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The
firm avoids burnout by giving its lawyers generous vacation time to
recover from the frenetic pace. It's not uncommon for partners to
take several months off.
Beyond
that, he is an aggressive lawyer described as a tough negotiator and
capable of controlled volatility that intimidates the opposition.
"He likes to not only get the meat off the bone, but to go in and
get the marrow as well," said former associate Walker.
The
leading rainmaker
Campbell, hired as Krupnick's first associate, quickly
became the firm's leading rainmaker and carries the heaviest caseload.
He gets a great deal of referral business from other South Florida
lawyers who are seeking a litigator, and he expands his range of contacts
as a member of the Florida Bar's governing board and president-elect
of the Broward County Bar Association.
"Skip gets so many cases we almost annually have to redistribute cases
among us," partner Kevin Malone says, "because everybody wants to
hire Skip."
Campbell's style varies markedly from Krupnick's and its hallmark
is congeniality with everyone, including courtroom opponents, and
that plays well with jurors.
"Skip Campbell's approach to the world is as Everyman,"
says John Gillespie, a former associate who left to form his own firm
and now is name partner at Bunnell, Woulfe, Keller & Gillespie
in Fort Lauderdale. "He's the consummate common man. That's really
his appeal."
One of his clients, Michael Mancusi, rented a car from Alamo Rent
A Car in 1986 and was arrested on car theft charges two weeks after
the vehicle had been returned following a complaint to police by Alamo.
The state eventually dropped the charges, but Mancusi sued Alamo for
malicious prosecution.
During the trial, Mancusi recalls, a defense witness testified for
three hours that entries made on the Alamo computer can't be erased.
But after studying computer printouts, Campbell saw a notation indicating
that was not true. Under questioning, the witness quickly conceded
the point.
"He nullified three hours of testimony in 30 seconds " Mancusi
says. "He's like an athlete in the courtroom. He has a real natural
sense for it."
Campbell's caseload is so heavy he has five secretaries to keep up
with it. They hand him an index card each morning with back to back
appointments listed for every half hour of the day.
"We call him the white tornado," says Linda Goepfert of
her fair-haired boss. "He's in and out and goes every minute.
His mind is like a steel trap. He has terrific recall. His caseload
is 300 files, and he has 90 percent recall of those cases."
Litigation expert
While Campbell's
strength is the ability to obtain significant damage awards, Malone
excels in proving defendant liability. Often the two will work together
on a file and utilize each other's strengths. Malone's reputation
also rests on his intelligence.
"Kevin Malone is just one of the smartest people you'll ever
meet," Gillespie says.
Malone is the firm's expert in complex litigation, so he was the obvious
choice to take the lead on the Benlate® litigation. "He never
let the pressure get to him," partner Lisa McNelis says.
"There was so much invested in that case, if something had happened,
if something went wrong, the whole firm had invested their salaries
in it," McNelis says. "Kevin never lost his positive attitude
and never let anyone know the pressures he was under."
Malone pursued the cases with an intensity that partners and associates
say is typical of the firm.
"On my third day of work, I flew to Pierson, Fla., and joined
Malone with Benlate® clients," McKee remembers. "We
didn't stop for lunch. At 11:30 at night, he said, Pull over
at this Stop & Go, you're buying me a can of spaghetti and making
me dinner.' "That was the end of my work day."
While widely reputed to be an aggressive, demanding firm, Krupnick
Campbell receives little but praise from competitors and opposing
counsel.
"They are a group of excellent lawyers and they do a very fine
job," said competitor Gary Cohen, a partner in the Fort Lauderdale
office of Grossman & Roth. "I've never heard a bad word."
West Palm Beach attorney Eric Peterson, who has opposed the firm in
a number of cases, says Krupnick Campbell's lawyers fight hard, but
fair.
"I look forward to a good, clean, fair fight when we are up against
those guys," Peterson says. "I emphasize good, clean and
fair. There are some lawyers who can tell you something over the phone
and you can bank on it, and that's the case with the Krupnick firm.
They have an excellent reputation for honesty and integrity."
Three weeks ago, partner Joseph Slama sued one of Peterson's clients,
Stecklow Engineering, to recover damages following electrical problems
at Galleria Mall in Fort Lauderdale. Peterson said he showed Slama
evidence that his client wasn't involved with installation of the
electrical system at the mall. Slama immediately agreed to drop Stecklow
from the case, Peterson says, thereby saving the company legal expenses
and aggravation.
Generosity
to staff
The firm is
just as scrupulous in how it treats its lawyers and staff.
Former associate Walker recalls that his second child had just been
born when he decided to leave to start his own firm. Krupnick, he
said, helped make the transition possible.
"I took a sizable number of clients with me, he said. "Jon
Krupnick was very helpful and encouraging."
The firm cements loyalty with generosity. The staff receives bonuses
for every settlement or verdict of $1 million or more. "Everything
they do is top drawer," Goepfert says. "They don't skimp
on the staff."
The firm earns loyalty through its small gestures as well.
"After 10 years, you become a sacred cow," Goepfert says.
"It started out as a joke when Krupnick said there weren't any
sacred cows. They had a party and gave us a scales of justice necklace
with little cows hanging on the bags. We have a lot of sacred cows
here."
Partner Campbell says the firm's partners haven't forgotten their
roots. "One of the cementing forces that keeps this firm together
is that no one has changed their morality, which is to try to treat
people they way you ought to be treated yourself and not to think
you are better than anyone else," says Campbell, who lived on
food stamps for two years while in law school. "Whenever we hire
anybody, we hire them on as a family member. We feel strongly that
you have to give back to the office personnel. "
The firm avoids burnout by giving its lawyers generous vacation time
to recover from the frenetic pace. It's not uncommon for partners
to take several months off. Krupnick, for example, took a four month
sabbatical in the South Pacific three years ago.
"It's a good balance," Malone says. "On the one hand,
everyone works very hard here. On the other hand, there is more to
life than work. Lawyers can take off whenever they want. I usually
take off for two months a year. Because everyone naturally is a very
hard worker, there is never a question of 'he's not pulling his load.'
"
The firm never worked harder than during the 2 1/2 years
it represented its grower clients in their effort to recover damages
from DuPont. Partner Thomas Buser and associate McKee worked full-time
with Malone on the Benlate® cases.
When the firm first started taking Benlate® cases, DuPont had
recalled the fungicide and paid at least $510 million in damage claims
to growers. Krupnick Campbell was competing with 40 law firms to get
the cases. Then, in November of 1992, DuPont announced it was stopping
all payments because its research had proved that Benlate® had
not caused damage. With the easy money gone, other firms dropped out
of the running, leaving potential plaintiffs without counsel.
"Normally, I wouldn't take 200 cases," Malone says. "But once
I started taking the big cases, I couldn't leave the small cases adrift
because nobody wanted them. If you're going to do the base research
you might as well have a lot of cases."
The firm realized how difficult the Benlate® litigation would
be in 1993 when Atlanta plaintiff's lawyer Neil Pope tried the first
Benlate® case in Georgia and settled, fearing a loss, while the
jury was deliberating. The jury foreman later told the Fulton County
Daily Report that the jury was on the verge of exonerating Dupont
when the settlement was announced.
That's when the partners at Krupnick Campbell began discussing how
many cases they could lose before giving up the battle.
But luck was on the firm's side. When Broward Circuit Judge W. Herbert
Moriarty asked both sides to pick the case they were most likely
to win, DuPont's attorneys and Malone both selected the same one.
It was the first to go to trial.
Malone believed the case was as near as he was going to get to a sure
thing. A DuPont employee had told his orchid grower client in Bradenton
that his crop damage was caused by Benlate® and the company paid
him $200,000 as an advance on a settlement. The company later decided
not to go through with the settlement after it completed its own tests
on Benlate®.
The second case for trial was picked out of a hat by a court reporter.
"Typical of my good luck, she drew the name of my second favorite
case," Malone says. "I'm the most extraordinarily lucky individual
in the world - $200 million litigation and the right name comes out
for me. That's the way my legal career has gone."
The firm didn't press its luck, turning instead to painstaking preparation
for trial. Thousands of DuPont documents had been made available to
plaintiffs' lawyers across the country. Most plaintiffs' firms hired
other firms to examine the documents, but a handful, including Krupnick
Campbell, did that work for themselves, an effort that associate McKee
says consumed "thousands" of hours.
By so doing, the firm was able to unearth those most damaging to DuPont
and Malone relied on the internal memos to convince jurors that the
company knew it had a flawed product. A 1989 memo, for example, noted
"horror stories" regarding quality control at one Benlate®
plant. "It's not a matter of having a smoking gun. It's a matter of
having a loaded gun," says McKee of the work to get ammunition to
use against DuPont.
Jurors in the first trial were strongly persuaded by those memos,
according to juror Evelyn Feldman. "We did rely more on the written
word in the memos," she says. The effort paid off. Malone won
a $3 million verdict in the first trial in 1993, and later that year
a $668,000 verdict in the second trial.
Using those two victories as leverage with DuPont, Malone was able
to negotiate sizable settlements for the remaining cases and says
most of his clients got the compensation they desired. About ten weak
cases settled for nominal amounts, he says. "Not only is he a
good litigator, he's a good strategist," says Miami lawyer Louis
Vendittelli, who also has represented growers in suits against DuPont.
"He understood the motivations behind DuPont and the reasons
they might settle with him and he used that to his advantage.
"DuPont at that time needed some good press and needed to show
their investment bankers that it could handle all of these cases,"
he says. "By getting settlements at those levels, they were able to
allay the investors' concerns."
Once the Benlate® cases were settled, the firm's lawyers had some
adjustments to make.
"After Benlate® was over, we had to acclimate to the real
world," Slama says. "It was nice to stay home a few weekends...
For us, that was almost like a vacation."
Story by JANICE HELLER * Photos by MELANIE BELL
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