A Rejoinder to Lester Brickman: On the Theory Class's Theories of Asbestos Litigation

Abstract

igation and later published a symposium issue containing the articles presented there. Professor Lester Brickman and I participated in a panel devoted to legal ethics. I listened to Professor Brickman's spoken remarks, and I am certain he said nothing about me personally. I was therefore surprised to discover that an entire section of Professor Brickman's published article contained a personal attack on me. I was also dismayed to read a host of misstatements and misleading statements, none of which Professor Brickman attempted to verify by checking with me. His article exemplifies its subtitle: "The Disconnect Between Scholarship and Reality."

In this essay, I hope to accomplish two things. First, I will correct the record by identifying Professor Brickman's fallacious assertions. Second, I will discuss the role legal academics do and should play in framing the public debate about lawyers and legal processes. Statements of Professor Brickman's that have appeared in the media recently will figure in the second discussion.