How much a government will spend to fight the little guys
Have you ever wondered how much a city will spend in legal fees - to defeat a lawsuit. Let’s say for example, one brought by peaceful BLM protesters who claim their First Amendment rights were violated when the city’s police pepper sprayed, tear gassed, flash banged, blast balled and body slammed them.
Or have you perhaps in such cases - blamed the attorneys for the protesters for costing the city so much money because of the fees they are charging.
Well, us plaintiff attorneys - who don’t get paid unless and until our client wins… we wonder. And wonder. And never find out how much the defense lawyers are making. Except when the defendant is a government entity. And then - oh the joy!
When the city’s being sued we wait a bit. Then send out a public records request (PRR). The city has to respond to because of public disclosure laws. It won’t provide us with the actual billing citing to the attorney-client privilege if the details are known. But it will provide us with a summary of the totals.
The first time we send out a request in this protest case it’s pretty early on. And the fees are not much more than a million.
Wait - what. Did you say a million - early on. Are you saying the city paid a private law firm - a giant private law firm that does the hourly billing dance - a million early on.
Why yes. But that is not all.
Time passes. We wonder. How has that amount grown now that the case has been going for more than two and a half years. With no end in sight since the city just moved to continue the October 2023 trial date to May 2024.
Hmmm. There’s one way to find out. That’s right. We send out… another…
PRR.
Wait 30 days and voila. The city PRR department emails a document to us.
How many millions is it now, you ask.
Well more than the fingers in both of your hands.
That’s right.
We (the made out to be money-grubbing-evil plaintiff attorneys) on the other hand, have not been paid one cent by our clients who like most real people cannot afford to pay for our services in real time.
So all our fingers. And how many toes you ask.
The city which by the way is using its own government attorneys and enormous resources. The city in addition…has paid the outside private law firm … get ready for it… drumroll.
$12.5M.
Postcript: So whenever you hear anyone complain about plaintiff lawyers who take on the government for abuse of the people’s rights - ponder 12.5 which is still growing. Ponder the dedication that a plaintiff lawyer must have for the rights and interests of their client. The belief and faith that justice will be served one day. The sacrifice involved in working for years without receiving an hourly wage like the defense lawyers. Based upon the moral and legal conviction that the client deserves to have their day in court.
Regardless of how unlevel the playing field really is.
Photo: Painting given to me by Rudy Green.
Document: The PRR.