'Killer Lawyers' Leave Trail of Blood.

THE real lesson to be learned from the May 14 Forbes article "Killer Lawyer" is that American business has a bull's eye painted on it, and L.A. business leaders are whistling in the dark.

The truth is, the killer lawyers are out there. They're talented, industrious, ambitious and wealthy -- very wealthy. They're trial lawyers -- and they have turned our civil justice system into an entrepreneurial sports stadium.

Did I mention they're wealthy?

They own 156-foot yachts, multinational residences and airplanes. They hire '70s rock bands to perform at their weddings. They even have movies based (very loosely) on their conquests and multimillion-dollar verdicts they are securing for the "injured masses."

And they're brash.

When asked about whether trial lawyers should be making national public policy, one of the more successful legal gladiators replied, "Someone's got to do it."

What are the rules of engagement?

Simple -- find or invent some form of liability, file a class action on behalf of consumers, agree to a settlement, collect your winnings and, if there's anything left for the consumers in whose name the suit was filed, split it up among them all.

The explosion in mass tort litigation has made these swashbucklers extremely rich -- usually on the backs of those that they claim to represent. They win one round of class action suits against an unpopular but legal industry then bankroll the winnings into another class action that nets them millions more, while the individual claimants get $3 coupons off their next box of cereal.

These lawyers are doing something right, and even if you're doing nothing wrong, they can wipe you out.

Don't get me wrong, many, many trial lawyers in the Los Angeles area, and nationally, are fair, respectable officers of the court looking out only for their client's and the public's best interest. But there are those who, claiming to represent consumers who very well may not even know they are involved in a suit, have filed and won massive lawsuits against asbestos manufacturers, HMOs, tobacco companies and gun manufacturers, to name a few.

So what's next? Lead paint? Toxic mold?

True victims

Sure, "killer lawyers" are after fat targets, but the real concern is not just multimillion- or billion-dollar settlements, it's the smaller, less-noticeable suits and settlements that are driving hospitals, small manufacturers and many, many mid-sized businesses to the poor house.

Usually it's because these entities were perfectly able to hire a good lawyer and receive the proper counsel but were unable to beat the perception game in which these plaintiff lawyers are so adept.

Remember, these defendants had to be demonized in the public eye to be rendered submissive and ready to settle. Many times, the threat of going public is held over the business's head to force a larger settlement. This is effective because businesspeople and their counsel rarely know how to deal with the type of attention that one receives when under the litigation microscope. These cases can seriously damage a reputation -- or worse.

The Forbes story warns us not to dismiss even the most preposterous of lawsuit premises. Problem is, our society has liberally moved the boundaries on what constitutes preposterous.

Personal responsibility be damned. Lawsuits happen.

Americans used to see a lawsuit as a last resort to solve a conflict or insurmountable problem, and now we're the world's most litigious society. From malpractice suits to libel actions, from job discrimination to divorce, litigation has become a way of life in the United States -- and especially in Southern California.

Even winners are hurt

Even if the suit is "preposterous," and you win a summary judgment, the lingering aftereffects can ruin your company's brand and force you out of business. After you have spent countless hours and dollars defending yourself in court, you still have to face the stark possibility of losing in the court of public opinion.

In a litigation crisis, a company is considered guilty until proven innocent Consider this: 40 percent of Americans believe that a large company accused of wrongdoing in a lawsuit is probably guilty, and nearly half are less likely to buy a product or service from a company accused of wrongdoing in a lawsuit.

Reputation and larger business interests can be hampered by litigation and aggressive plaintiffs' counsel. Even before someone enters the courtroom, the legal battle can be won or lost in the eyes of those who make a business successful -- its customers, the media, vendors and opinion leaders.

The problem with the system is that it doesn't reliably connect true wrongdoers and the truly wronged -- and those proven right can still be further wronged.

One thing that a potential defendant dare not do is dismiss the threat that these "killer lawyers" represent. No lawsuit is preposterous. No one is exempt. And never rule out the nasty residual effects of these suits -- not just in the courthouse -- but in the court of public opinion.

Anthony Bell is the former director of Citizens Against Lawsuit Abuse. He is now a managing director at Hill and Knowlton Inc., heading up the firm's litigation communications practice.