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'''Frederick Martin Baron''' (born ] in ]) is a trial ] best known for representing victims of ]. He has also been an active figure in ] as a fund-raiser for the ]. | '''Frederick Martin Baron''' (born ] in ]) is a trial ] best known for representing victims of ]. He has also been an active figure in ] as a fund-raiser for the ]. | ||
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==Controversy== | ==Controversy== | ||
===Asbestos litigation=== | ===Asbestos litigation=== | ||
As a result of his litigation of asbestos claims, Baron has been the subject of criticism |
As a result of his litigation of asbestos claims, Baron has been the subject of criticism. His litigation tactics were criticized when a memo showing he coached witnesses was produced by his firm. The memo discussed what witnesses needed to know in preparing for their testimony, including stressing the importance of confidence in responses. In response to the criticism, Baron cited four ethics opinions that he paid for: William Hodes, a legal ethics specialist from the University of Indiana, Steven McCormick, general counsel of the State Bar of Texas, as well as two two University of Texas legal-ethics professors. All concluded the client instructions were appropriate. A ] state bar grievance committee found ethics charges without merit, and dismissed them. <p> | ||
====The ]==== | ====The ]==== |
Revision as of 00:14, 20 February 2007
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Frederick Martin Baron (born 1947 in Cedar Rapids, Iowa) is a trial lawyer best known for representing victims of toxic and chemical exposure. He has also been an active figure in politics as a fund-raiser for the Democratic Party.
Career
Baron is one of America’s most prominent trial lawyers. He is a founder of Baron & Budd, P.C., a Dallas, Texas law firm and a former president of the Association of Trial Lawyers of America. His firm has become one of the largest firms in the country representing victims of toxic and chemical exposure particularly claims of asbestos exposure.
In the controversial asbestos litigation, Baron successfully convinced the United States Supreme Court to de-certify nationwide class action settlements involving future claims of people who are not yet ill, but who may later develop asbestos-related illnesses. The decertification addressed the problem that asbestos-related illnesses like mesothelioma (a fatal cancer of the lining of the lung), have a latency period of 20-40 years from the date of exposure.
Controversy
Asbestos litigation
As a result of his litigation of asbestos claims, Baron has been the subject of criticism. His litigation tactics were criticized when a memo showing he coached witnesses was produced by his firm. The memo discussed what witnesses needed to know in preparing for their testimony, including stressing the importance of confidence in responses. In response to the criticism, Baron cited four ethics opinions that he paid for: William Hodes, a legal ethics specialist from the University of Indiana, Steven McCormick, general counsel of the State Bar of Texas, as well as two two University of Texas legal-ethics professors. All concluded the client instructions were appropriate. A Texas state bar grievance committee found ethics charges without merit, and dismissed them.
The Baron & Budd Script Memo controversy
Main article: Baron & Budd Script Memo controversyThe Baron & Budd Script Memo controversy is an incident in asbestos litigation where it is alleged that Baron & Budd engaged in subornation of perjury and a cover-up. Though (and because) no attorneys were disciplined or sanctioned over the incident, it is frequently cited by United States tort reformers and politicians as an example of ethical problems in the plaintiffs' bar and asbestos litigation. Baron and some academics argue that the memo was the act of a single paralegal, and that it was within the bounds of "zealous representation." However, the Dallas Observer conducted an investigation of the memo, and found that "a number of former Baron & Budd employees say that the information and techniques contained in the memo are widely used, even taught to employees" and that the "memo was not truly an aberration, but a written example of how the product-identification staff works at Baron & Budd."
Honors and Accomplishments
- Fred Baron has been honored as a lawyer who helped shape Texas law during the 20th century in Legal Legends: A Century of Texas Law and Lawyering (Texas Lawyer commemorative publication, June 2000).
- Named as one of the nation's top plaintiff's lawyers by Forbes magazine (2001).
- Named one of Dallas' top lawyers by D Magazine (May 2001 and May 2005).
- In 2001, The University of Texas School of Law endowed a chair in his name.
- Past president of the Association of Trial Lawyers of America (ATLA);
- A member of the Board of Governors of ATLA, as Chairman of the Public Affairs Committee on the Board of Governors, and Chairman of its Section on Toxic, Environmental and Pharmaceutical Torts;
- Past president of Trial Lawyers for Public Justice;
- A member of the Board of Directors of The American Constitution Society;
- A member of the American Law Institute, serving on the Products Liability sub-committee;
- Vice-Chairman of the Toxic and Hazardous Substances and Environmental Law Subcommittee for the American Bar Association;
- Member of the American Board of Trial Advocates;
- Life Fellow of the Texas Bar Foundation and Dallas Bar Foundation;
- Former member of the Board of Advisors to the Toxic Law Reporter (B.N.A.);
- Former Trustee for the Civil Justice Foundation;
- Member of the Advisory Board of Texas Citizen Action;
- Director of the Texas Law Review Association;
- Director of the Irving Selikoff Foundation (Charitable Trust);
- Trustee of the Manville Victims Special Trust (Charitable Trust);
- Trustee of the Democratic National Committee;
- On the Texas Advisory Board of the Environmental Defense Fund;
- Ranked as one of nation's top plaintiff's lawyers in Forbe's Magazine in 2001.
External links
- Baron & Budd
- Sen. Jon Kyle (AZ) commenting on Baron & Budd during asbestos hearing
- Business Week editorial on asbestos lawsuit fraud
- Dallas Observer, "Toxic Justice"
- Columbia Journalism Review "Baring Baron."
- San Antonio Express News column - "City climbs into legal/lucre bed with Democratic trial lawyers"
References
- Association of Trial Lawyers of America
- Amchem Products, Inc. et al., v. George Windsor et al
- Asbestos News
- Cornell
- Lester Brickman, "On the Theory Class’s Theories of Asbestos Litigation: The Disconnect Between Scholarship and Reality", 31 Pepperdine L. Rev. 33 (2004).
- Walter Olson, "Thanks for the Memories", Reason (June 1998)
- Additional View of Senator Kyl, Senate Report No. 108-118 at pp. 81-184 (21 Jul. 2003) (reprinting memo in full).
- W. William Hodes, The Professional Duty To Horseshed Witnesses—Zealously, Within The Bounds Of the Law, 30 TEX. TECH L. REV. 1343 (1999); Charles Silver, Preliminary Thoughts on the Economics of Witness Preparation, 30 TEX. TECH L. REV. 1383, 1398-1401 (1999)
- Julie Lyons, Patrick Williams, Thomas Korosec, and Christine Biederman, "Toxic Justice", 13 Aug. 1998
- Thomas Korosec, "Homefryin' with Fred Baron", Dallas Observer, 29 March 2001
- Julie Lyons, The Control Freak, Dallas Observer, 13 Aug. 1998.
- Mary Ann Thomas and Ramesh Santanam 2002. "Lawsuit against ARCO, BWXT rolls on". Valley News Dispatch.
- Baron & Budd: Toxic Tort Lawyers
- "Chair established to honor Frederick M. Baron, '71" (2001)