Trial Lawyer Playbook

What is the Trial Lawyer Playbook?

The trial lawyer playbook is the oil that keeps the mass tort machine running smoothly – and it’s an abuse of our judicial system.

Regardless of the product, the trial lawyer playbook is essentially the same every time.

This type of costly and time-consuming litigation only benefits lawyers who walk away with millions of dollars.

Across the country, lawsuit abuse wipes out billions of dollars in economic activity and increases the costs of everyday goods and services.

Third-Party Litigation Financing

Third-party investors provide the necessary money up front to initiate these tactics.

Litigation financing not only funds lawsuits, it creates them.

Campaign Finance

Plaintiffs’ firms and the trial bar regularly pour massive amounts of money into elections, campaigns, and various trial bar political action committees.

The Advertising Play

Trial Lawyer Advertising

They spend millions of dollars on advertising in plaintiff-friendly Judicial Hellholes® in search of potential claimants.

The Junk Science Play

Junk Science

They sometimes partner with so-called experts to provide misleading scientific evidence to support their claims both inside and outside the courtroom.

The Trial Lawyer Playbook In Action

1. Creativity

Mass tort law firms fund outreach teams that search the country for companies, organizations, and governments with deep pocket targets.

Next, they concoct far-flung legal theories, which, conveniently, happen to further their own ambitions.

They market these theories to potential classmembers – both individuals desperate for relief and others who have suffered no harm at all.

They spend millions of dollars on advertising their services across television, radio, and social media.

2. Fee Arrangements

Law firms file complaints on behalf of clients they recruit while negotiating legal fee agreements that maximize the firm’s profits.

According to a 2020 study by Jones Day, plaintiffs’ lawyers bringing class actions received an average 10% more than the classes they represented.

In claims-made settlements, class members as a whole received on average less than 30% of the total monetary award.

3. Investment

Once a lawsuit is settled, law firms use the profits they secured to invest in identifying their next potential lawsuit.

These same law firms donate millions of dollars every year to politicians that protect their ability to continue utilizing their playbook, putting profits before people.