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Dec 07, 2025
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LAW 7371 - Tort Law and Legal Ethics: The Plaintiff’s Perspective
Credits: 3
This course uses a study of plaintiffs’ lawyers as a lens to examine some of the most controversial issues at the intersection of tort law and legal ethics. Specifically, students study who personal injury lawyers are, how industry norms inform their decision making, how they recruit clients, how they finance advertising and litigation, how they bring complex cases to resolution, and how they get paid. Topics include the role and regulation of lawyers; the ethical implications of solicitation and attorney advertising; the use and abuse of the contingent fee; the ethical ramifications of referral fee agreements; the impact of alternative litigation finance; and the ethical challenges posed by class actions, aggregate actions, consolidated proceedings, and multidistrict litigations (MDLs). The final part of the course is a study of some well-known mass tort cases, giving students a chance to apply their newfound knowledge and to see course themes played out in real-world controversies. Ultimately, this course gives students an appreciation for the importance of careful judgement in confronting both the opportunities and pressures they face in a personal injury practice. While these issues are critical for students who are considering joining a plaintiffs’ practice, they are equally relevant to future defense attorneys, who must understand how these rules shape the incentives, behaviors, and strategies of opposing counsel. (*updated* 12/3/2025; effective spring 2026)
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