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No Contest: Corporate Lawyers and the Perversion of Justice in America, by Ralph Nader, Wesley J. Smith
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The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers
File baseless lawsuits
Use court secrecy to their unfair advantage
Engage in billing fraud
Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.
- Sales Rank: #1279381 in Books
- Color: White
- Brand: Random House
- Published on: 1996
- Released on: 1998-12-22
- Original language: English
- Number of items: 1
- Dimensions: 9.00" h x 1.00" w x 6.00" l, 1.52 pounds
- Binding: Paperback
- 460 pages
- Great product!
Amazon.com Review
The most controversial section of this ringing denunciation of corporate law is that on tort reform, which Ralph Nader, the consumer advocate and 1996 Green Party Presidential candidate, and Wesley J. Smith denounce as "tort deform" measures sure to further insulate corporations from the damage wrought by pollution and dangerous products. But Nader has never shied from controversy, and this series of case studies attacks confidential settlements in injury cases, state ethics boards, and links between high-power corporate lawyers and government officials with an equal measure of indignation and reformist zeal.
From Publishers Weekly
Corporate attorneys are at the center of trends that have increased corporate power in the past 20 years, declare consumer crusader and 1996 presidential candidate Nader and lawyer Smith (coauthors of Winning the Insurance Game). Their book is rambling but important, as it uses case studies to illustrate what they see as unfair situations and potential avenues for reform. For example, confidential settlements in injury cases deprive others from safety warnings; judges can refuse such settlements, and some states have begun passing anti-secrecy laws. Though the American Bar Association recommends that one-third of the members of state ethics boards be non-lawyers, that goal is mostly ignored, and disciplinary boards are notably lax in punishing lawyers who obstruct opponents, destroy evidence or overbill. In strong words, Nader and Smith attack tort reform proposals that would limit manufacturers' liability, calling them "tort deform" measures that would further protect corporations to the detriment of individual consumers. But they don't acknowledge that in some cases?such as the way it can distort medical care?our tort system does need reform. Along with political reforms, the authors find hope in efforts by Harvard Law School alumni to form the Appleseed Foundation, which will establish new centers for law and justice that focus on systemic change, not just legal aid for individuals. Author tour.
Copyright 1996 Reed Business Information, Inc.
From Library Journal
Consumer activist Nader and lawyer Smith trace a long list of ills that afflict our legal system?discovery abuse, excessive delay, lawyer overbilling?to the excessive influence of powerful corporate lawyers and the failure of legal ethics to deal effectively with their excesses. The book's strength lies in its many case studies to illustrate the issues. These studies are highly topical, and many will be familiar even to a casual observer of the legal scene. Even the elderly woman burned by hot McDonald's coffee is discussed. However, the book is weakened by the authors' polemical and sometimes snide tone, and little is added to the substance of legal discourse by consistently referring to tort reform as "tort deform." Still, the authors raise substantial ethical issues in the context of real-life legal situations and provide good starting points for the legal profession to examine its conscience and for the public to take it to task. Recommended for law school and academic libraries, and public libraries with substantial law or business collections.
-?Patrick Petit, Catholic Univ. Law Lib., Washington, D.C.
Copyright 1996 Reed Business Information, Inc.
Most helpful customer reviews
8 of 11 people found the following review helpful.
Required Reading for Law Students
By John A. Jeffery
As a law student, I have to say that this should be on every law students "must-read" list! Nader and Smith clearly describe the hardball ruthless tactics used by today's corporate lawyers. This is not the kind of stuff they teach you in law school!
It took real guts and courage to expose the unethical tactics used by too many lawyers today, and I'm grateful that they did so. Highly recommended.
16 of 20 people found the following review helpful.
important
By Charles A. Walton
No Contest book by Ralph Nader and Wesley Smith.... In their book No Contest by Ralph Nader and Wesley J. Smith, the authors give a series of examples about law at the corporate level. Many of their examples deal with wronged individuals suing a corporation. Frequently the plaintiffs are frustrated by a series of delays, misrepresentations, intentional misunderstandings, and multiple appeals. The judges do not discipline the lawyers, at least not to any effective extent, and the judges do not throw out frivolous motions. The judges tend to side with big law firms and with clever lines of reasoning, and not with the plaintiff. The original plaintiff injury, such as a wrongful death due to negligent corporate behavior, is forgotten in the mire of lawyer activity, and the judges fail to consider the need for relief of the plaintiff, without further anguishing delay. The plaintiff is faced with interminable costs and tedious delays without relief. There is no doubt reform is needed. ................
For a remedy, authors Nader and Wesley suggest an Appleseed Foundation, formed of local community volunteer groups, together with some overseeing coordinating committees. They mention Harvard graduates as playing a prominent behind the scenes part in overseeing reform. ..............
The problem with this approach is: first, volunteerism, presumably without pay, is insufficient motivation to overcome such entrenched and profitable bad habits. Second, it is not clear just what specific steps these groups should recommend, other than complain, and point out injustices of which many persons are already aware. . Third, there are already volunteer groups (I have a list of over 20) around the country who are angry with their treatment by the law and yet who have not been able to bring about a change in habits.
11 of 14 people found the following review helpful.
THOSE SUE-HAPPY CORPORATIONS
By STEVEN B. MCCRARY
Beware of the multinational corporations. Not only do they stick it to the taxpayers in forms of bailouts, tax "incentives", and other similar accounts recievable, they are quite willing to stick it to citizens in court and screw up the meaning of the word "due process" in America and the world. A sad commentary on our justice system but a MUST READ.
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