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Editor's Comment: Milberg viced

Author: alex.novarese@legalweek.com

Published: 27/09/2007 02:32

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As a long-time watcher of the US legal market, it is very hard to over-state or even explain the importance of the news that Mel Weiss, one of the US’ best known lawyers, is to face criminal charges as part of the federal investigation of the law firm that bears his name.

For those that have not followed the case, the 72-year-old class action legend is to face federal charges as the most high-profile target of the long-running investigation into alleged kickbacks at his firm, Milberg Weiss. Almost as extraordinary, his former colleague Bill Lerach, the one man at the plaintiff Bar that could rival Weiss for profile and controversy, has this month agreed to plead guilty to conspiracy charges. Two other senior partners have already entered guilty pleas. The word from all informed observers in the US is that the indicted partners have been confronted with a serious case from prosecutors, but Weiss is not going down without a fight.

The reverberations of the case will be felt culturally and economically through the world’s largest legal market for years to come. In the UK there is no direct comparison for lawyers like Weiss and Lerach. The closest you would get is the Crown Prosecution Service presenting a corruption case against silks of the profile of a Pannick or a Grabiner. But US lawyers are so plugged into the cultural, political and economic life of their nation, it is a completely different ball game; many observers viewed the last serious attempt to curtail the aggression of the plaintiff Bar (the 1995 Private Securities Litigation Reform Act) as the Stop Bill and Mel Law. So charged was the class action issue that its impact and ethics became a sizeable sideshow in the 2004 US election in a way that would be inconceivable in the UK.

The economic impact of the siege of Milberg Weiss will likewise be considerable and is already cited as a major factor in the securities slump. Some are betting that litigation related to private equity, hedge funds and slice ’n’ dice debt products, together with a renewal in bankruptcy, will take up the slack. That’s entirely possible, but is still unproven. If such predictions fail to become reality, and the US becomes a tougher environment for the plaintiff Bar, that contentious surge may not be coming at all. That would send more class action firms hunting for opportunities in Europe.

Far more importantly, it would mean US law firms shifting to a more cyclical model similar to City law firms. Which power block of the global legal profession that shift would benefit is anyone’s guess, but I wouldn’t bet on the status quo.

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