procedures and litigation

Walter Olson's The Rule of Lawyers is a highly relevant book for our ever more litigious society. In a well-written 307 pages, Olson presents a scathing indictment of what he refers to as "the Fourth Branch of Government"- trial lawyers. Olson clearly and persuasively argues in this book against the tort industry- beginning the book with a history of how our nation has allowed open season on a variety of industries- tobacco, car manufacturers, and gun manufacturers (among others) and walks the reader through the various campaigns the litigation elite have waged against Dow Corning, asbestos suppliers, and others. Olson also examines other litigation phenomena such as how TV newsmagazines act as mouthpieces for trial attorneys and how attorneys manipulate our jury system to achieve huge verdicts for their clients. Particularly interesting to me was the chapter entitled "The Jackpot Belt" where Olson analyzes trends in jury awards in states from Texas to Florida (the Jackpot Belt supposedly stretches from Beaumont to Pensacola) where juries have been especially generous in punitive damage awards.

I would recommend this book for anyone from lawyers, to law students or even to the layperson with an interest in this subject. Olson avoids technical, complex language and jargon and the book is highly readable.

As a former (and now retired) business lawyer in California, I have observed the antics (and, yes, the anti-social tendencies) of the class action trial lawyers over the years with a great deal of embarrassment and chagrin, and have wondered how and when they would be reined in. That day is still a ways off, unfortunately, for the reasons Mr. Olson relates in his book.

Mr. Olson "tells it like it is," citing a mountain of well-researched facts and anecdotes, and he builds his case with the reader relentlessly. The author demolishes the myths that the trial lawyers' bar would have us believe, and explains why the system is out of control. Concludes he, "Year upon year we do nothing to govern our elite litigators, and the result at length is that they have decided to govern us." The ultimate victims are the taxpayers and the integrity of the legislative and judicial system.

This book should be required reading of every legislator and judge, both federal and state, as well as by every well-informed American, whether of conservative, liberal, moderate or agnostic bent. I rarely write book reviews for posting on www.Amazon.com, but this book was extraordinarily good.

Walter Olsen has done a fine job of analyzing the inherent conflict of interest between the legal profession and Justice and the threat it posses to the ideals of Democracy.

Even those who support our odd system of civil justice will find things to think about.