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Mention the name "John Grisham" to most readers and the image of a courtroom populated by two lawyers, one honest and one corrupt, quickly comes to mind. That image may not, however, be completely correct. Since his appearance as a novelist in 1991, Grisham has annually produced a best-selling work. In those efforts, he wanders in and out of the courtroom and spends a great deal of time away from the law. While his major characters are often attorneys, they frequently find themselves in predicaments that bear only an incidental connection to the legal profession. Previous Grisham efforts such as THE FIRM, THE BRETHREN and, to a degree, THE PELICAN BRIEF and THE SUMMONS, represent plot lines in which the main characters could easily be non-lawyers without significant impact on the narrative.
Whether one considers Grisham a courtroom or mystery writer, it is clear in his writing that, as a former practicing attorney, he has much to offer about the strengths and failings of the American legal system. In his books, Grisham has taken to task politically motivated prosecutors, the flawed juvenile justice system, the health insurance and tobacco industries and insurance defense attorneys. Last year, in THE SUMMONS, Grisham had some unkind words for those members of the legal profession often pejoratively referred to as "trial lawyers". Now, in THE KING OF TORTS, Grisham returns to this subject and sets his sights on that particular aspect of trial law very much in discussion today --- the field of mass tort litigation.
THE KING OF TORTS follows the winning Grisham formula. Early in the novel, an insignificant crime of violence introduces us to Jarrett Clay Carter II. Young Carter is an overworked, underpaid and under-appreciated public defender in the District of Columbia. He is appointed to represent Tequila Watson, a career drug offender charged with the murder of Ramon "Pumpkin" Pumphrey. Like many of Grisham's young lawyer heroes, Clay Carter is at the juncture of his life when he has begun to question his status in the legal system.
THE KING OF TORTS is the Faustian tale of Carter's meteoric rise to the top of the field of mass tort litigation. Shortly after his appointment to represent Watson, Max Pace, a man of mystery and intrigue, visits Carter. He offers the young attorney the opportunity to initiate litigation against a drug manufacturer who has negligently produced a product that causes people to kill. Although Clay Carter has countless questions and concerns, Pace's simple answer is always to remind him of the millions of dollars in legal fees that will soon be deposited in the accounts of the new law firm that Carter will control. That answer is sufficient.
In the span of several months, Carter becomes the beneficiary of nearly $100 million in fees. Such an achievement is most ironic when one considers that never during the course of his spectacular achievement does Carter even enter a courtroom. Indeed, his only venture inside a courthouse during the course of this novel occurs when Carter watches one of his fellow attorneys attempt to win a case that will produce millions of dollars in fees for Carter and his firm.
In his meteoric rise, Clay Carter becomes a member of an exclusive club of trial attorneys who engage in mass tort litigation, often referred to as class actions. In these types of cases, thousands of injured parties are grouped together to bring their claims. Oftentimes, small claims in the range of $25,000 to $50,000 are bundled together. The main beneficiaries of such activity are the attorneys who generate large legal fees from settlements in thousands of cases without being forced to handle each case on an individual basis. Attorneys in this field often obtain clients by advertisements in newspapers, radio and television. Because successful mass tort lawyers obtain their cash awards from huge corporations, the entire subject has become a high stakes political contest between the business and legal communities.
The major character in THE KING OF TORTS is not Clay Carter. Rather, the attorneys who engage in mass tort litigation are the prime targets for Grisham's wrath. As they fly around the country ferreting out clients like bloodhounds hunting down criminals, Grisham enjoys poking fun at their numerous foibles. They are far more interested in fancy private jets, beautiful women, vintage wine and high-class living than in securing justice. John Grisham, a man who practiced law for several years before commencing his writing career, does not find such characters to be an asset to the legal profession.
THE KING OF TORTS is a prime example of the adage that, in novels, "Plot trumps the truth." In order to make the novel work, Grisham must compress a great deal of action into a short amount of time. Anyone with a minimal knowledge of the workings of the American legal system knows that what John Grisham has written is hyperbolic. But Grisham has written with a message. The debate in America today over "tort reform" and the "malpractice crisis" is continuing and clamorous. Although it is a work of fiction, THE KING OF TORTS can help enhance the quality of that debate. Anyone interested in the issue, or just interested in another appealing novel, will enjoy John Grisham's latest effort.
--- Reviewed by Stuart Shiffman
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