No Contest: Corporate Lawyers and the Perversion of Justice in America.

Ralph Nader is frequently recognized as corporate America's conscience -- with good reason. There is no other person who has been as effective, principled, and compelling in sticking up for the little guy in the face of overwhelming power and privilege. His latest book, written with California lawyer Wesley J. Smith, will only add to that reputation.

Nader's first book, Unsafe at Any Speed, was a stinging expose of the auto industry's callous disregard for the safety and welfare of the motoring public. In No Contest, Nader and Smith examine how corporate America manipulates the system to further its bottom line through the use of powerful corporate lawyers and law firms.

In what amounts to a searing indictment, the authors expose the extent to which these lawyers have wielded their power at the direction of their corporate masters, undermining basic concepts of fairness, equality, and justice. In doing so, Nader and Smith underscore the importance of a robust civil justice system -- but more about that later. First, the corporate lawyers.

Recently, there has been a fateful shift in the way that many of these lawyers approach their duties. The change is a result of the ascendancy and consolidation of corporate power and wealth coupled with the increasing commercialization of the practice of law. While there have been exceptions, these forces have resulted, in many corporate lawyers becoming major advocates, indeed masterminds, of the perversion of justice in America.

Historically, lawyers have had dual responsibilities -- as lawyers representing their clients and, in a larger sense, as "public citizens" dedicated to improving justice. But driven by powerful economic incentives and using the guise of zealous client representation, some lawyers have been all too willing to abandon their public duties and independence. Working mostly out of public view, they have run roughshod over the legitimate rights of others.

Many of the law finns and lawyers discussed in the book -- including former White House counsel Lloyd Cutler, arguably the ultimate power broker until his abrupt fall from power -- are the most rich and powerful in the world. In a series of detailed studies of cases involving the infamous savings and loan debacle, Whitewater, and numerous defective consumer products, Nader and Smith show how corporate lawyers use their superior resources and power to pursue a might-is-right agenda that hides the truth and rigs the legal system in their favor.

In a chapter entitled "I've Got a Secret," the authors reveal how confidential agreements, protective orders, and vacatur agreements are used to keep dirty corporate secrets from consumers and out of public policy debates. The authors show how such tactics prevent informed decisions, foster cynicism, and limit free access to information on which democracy depends.

Nader and Smith also detail how corporate lawyers use obstructionist pre-trial tactics, hide and destroy incriminating evidence, and use so-called SLAPP suits (strategic lawsuit against public participation) to choke off legitimate causes of action. As the authors disclose, these win-at-any-cost tactics add to court congestion, drive up litigation costs, and lead to the perception that only the rich and powerful can prevail.

Not overlooked is the bottom line mentality that drives much of this misconduct. In an aptly named chapter, "The B.U.T.S. [Bill Until They Squawk] Principle," Nader and Smith expose the full extent to which corporate lawyers have forfeited any moral compass. Billing practices that are nothing short of outright theft are followed without any thought of impropriety.

In "The Corporate Scheme to Wreck Our Justice System," the focus changes to the all-too-familiar "tort reform" battles. Here Nader and Smith detail the role corporate lawyers have played in efforts to dismantle the civil justice system. Much of the information in this chapter has already been publicly disclosed, but the authors put it in a new light by tying together how these lawyers have used disinformation campaigns, power lobbying, and mandatory arbitration agreements to systematically reduce or eliminate individual rights.

Nader and Smith take on the arguments and myths that have been used to justify "tort reform" efforts, unraveling and putting the lie to each one with the spotlight of truth and hard empirical data. The authors also lay out the specific facts on medical malpractice and products liability litigation and on the importance and necessity of continget fees. And Nader and Smith make a strong argument for the value of the tort system by detailing cases that have made a difference in improving the safety and life of every American.

As Nader and Smith suggest, much of the present day distrust and animus that exists toward lawyers generally may be due to the fact that corporate lawyers are working to tear down the system rather then remaining true to their public duties and standing up for what is right by defending individual rights and justice.

No Contest poses a daunting challenge -- changing the way law is taught and practiced. Nader and Smith propose a number of reforms ranging from court rules that would prevent various types of misconduct to changes in ethics rules that would require disclosure of corporate misconduct.

One cannot read the book without concluding that much change is needed. But change is difficult, especially when it is contrary to ones self-interest.

Unfortunately, market forces drive much of the self-interest that perpetuates improper conduct, and these forces are unlikely to change in the near future. And real reform from inside the profession may be difficult to achieve because many of the lawyers who dominate the bar associations and the rule-making and discipline process are the very same lawyers whose shortcomings are discussed in No Contest.

In the final analysis, No Contest is a powerful argument for a robust civil justice system in which lawyers who engage in misconduct can be held accountable for their actions. In the courtroom, these lawyers have no special privilege or status. Their conduct can be examined and, where appropriate, punished. Only by holding the lawyers accountable will their practices be exposed. Only then will it be in their self-interest to change.

Larry S. Stewart, a former ATLA president, is a partner with Stewart, Tilghman, Fox & Bianchi in Miami.