from 2022 CAALA President Douglas Silverstein
In just the past week, plaintiff attorneys in California have come under unprecedented attacks. Typically, we expect these attacks to emanate from insurance companies and other outside groups who seek to limit remedies and prevent victims of corporate misconduct from receiving full and fair compensation. That is certainly the case with the ballot initiative that was just filed by Uber on October 3, 2025 – a personal injury attorney fee cap initiative – proposing an amendment to the California Constitution which, if passed, would drastically and dangerously cap attorneys’ fees in auto cases. The title of the initiative —"Protecting Automobile Accident Victims from Attorney Self-Dealing Act” – and the language of the initiative itself are written to make it sound like it will protect consumers and put more money in their pockets. But, the reality is that, if this passes, it will be much more difficult for victims to hire attorneys and will leave consumers at the mercy of dealing with insurance companies themselves. Under the measure, after factoring in costs and medical liens, contingent fees could be less than 10%, making it virtually impossible for consumers to seek justice.
Beyond this, there is another kind of attack on our profession that comes from within and, although rare, provides fuel for Uber and others to exploit in their efforts to limit remedies and cap attorney fees in the hope that such caps will drive plaintiff attorneys out of business and make it more difficult for deserving consumers to find competent legal representation. On October 2, 2025, a Los Angeles Times article reported that DTLA Law Group paid individuals to sue the County of Los Angeles as part of the biggest sex abuse case ever. If true, the alleged misconduct undermines the integrity of our justice system and the survivors who depend on it. As if speaking directly to this kind of misconduct, the Uber initiative specifically references "billboard attorneys" and personal injury attorneys "gaming the system."
Former CAALA President and current President of the Consumer Attorneys of California (CAOC) Geoff Wells has already called on the State Bar to investigate DTLA Law Group to the fullest extent of its authority, and for an audit of the sex abuse settlement against the County of Los Angeles. CAALA joins in that call.
CAOC has also sponsored two important bills – SB 37 (Umberg) and AB 931 (Kalra) – which make up CAOC’s attorney ethics package for 2025. These bills are needed now more than ever to ensure that consumers have strong remedies when ethical standards are violated. SB 37 restores public trust in attorney advertising by making it easier for consumers to hold unethical attorneys accountable for misleading advertising practices. SB 37 specifically includes a direct consumer remedy against “runners” and “cappers” acting illegally to solicit cases. AB 931 establishes strict guidelines for the litigation funding industry to ensure consumers who rely on non-recourse cash advances are not taken advantage of in their time of need. The measure also clearly prohibits the sharing of legal fees with out-of-state special interests – a practice known to compromise ethical standards. CAALA joins in urging Governor Newsom to sign these two important bills, which are currently on his desk.
These recent misconduct allegations come at a time when school districts, public entities, and other powerful groups are more interested in protecting abusers and limiting their exposure by capping damages, and will no doubt attempt to exploit rare cases of attorney misconduct to prevent survivors from having their day in court.
As CAALA members, we all must act with the highest ethical standards. We urge you – our members – to join us in the collective fight to protect access to justice.
