While the Boy Scout sex abuse jury deliberates in Portland, Oregon, I think about the extraordinary commitment of the victim's attorney. Regardless of the verdict, attorney Kelly Clark deserves praise for bringing evidence into the open that has been kept under wraps for decades. He has earned the gratitude of his client and all people who need the threat of a lawsuit to accomplish justice. Unless we lawyers actually try cases, insurance companies, pharmaceutical companies, and other defendants will just shrug their shoulders when an ordinary citizen deserves justice but cannot afford to hire a lawyer.
I know from my own experience that a case like the one Mr. Clark tried caused him to spend, probably, over $100,000 out of his pocket. That's only costs and does NOT count his time, which likely totals hundreds of hours. If he loses, certainly, the attorney will not be paid for his time. Most often, our clients cannot afford to pay back out-of-pocket costs, either. It's a big gamble. If the victim wins big, then the defendants will likely appeal, and it could be several years until the victim and his attorney ever gets paid.
So why do we do it? Why do plaintiff's lawyers risk so much for their clients?
We do it out of a sense of responsibility to our clients, to our profession, and to the system of civil justice. The best lawyers have a passion for justice, and we can't sleep if we think the "bad guys" might get away with something. The true believers will fight their best fight for justice.
We can never know how a trial will conclude. There are so many variables. Will all of our evidence be admitted? Will these 12 jurors see things as we see things? Will they get confused or make decisions based upon something other than the law and facts as presented? Did O.J. Simpson kill Nicole?
We do not know what the jury's verdict will be in Portland, Oregon. However, we do know that Kelly Clark believed in his client and his cause and gave all. By doing so, he upholds the highest ideals of the legal profession.
Jeff Merrick, Oregon Trial Attorney
503-665-4234
