Hey,
Loyola,
DePaul,
Kent -- I had another one of those calls today.
"Do you do civil cases?"
"Yes," I said (
well, maybe, I qualified, but only to myself). "What kind of case do you have?"
It turned out that -- in my opinion -- he didn't have a case, not an economically viable one, anyway.
He had a car, an older car, a 2001 model, but one he used for work each and every day. It ran. He just put $1,000 in it this spring, he told me, for repairs, but a few weeks back some drunk kid ran into it while the car was legally parked, minding its own business. The drunk kid had insurance, but -- my caller told me -- the kid's insurance company only offered him $1,600 for his ruined vehicle.
"I can't get another car for that little money!" he told me, "and I need my car to work. I'm losing money every day!"
Well, we are attorneys
and counselors, I though to myself. I sympathize with you, I told him, but the truth of the matter is that you're really only entitled to the fair market value of your totaled vehicle. On a car as old as yours, I said, you can't expect a lot of money. Certain sources are considered authoritative on this, I told him, like the
Kelley Blue Book -- but those books just don't put a big price tag on 2001 vehicles, even if they are running well.
"That's what they told me," the man said, "but I looked it up, and they should have given me $2,000."
"Because it was in good condition."
"Exactly."
OK, I told him, maybe you do have a case. For $400.
My caller deflated slightly.
Look, I told him, there's lots of other lawyers smarter than me. Maybe one of them can come up with an angle where you can recoup more of your actual losses. I started to give him the telephone number to the
Chicago Bar Association Lawyer Referral Service. (I keep that number -- 312-554-2001 -- handy for occasions like this one.)
"Thank you," he said, "but I already called them. And they gave me lots of numbers. But nobody would take my case, and you're the first person who's taken any time to explain anything."
Hmmm, I said, you might try one of the law schools. They all have clinics. (I'm thinking of you,
John Marshall, and you,
Northwestern, and you, too,
University of Chicago.) Unfortunately, I warned him, they don't seem very interested in the problems of actual working people. Now, I said, if you had an
environmental problem, or if you were a public housing resident threatened with eviction because of your criminal record....
"I just want the value of my car," my caller said.
"It's not that you don't have a case," I said, "it's just that maybe law school students can take a case for $400 and get some good experience and do you some good. I take a $400 case and my wife will kill me." (He laughed.) "Seriously, anything I could do for you would cost you more than I think you can get."
He thanked me again and I wished him well. Sometimes, I told him, even when you're in the right, it's just best to move on.
He said he'd think about, and hung up the phone.
I get calls like this once a month -- at least. Sometimes it comes closer to a call a week. I'm just one lawyer. I'm sure lots of other lawyers get calls like these.
A lot of these callers have real, practical cases that no real lawyer can make a dime from -- but why wouldn't a law school consider setting up a clinical program that could handle these kinds of garden-variety consumer issues? They could get experience that might serve them well
in real jobs.
Loyola? DePaul? Kent? NU? John Marshall? U of C? Is anybody out there?