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The State Supreme Court's Rejection (continued)
Page 3
The reality in California -- even with the Serrano III lodestar-adjustment method -- is that it is not easy to find qualified private counsel willing to represent plaintiffs in fee-shifting cases, which typically present complex legal challenges often requiring years to overcome, during which time counsel is not paid. Nonetheless, California's "independent state rule" at least makes such litigation practicable. Here, private citizens of limited means have been able to file cases that serve important public interests, and, through the use of enhancements, experienced counsel have had sufficient economic incentives to zealously prosecute such actions.
Serrano III has well served all Californians by improving the administration of justice, fairly rewarding attorneys who have fought successfully for improvements in the law on behalf of those whose rights would otherwise go unvindicated, and by providing a measure of public confidence in a bar that struggles daily to gain credibility with an increasingly cynical public.
The Supreme Court's decision in Ketchum allows that legacy to continue.
Robert J. Nelson is a partner at Lieff Cabraser who, along with Charles A. Renfrew, filed an amicus curiae brief in Ketchum v. Moses on behalf of the Bar Association of San Francisco.
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About Lieff Cabraser
Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.
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