When I last visited the subject of former Judge Robert Bork three years ago it was because his slip/trip and fall case in New York had settled (Bork Slouches into Settlement). For those that weren’t around at the time, he had sued the Yale Club and other entities when he fell while ascending the dais to give a speech. Judge Bork was widely ridiculed for the suit.
And I was less than kind about the BigLaw lawyer he hired to take on the task, as it seemed clear he had no idea how to draft a complaint in a simple negligence action (Robert Bork Brings Trip/Fall Suit for Over $1M, Plus Punitive Damages And Legal Fees). And when he tried to amend the complaint, he didn’t follow my advice and continued with an error-riddle suit (Bork Amends Lawsuit, Keeps Claim for Over $1,000,000 Plus Punitive Damages).
When I wrote that last post, as a public letter to the judge, I concluded with this:
I wish you all the best, but the legal decisions you have made thus far are nothing to brag about. You have already been ripped as a barbary pirate and hypocrite for making such high monetary demands, but something else is also going on here. A former Supreme Court nominee and his elite BigLaw counsel have been unable to competently draft a decent personal injury complaint after two tries. And I’m not sure which of the blunders is more frightening.
And that is the reason I write now on this old matter. For it seems that Mitt Romney has made former Judge Bork the co-chair of his judicial advisory committee. And this raises a couple of questions:
1. If Judge Bork did such a poor job choosing his own lawyer for a simple matter, why would Romney trust him for advice on advice choosing judges?
2. How does he now deal with the subject of tort “reform” in his judicial advisory capacity, after he brought a suit containing frivolous claims, when he previously referred to such litigants as Barbary pirates?
See:
Bork to Co-Chair Romney Justice Committee (CNN Political Ticker)
Bork Tops List of Lawyers for Romney (The BLT: Blog of Legal Times)
Romney’s new top legal advisor: Robert Bork? (Hot Air)
Robert Bork And Conservative Legal Philosophy Join The Romney Campaign (Talking Points Memo)
As you shuld know, there is a world of difference between the philosphy of law and the mechanics of the law. My brother-in-law teachess auto mechanics and can repair any vehicle – he can repair almost any vehicle but could not design one
Trial practice is the mechanics of law – drafting the complaint is akin to doing an oil change or reboring an engine. Most trial lawyers I know (and I know bunches of them) really don’t give a flip about the philosophy of law. Even if they don’t really believe their client deserves compensation, it is their job to try to obtain compensation for their clients and they will do so by any legal means