $25 million. Under North Carolina law at the time, punitive damages could have tripled that award, but Edwards' clients settled. For that case, Edwards and his law partner were honored with a public service award from the Association of Trial Lawyers of America.


Cases fought for by Edwards, from FindLaw: http://news.findlaw.com/newsmakers/john.edwards.html

PERSONAL INJURY & PRODUCT LIABILITY CASES
Beyond representing clients in routine personal injury cases, Edwards developed a specialty in swimming pool injury cases. In one case involving a 5-year-old girl who was disemboweled by suction from a pool drain, the jury awarded her $25M, the highest personal injury award in North Carolina history at the time.

Lakey v. Sta-Rite Industries
(Wake Co. Superior Ct., NC, 1996) 5-year-old girl was disemboweled, but survived, after being caught and suctioned by wading pool's defective drain. Despite 12 prior suits with similar claims, manufacturer continued to make and sell drain covers lacking warnings. Product Liability $25M settlement

Passe v. General Transport Systems, Inc.
(Wake Co. Superior Ct., NC, 1997) 850-lb. box delivered to attorney's home, fell on him breaking his back, causing paraplegia, and confinement to wheelchair. Negligence $4M settlement

Weckbacher v. J.B. Hunt Transport
Servs., Inc.
(U.S. Dist. Ct., E.D.N.C. 1997) 33-year-old died during rescue attempt after head-on pickup–tractor-trailer collision. Settlement included worker's comp claim. Wrongful Death $3M settlement

Buck v. Atlantic Veneer Corp.
(Carteret Co. Superior Ct., NC, 1987) Worker fractured both ankles, jaw, and skull after fall from 24-foot scaffold in defendant's plywood plant. Premises
Liability $2.3M verdict

Morgan v. Southeast Jurisdictional Admin.
Council, Inc.
(Wake Co. Superior Ct., NC, 1988) 14-year-old girl rendered quadriplegic from neck injury resulting from improperly supervised dive into shallow end of defendants' pool. Premises Liability $875K settlement

MEDICAL MALPRACTICE CASES
Another specialty Edwards developed was in medical malpractice cases involving problems during births of babies. According to the New York Times, after Edwards won a $6.5M verdict for a baby born with cerbral-palsy, he filed at least 20 similar lawsuits against doctors and hospitals in deliveries gone wrong, winning verdicts and settlements of more than $60M.


Griffin v. Teague, et al.
(Mecklenburg Co. Superior Ct., NC, 1997) Application of abdominal pressure and delay in performing c-section caused brain damage to infant and resulted in child having cerebral palsy and spastic quadriplegia. Verdict set record for malpractice award. Medical Malpractice $23.25M verdict

Campbell v. Pitt County Memorial Hosp.
(Pitt County, NC, 1985) Infant born with cerebral palsy after breech birth via vaginal delivery, rather than cesarean. Established North Carolina precedent of physician and hospital liability for failing to determine if patient understood risks of particular procedure. Medical Malpractice $5.75M settlement

Wiggs v. Glover, et al. Plaintiff alleged infant's severe cerebral palsy was caused by negligent administration of pitocin, failure to use fetal monitor, or timely intervening in baby's fetal distress. Medical Malpractice 2.5M settlement

Cooper v. Craven Regional Med. Ctr., et al. Infant suffered severe brain damage after obstetrician failed to moderate use of Picotin after baby displayed clear fetal distress. Medical Malpractice $2.5M settlement

Dixon v. Pitt County Memorial Hospital
(Pitt County, NC) Birth-related injuries including cerebral palsy and mental retardation allegedly caused by obstetrician's failure to diagnose fetal distress, including umbilical cord wrapped around baby's neck prior to delivery. Medical Malpractice 2.4M settlement

Sawyer v. St. Joseph's Hospital Doctor prescribed drug overdose of anti-alcoholism drug Antabuse, resulting in permanent brain and nerve damage. Medical Malpractice $3.7M verdict

Estate of Fuller v. Mazzaglia 38-year-old female committed suicide after psychiatrist discontinued suicide watch. Medical Malpractice $2.3M verdict

Allen v. Bostic
(Forsyth Co. Superior Ct., NC, 1991) Doctor's delay and failure to properrly treat 45-year-old's severely lacerated foot ultimately required amputation of foot three years later. Medical Malpractice $.6M settlement

MOTOR VEHICLE INJURY CASES
Another specialty Edwards developed was in motor vehicle accident and injury cases involving tractor-trailers.

Howard v. Collins & Aikman Corp.
(NC Superior Ct., 1990) Suit against trucking company by estate of man killed by company driver, arguing that company acted recklessly in paying drivers by the mile, thereby encouraging unsafe conduct. Truck Accident $6.5M verdict

Kim v. Poling & Bacon Construction Co., Inc.
(Wake Co. Superior Ct., NC, 1992) Head-on car-truck collision injured 5 in car, including 7-year-old who suffered fractured skull and massive brain injury Truck Accident $5.9M settlement

Casey, et al. v. Fredrickson Motor Exp. Corp.
(Buncombe Co. Superior Ct., NC, 1991) Part-time employee suffered severe brain damage after vehicle collided with defendant's semi-truck. Truck Accident $4.5M verdict
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jackson_dem Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 09:48 PM
Response to Original message
1. Good OP!
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Drum Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 09:50 PM
Response to Original message
2. Kicking, for John Edwards.
And submitting a postulated endorsement from Atticus Finch.

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frogcycle Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 09:54 PM
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3. Matlock
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 10:01 PM
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4. Wow!
:applause:
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bigtree Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 10:22 PM
Response to Reply #4
6. I love the quote from when he was eleven
yes, wow
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jan-24-08 10:22 PM
Response to Original message
5. that`s why i supported john for president in 2004
and was pleased he was kerry`s running mate. being a lobbyest/lawyer in the 1840`s was an entirely different than what it would have been in darrow`s time. 1840`s in illinois was...well it would have been hard to tell who were the "bad guys"
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bigtree Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-25-08 08:00 AM
Response to Original message
7. Lincoln the Lawyer
Edited on Fri Jan-25-08 08:03 AM by bigtree
from WSJ Law Blog: http://blogs.wsj.com/law/2007/05/29/law-blog-history-lesson-abraham-lincoln-esq/


In an acerbic, disabused, but ultimately convincing book, “Lincoln the Lawyer,” the historian Brian Dirck argues that Linoln took away from the practice of law and the love of legal language both a feeling for “grease” — that is, for finding an acceptable middle ground between contending parties — and a habit of detachment. In the old hagiogrpahy, Lincoln the lawyer was a fiery, folksy fighter against injustice; to more recent, disillusioned revisionists, he was a corporate lawyer, a “railroad” lawyer doing the work of the new industrialists. The bulk of his legal work — which took up the bulk of his professional life — was the predictable work of a small-town lawyer with a wide practice: property disputes, petty cirminal cases, family arguments over money, neighbor at war with neighbor, bankruptcies, and, oddly, libel suits where local women defendend themselves against charges of prostitution. His practice was the legal equivalent of a small-town doctor’s, treating head colds, lice, scarlet fever, and a rare case or two of venereal disease.

What he learned was not faith in a constant search for justice but the habit of empathetic detachment. When we look closely, Dirck says, “we can see Lincoln the President trying hard to apply a lawyer’s grease to the shrill machinery of war.” Dirck insists that Lincoln’s magnanimity, which was real, should not be “sentimentalized as a form of kindliness . . . . His magnanimity was also a function of his lawyerly sense of distance from other people’s motives, and his appreciation — honed by decades of witnessing nearly every imaginable form of strife in Illinois’s courtrooms — of the value of reducing friction as much as possible. The lack of vindictiveness Linconln displayed . . . was the daily requirement of a small-town lawyer. Lincoln believed in letting go; his magnanimity was more strategic than angelic.
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Tennessee Gal Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jan-25-08 08:07 AM
Response to Original message
8. Great post!
Thank you for your research!
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