The Addiction Destroying the Plaintiffs’ Bar

Much has been written about the twin plagues of materialism and narcissism rotting American society from the inside out. While few appear immune, the plaintiffs’ bar is a particularly vulnerable population. These distorted values give rise to an addiction that has tainted the plaintiffs’ bar: the addiction to money and attention. Like all addictions, this one can rob us of our self-respect, relationships, sense of purpose, dignity and happiness.

Here, I am using the term “narcissism” in the colloquial sense to refer to certain personality traits we all exhibit, but in some, can rise to the level of a diagnosable personality disorder. In particular, narcissists depend on others for their sense of self. Outwardly self-confident, they feel empty inside. And confronting that emptiness feels like death itself. Rather than looking inward to the source of their discomfort, they constantly look to the outside world for assurance—assurance that they are important, they matter, and that they are, in fact, special. They often seek that assurance by exhibiting the traits of grandiosity and exhibitionism.

One can feel an inner emptiness or lack of self-worth without qualifying for a diagnosis of narcissistic personality disorder. Most of us have at least some small sparks of those feelings kicking around inside. And those small sparks can be fanned into raging fires of insecurity by the messages we get from Corporate America: “you are not good enough, and you won’t be good enough unless you buy this, wear that, or travel here.”

And so, the disease spreads. Like addicts, we try to fill the inner emptiness and pain—not with alcohol, gambling or drugs, but with external validation. Like the general population, many in the plaintiffs’ bar are addicted to money and attention—or heavily influenced by those who are. Does American culture truly value anything else? With enough money, one can get attention, and with enough attention, it is easy to accumulate money. And with enough money and attention… well, there really never is enough, is there?

For present purposes, we can define addiction as the compulsive seeking and use of a substance, or engagement in a behavior, despite harmful consequences. And, it is worth asking whether those of us who believe we are not addicted are nevertheless enabling our addicted brothers and sisters. This AI definition of “enabler” is right on point:

One example is the charging of interest on costs advanced. Millionaire lawyers, representing clients much less wealthy than themselves, somehow feel entitled (a narcissistic trait) to charge interest on costs advanced.

I need to say I have good friends I greatly admire and respect who charge clients interest on costs advanced. Most are not money/attention addicts, but, in my opinion, are simply responding to the cultural zeitgeist. “It is just good business,” they say, “everybody does it,” they note. Beyond that, they seem not to have given the matter much thought.

But things were not always this way. For decades it was considered unethical and unprofessional for lawyers to charge interest on costs advanced. E.g. Illinois Bar Opinion 380 (1949) or Illinois Bar Opinion 490 (1954). Simply stated, the majority of jurisdictions (all?) held that charging a client interest was incompatible with a lawyer’s duties to avoid conflicts of interest and to put the client’s interests ahead of their own. These opinions prioritized client protection and avoiding even the appearance of financial exploitation.

Not until 1988 did the Illinois Bar change its position on this topic—without any explanation I have found as to why its earlier decisions were wrong. Perhaps, like so many other individuals and organizations, the Illinois Bar got swept along by the glitzy, greedy energy of the 1980s, when making money became the highest value, trumping all others.

But the ethical rules “represent nothing more than ‘the lowest common denominator of conduct that a highly self-interested group will tolerate.’” See Schiltz, “On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession,” 52 Vanderbilt Law Review 871, 909 (1999). One can be morally wrong—even unethical, as that term is commonly understood—while complying with all the rules of professional responsibility. Id.

Plaintiff lawyers love to rail in court against corporations that put profit over people. What are we doing when we charge interest? Have we become what we claim we are fighting? There was a time when we held ourselves to a higher standard than run-of-the-mill businesses. Is that really true any longer?

When lawyers with eight or nine figure net worths feel the need to charge their injured and often destitute clients a few thousand dollars in interest, where does that need come from? Not from a secure, professional place.

It is commonplace for mass tort lawyers to refer to their clients as “inventory.” Again, this reflects an attitude and a value system completely aligned with how Corporate America views its consumers, and at odds with the historical ideals of our profession.

Historically, the legal profession distinguished itself from ordinary business by avoiding practices that commodify client relationships. But now, many of us eagerly adopt corporate values when interacting with our clients. Or, we tolerate and even encourage this behavior in our fellow lawyers, instead of doing what we should: shaming them. We then bemoan the fact that trial lawyers are often held in low regard.

This is not a plea for trial lawyers to give up the pursuit of money and attention. We need financial strength to effectively battle the powerful, cynical forces arrayed against our clients. Attention is needed, not just because it helps us get money, but because it offers opportunities to educate each other and the public. Plus, it feels good—in a healthy way—to be seen and appreciated. Being seen and appreciated can open us up to seeing and appreciating others. But to be healthy, we need to be mindful that money and attention can cause us to betray ourselves. These simple, one-dimensional benchmarks can seduce us into living one-dimensional lives.

What to live for if not money and attention? Finding, nurturing and clarifying our own values is difficult in a culture that force-feeds us corporate values at every turn. It calls to mind the Christian concept of being in the world, but not of it. We must continually monitor ourselves. Perhaps we can ask ourselves “why am I in this world? What am I here to manifest?” For many trial lawyers, the unacknowledged answer seems to be “to accumulate as much money and attention as possible.” This, in turn, seems to arise from an unconscious effort to prove something to themselves. That they are smart? Strong? Worthy? Lovable?

The answer will be different for each person.