The Australianhttp://www.theaustralian.news.com.au/story/0,20867,20420655-2702,00.htmlhttp://www.theaustralian.news.com.au/story/0,20867,20420655-2702,00.html
Editorial - The Australianhttp://www.theaustralian.news.com.au/story/0,20867,20419168-7583,00.htmlLAW firm Slater & Gordon was within its rights to pay a senior partner $1 million from the profits of a breast implant class action without informing clients, according to the Law Institute of Victoria.
The bonus, which came to light this week, means senior partner Peter Gordon received at least eight times more from the class action than any one of the firm's 3100 clients. Their payouts ranged from a few hundred dollars up to $120,000.
However, law institute head Michael Brett Young said yesterday there had been no need to inform the women about the payment to Mr Gordon because the settlement in the action had been authorised by a judge.
"The client has had a really good process. A judge has looked at the costs being charged and decided these are fair and reasonable," Mr Brett Young said.
However, breast implant victim Janet Baxter, 76, was "appalled" when she learned this week that Mr Gordon received 50 times what she received from the Dow Corning settlement.
Ms Baxter had a mastectomy in 1984 and underwent a breast reconstruction the next year.
She received between $18,000 and $20,000 when Slater & Gordon settled the class action in September 2002. "It was supposed to be a lot more, of course," she said.
Ms Baxter underwent two operations to fix the ruptured implant in 1993 "because they couldn't get it out in one go".
Brett Young, a former managing partner of class action firm Maurice Blackburn Cashman, said the women had suffered major trauma and tragedy but without the efforts of Slater & Gordon, they might have received nothing.
* A page 1 article published yesterday, "Law firm's brawl over $1m bonus", contained comment from Michelle Balaam regarding compensation she received in breast implant litigation against Dow Corning.
The article stated she was one of the claimants in an action led by Slater & Gordon. In fact, Ms Balaam was part of a class action against Dow Corning led by Maurice Blackburn Cashman.
Nice work for some - Who are the real winners from class actions?
THERE is certainly plenty of money in class actions, most notably for the lawyers involved. The proof of this is in the $1 million bonus allegedly paid to plaintiff lawyer Peter Gordon from the firm Slater & Gordon from the profits of a massive class-action settlement over faulty breast implants. The class action involved 3100 women who sued US breast implant manufacturer Dow Corning. Under a $32 million settlement in 2002, the women received compensation payouts ranging from a few hundred dollars to $120,000 each. The lawyers who fought the case did much better. Documents in a court dispute over how the firm's profits were split allege Mr Gordon received a $1 million bonus from money that had been earmarked by the firm as "post settlement expenses".
Slater & Gordon has denounced The Australian for publishing the claim, which it rejects as completely false. But their gripe should really be the source of the claim, former Victorian judge Paul Mulvany, a former Slater & Gordon partner who claimed his final payment when he left the firm should have been $1.7 million, not the $400,000 he received.
No-win, no-fee class actions have evolved as a way of overcoming the high cost of legal action which is out of reach for many individuals. But it raises many issues about the incentives facing legal entrepreneurs who run the cases on behalf of a group of desperate victims who often have little understanding of the legal process. There are questions about the transparency of the legal costs that the courts allow plaintiff law firms in any settlement. And there are questions about who comes first, the lawyers or their client when it comes to settlement. What incentives are there to maximise the payout and minimise its costs?
Many victims might not feel that justice is really served if they individually receive thousands of dollars while the plaintiff lawyers pocket millions. The plaintiff law firms are politically powerful, particularly in Victoria. Given the seriousness of the claims and the importance of the issue, Slater & Gordon should welcome an independent inquiry into the case.