The Ten Roads to Riches

Author:Ken Fisher
Language: eng
Format: epub
Publisher: John Wiley & Sons, Ltd.
Published: 2010-05-10T16:00:00+00:00

TORT US AND THE SCARE

So how can you steal in PL mode, make big bucks, strike fear in some folks hearts, while seeming like Robin Hood to others and having the media adore you? First, you need a client folks sympathize with. Kids, sick ones, are great. (Or kids with the possibility of being maybe exposed to something maybe dangerous. Maybe.) Deadly maladies are great—better if work-related or “created” by a big corporation. Clients needn’t actually be sick. You can build a huge class action suit with one guy who died from possible exposure to Chemical X—though he was 89. But Chemical X may have added to his untimely death! From him you build a class of others who may have been exposed. Then extort Chemical X’s maker for the possibility all those folks may die.

The extortion part comes in because the publicity and accusations of the chemical maker’s culpability will damage the firm as it drives shareholders and customers away to other vendors. To stop the losses, the chemical maker settles—pays you to go away. It pays part of what it estimates you can do in damages from lost business—plus a piece of the not-insignificant legal costs it would spend defending itself. Even a small class action will cost at least $2 million to defend and will drag on for at least two years for the defendant—incurring opportunity cost on top! Usually they’ll pay a piece of that just to have you sail away.

Your subject matter should also be confusing, murky, with little-tested, archaic laws applied in perhaps unintended ways. Gray areas are best. Complicated chemicals. Rare medical diseases of which scant is known about the definitive cause. Big, complex, multisyllabic technical terms jurors can’t quite fathom. The more obscure and complex, the more the trial ends up about who the jury likes more. Possibilities are endless. Work-related suits are good because big business always has a bad image and employment laws across America are often foggy, gray, and vary by state. And workers are about as all-American and sympathetic as you can get!

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