Dickie’s Plea

Posted on March 17, 2008
Filed Under Uncategorized

The WSJ Law Journal has notes on Mr. Scruggs plea that are very interesting…

Richard “Dickie” Scruggs, a founding father of the modern mega-tort class-action industry, pleaded guilty yesterday to trying to bribe a judge. It is notable but perhaps unsurprising in this particular week, when we have already seen one famous figure, New York Governor Eliot Spitzer, brought down by his own sense of invulnerability to the law or common sense.

In the 1990s, Mr. Scruggs famously got corporate defendants, and whole industries, to make mammoth settlements in lieu of fighting the thousands of plaintiffs the Mississippi tort lawyer had gathered into a class-action lawsuit. Mr. Scruggs was a legal entrepreneur, who figured out that the combined weight of endless plaintiffs and bad publicity would force even the richest corporations to plead for a settlement. It was his further insight that his percentage of the take, aka contingency fees, would make him and his associates rich as Croesus. The trappings of wealth that attended the class-action plaintiffs bar are the stuff of legend.

Now it is Mr. Scruggs who has thrown up his hands and entered a plea. He may face five years in prison. Specifically he has pleaded guilty to attempting to bribe Lafayette County, Mississippi, County Circuit Court Judge Henry L. Lackey. Mr. Scruggs was seeking a court ruling in his favor in a mass settlement in cases culled from Hurricane Katrina. At issue were $26.5 million in disputed legal fees. Judge Lackey called in the FBI.

The question buzzing through legal circles yesterday was why a guy that rich and that good at beating money out of corporations would put the whole game at risk this way. We’ll sum it up in one famous, potent word: hubris. After the personal ruin seen in the Spitzer and Scruggs cases this week, it is hard to blink at the irony here. They made their mark yelling that the rich and famous were subject to the laws of mere mortals. Once larger than life, both men have shown why that’s still true.