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Why people hate lawyers, Irving Pinsky edition

1/2/2013 COMMENTS (1)

I'll say this for Irving Pinsky, the New Haven, Connecticut, personal injury lawyer who earlier this week filed a notice of a $100 million claim against the state on behalf of a student who survived the massacre at Sandy Hook Elementary: The guy has a thick skin. He's been doused with a stream of vitriol for the notice of claim, which, under Connecticut's administrative procedures, must be filed as a precursor to suing the state. Yet he's unscarred. "You'd think I was a Nazi," Pinsky told me Wednesday morning, after an appearance on CNN. "If everything people wished for me came true, I'd get five different kinds of testicular cancer."

Pinsky withdrew his claim Tuesday but said he's only pulling back to evaluate evidence he has received in the last couple of days. He is not, by any means, abandoning the possibility of bringing a suit against the state. "You follow the evidence," said Pinsky, who maintains his motives are pure. "I'm doing a good thing. I'm pushing like hell for better security in our schools."

Perhaps Pinsky is not the publicity hound or ambulance chaser the haters on his Facebook page make him out to be. (And to his credit, Pinsky himself suggested I look at the comments on his page.) On the other hand, his explanations for the purported suit against the state aren't particularly credible. Pinsky told me, as he has told other reporters, that he wanted to protect the state investigation of the shooting from insurance adjusters who would "shape the evidence." I can understand why a lawyer who specializes in car crashes and slip-and-falls would be skeptical about insurance adjusters, but when I pressed him about the likelihood of insurance investigators manipulating a case that's receiving nationwide scrutiny, Pinsky conceded that insurers are more likely to be involved with claims against the estate of Nancy Lanza, the murdered mother of gunman Adam Lanza, than with claims against the school, Newtown or Connecticut.

So how, I asked, does his notice of claim against the state assure the integrity of the official investigation of the Sandy Hook shootings? Pinsky said that insurance adjusters might try to deflect claims against Lanza's estate by shifting blame to the town or the state. But he still couldn't explain how his threat of a $100 million suit against the state would prevent such an attempt. "I wanted to get at the evidence as best as I could," he said. He told me that he filed the notice of claim -- on behalf of an anonymous student who supposedly heard sounds of the massacre over the school's intercom -- because "it's much harder to get evidence" without bringing a suit. I pointed out that under Connecticut's procedures, he would not be permitted to actually file a complaint in superior court without the approval of the state claims commissioner, whose authorization Connecticut Attorney General George Jepsen seemed to regard as highly unlikely. Pinsky said that even without subpoena power, he has obtained new evidence from witnesses who have come forward since word of his notice of claim got out -- but he refused to elaborate on that supposed evidence or to say how it implicated the state. (For the record, I asked the AG's office whether insurance is even a factor for the state in the Newtown shooting; she said in an email that the state has coverage for certain claims, mostly auto-related, and is self-insured for others.)

Pinsky insisted that his goal is to avert another school shooting, an avowal that smacks of self-justification. "You know this is going to happen again," Pinsky told me. "We have to get (prevention) started somewhere." The theory of his purported suit is the state's failure to assure the safety of students at Sandy Hook. I asked what measures he believes the school -- which kept its doors locked and had a security guard -- should have taken; Pinsky suggested video monitors with a feed to the local police station or unspecified "equipment to neutralize" high-powered weaponry. You won't find any call for new safety procedures in the notice Pinsky filed, though. There's no mention of injunctive relief, and, as the state AG noted, a $100 million personal injury suit isn't the most effective vehicle for debating public policy.

Nor is there anything in Pinsky's professional history to suggest that he's a credible advocate for statewide school safety reforms. Pinsky is not a civil rights lawyer or a children's advocate. He is, plain and simple, a personal injury lawyer -- and one whose license to practice in Connecticut was suspended from May 2003 to December 2006. According to the report of a statewide grievance committee, Pinsky committed misconduct in the mid-1990s when he gave a client $6,000 but failed to keep the client informed about the progress of his personal injury case. (Pinsky's defense, according to the report, was that he felt sorry for the client, whose claims were barred by the statute of limitations.) Pinsky told me he continued to practice while his Connecticut license was suspended because he's also licensed in New York. He also said he regrets the incident that led to the suspension.

At best, Pinsky seems to have rushed to stake a potential claim against Connecticut when the people of Newtown (and the rest of the United States) are still staggering from the death of 20 first-graders.

Of course, there are lots of lawyers who file ill-considered cases, so why am I singling out Irving Pinsky? Because I keep thinking about how he would justify his notice of claim to those 6-year-old kids. There's an old adage that you shouldn't do or say anything you wouldn't want to see reported on the front page of The New York Times or The Wall Street Journal. Thankfully for those of us in the news business, people ignore that rule every day. And clearly, the Pinskys of the world are happy for even critical attention. But what if you were judged not by adults inured to dubious deeds but by children with a more concrete sense of right and wrong? I'd bet that most first-graders would tell you it's wrong to profit from someone else's sadness.

There's already too much cynicism in this country about the motives of plaintiffs' lawyers, the vast majority of whom act honorably to bring justice to the injured. There would be a lot less if every plaintiff's lawyer had to answer to a murdered 6-year-old.

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Comments (1)

2/12/2013 11:20:16 AM by MROHINSKY

Alison, I find your point of view bitter. You are plastering bad vibes about someone you know only through the black and white print you read it from. I think no matter who you are in this "dog eat dog" world, that we created, in order to be successful one needs to push hard in order to make it. Attorneys in specific need to push harder than most due to the numbers game. Now granted that someone can look at Mr. Pinsky's recent case and think ill of it because of the raw emotions still lingering but he's not suing you or the sadly unfortunate beautiful children whose lives were dramatically cut short, or the families of those beautiful children. I would like to note that every attorney who is passionate about his job would jump at an opportunity of representing a case of such magnitude. Mr. Pinsky is an extremely generous person and he is good at what he does, do you know why? Because he is extremely passionate about what he believes in and has an overall concern about people's wellbeing. I bet once you saw this and noticed you were able to write an article you were salivating at the opportunity to put someone successful down with the expectations to elevate your journalistic status. That ironis isn't it, you are bashing someone who, in your opinion, is doing the wrong thing when in fact you are doing what every good parent in the world teaches their children NOT to do which is insult people and manipulate information for your benefit. In the article you wrote, you try to expose a negative side of Mr. Pinsky that in actuality doesn't exist, by bringing up his past in which you briefly stated Mr. Pinsky regretted. We all make mistakes and we all see things in different lights but my parents raised me to be happy for someone when they are doing well and making a difference not bash them. Anyone with a brain in their head knows to take a journalists point of view in an article with a grain of salt, and in the eyes of a realist you seem like you are grabbing at straws where you look like the black sheep going against the grain. What you really should think about, and the people reading my comment should as well, is not the content of the case (because we only know what they want us to know) but the players and scenario. Take a generic look at the case that you attempted to degrade Mr. Pinsky reputation on. An attorney was approached by a client that claims to be a victim. After the consult the attorney notices that this is an extremely high publicized and emotional case in which he saw as a legitimate legal case against a particular public entity. The client chose this attorney because of past cases in which he demonstrated a tenacious regard for justice and was legitimately fighting for the right causes. The defendants in the case are denying liability against the claims, so the plaintiffs' attorney vows that he will go above and beyond to seek justice for them and for all who can potentially be victim to a similar tragedy in the future. The attorney will not let anything get in his way especially something as minor as the legal genre that his specialty falls into. Guess what? The client was right, not only is he looking out for the best interest of his client but he is attempting to restructure the safety protocol and precautions of our children's schools. It's funny because it kind of reminds me of about hmmm, I don't know, maybe every single law case out there, the only difference is that Mr. Pinsky is not afraid to stand for what he believes in. Does anyone attempt to harass criminal attorneys for looking out for the best interests of their clients whether they are guilty or not. NO they don't. Did anyone write articles bashing the law firm that sued Phillip Morris Co., or the law firm that represented their client in a lawsuit against a fast food chain because he ordered hot coffee and spilled it on himself and then claimed because the cup didn't have a caution label on it he didn't know it was hot. NO they did not. The answer is anyone in their right mind wouldn't think twice about berating someone for just simply doing their job and in this case doing it well. If you want to have an opinion that's your right and in fact I would greet it with open arms but once you fill that opinion with insults and breadcrumbs of berating's you turn your opinion into a silent noise, or in this case a blotch of ink and a waste of time. Alison, brush up on your manners. Separately, as a parent of 4 children under 8 I respect and admire people, whoever they are, that try to make the world a better place. There is always a price tag in lawsuits and this case was stamped with a large one due to its magnitude but quoting the old adage "Don't hate the player, hater the game".


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