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Offered $0, won $2 million
Leaving big-firm law
Christopher Seeger started at Sherman & Sterling in the real estate department and hated it. He moved to a creditor's rights boutique, got his first taste of litigation there, and went out on his own with only a few years of legal experience. He was doing wills, real estate closings, and whatever else came in, and he was thinking about leaving the law.
The first injury case
About a year in, another lawyer who knew he had just opened his practice called with a referral: a personal injury case. Seeger had little experience with injury work and said he would love to do one. The defense lawyers could tell he was new, so they offered $0, and they were never willing to pay anything as the case went to trial.
The verdict
The jury returned a $2 million verdict. His client squeezed his arm at the counsel table, and they had walked into court arm in arm. That case is where he fell in love with the law, because it was everything a white knight lawyer would do. Thirty years later, he still gets holiday cards from clients.
Why do most injury cases settle before trial?
Trials cost time and money for both sides, and a jury's verdict can swing widely. Settlements let each side trade the chance of a large win or loss for a certain amount. Insurers and defense lawyers value a case partly by how credibly the plaintiff's lawyer will take it to trial. Bureau of Justice Statistics surveys of tort cases in large U.S. counties have found that only a small share reach a verdict, in the low single digits.
How do lawyers split fees on referred cases?
American Bar Association Model Rule 1.5 allows lawyers at different firms to divide a fee if the client agrees in writing. The division must either be proportional to the work each lawyer does or reflect that each takes joint responsibility for the case. The total fee must still be reasonable. Many states follow this model with their own variations.
How do juries put a price on an injury?
Jurors are typically instructed to award compensatory damages for economic losses, like medical bills and lost wages, and for noneconomic losses, like pain and suffering. For noneconomic harm no formula exists, so jurors rely on the evidence and their own judgment. Some states cap noneconomic or punitive damages by statute, which limits a verdict regardless of what jurors decide.
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