President Obama, Batman, and The Role of the Consumer Attorney

by Steve Berk

President Obama recently announced a government-wide review of federal regulations. The project’s aim is two-fold:

• Cut back on redundant, undue, over expensive regulation; and
• Ensure that dangerous products are kept off of consumer shelves by redoubling efforts         where needed.

As I read about what I thought was just another example of the President “turning to the right” and currying favor with big business (which may not be bad politics), I was comforted by my memories of  Batman. Yes, Batman. The protector of the common man.

As a kid, my favorite television show, without doubt, was “Batman." The old Batman. The “POW” “SMACK” days of Adam West, Burgess Meredith, and Frank Gorshen. As I grew up, so did “Batman.”  Its newest iteration, a bunch darker, but skillfully pulled off by Christian Bale (as Batman) and Michael Caine (as Alfred) turns the comic strip legends toward a new and interesting direction. Our hero is needed to clean up Gotham, but hardly beloved by those he serves.  (Hmmmm....  sounds like some folks who may read this blog). He is largely misunderstood, often vilified and must work at the fringes, in the alleys at night so as not to be in the spotlight where the glare of public opinion will surely be unfavorable and potentially compromise his work.

This new Batman is a lot like a plaintiff’s attorney. (I hear the groans and chuckles from coast to coast.  No really.  Just hear me out).  The plaintiffs’ bar is part of the regulatory system in this country no less than the State Attorney Generals or bureaucrats in Washington.  But state and federal regulators wield their regulatory sword with the help of subpoena power, statutory fines and in some instances even the threat of criminal prosecution.  The plaintiff’s bar proceeds with far fewer tools in their tool box and sadly a tarnished sword.  Tarnished by the powerful corporation’s they regulate and a concerted campaign they have funded to discredit their work.  And yes some blame falls back on the plaintiffs’ ATTORNEYS for excesses and show boating that even our hero Batman is guilty of from time to time (remember that bat mobile speeding well above posted limits on its way back to the bat cave). 

But despite often working in the shadows, and without “super powers” like our brethen in government, we have our moxie, intelligence and most importantly our principles.  Together they pack quite a punch (“POW”) and we have much to be proud of; safer cars, untainted pharmaceuticals, cleaner wet lands, and more accurate disclosures of risk and less fraud in connection with the purchase and sale of securities, are just a few examples of the lunch bucket progress made by plaintiff’s firms every day.      

That progress comes at some cost to be sure.  Companies must hire lawyers to defend themselves and internal compliance to prevent litigation is certainly not free.  Ok it’s a hit on the bottom line.  But the alternative is far more expensive.  What if valid claims for defective brakes on say one million cars was dismissed without redress; or dumpers of toxic waste were allowed to proceed with reckless abandon?  And what of stocks prices if they could be sold without worry over misrepresentations and fraud? Perhaps short term profits, but over time, the markets become weaker.

Like my childhood hero Batman, we may not be the hero you want, but we’re the one you need.  We take on the battles government won’t touch and we are largely successful.  So let President Obama shift to the right for political expediency and announce a grand plan for deregulation.  Without cape and mask, we will work behind the scenes, take the heat if we have to, and protect consumers who too often pay the ultimate price of corporate misconduct and greed on Wall Street.

Comments

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Consumer lawyers as caped crusaders!