'Basic' error is focus on loss

, The National Law Journal

Milberg recently paid the government $75 million to avoid prosecution for bribing "professional plaintiffs" to serve as stalking horses for its suits. The settlement followed guilty pleas of two of the firm's former partners, Bill Lerach and Melvyn Weiss, for their parts in the scheme. These convictions led to the predictable calls to crack down on class action lawyers. But lawyers simply respond to the perverse incentives created by securities fraud litigation. The problem is the system, not the lawyers.

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