Attorney Robert Reardon Jr. Courtesy photo

A New London-based personal injury attorney for more than 50 years, Robert Reardon Jr. said the biggest change in personal injury law was tort reform legislation enacted in Connecticut in the late 1980s.

Reardon, a 74-year-old Niantic resident, is the principal at The Reardon Law Firm.

In a question-and-answer session with the Connecticut Law Tribune, Reardon discussed tort reform, and how it changed—he believes for the worst—the legal landscape and how fellow personal injury attorneys ply their trade.

An especially impactful tort reform was a change that limited punitive damages to the actual cost of litigation, including reasonable attorney fees.

Reardon oversees a staff of five attorneys, including his daughter Kelly. He received the Connecticut Law Tribune's Professional Excellence Award in 2016. He received his law degree from Fordham University School of Law in 1970, and was a captain from 1971-1973 in the U.S. Marine Corps.

Here is the interview with Reardon, edited for length and clarity.

Connecticut Law Tribune: You have been an attorney for more than 50 years and focus exclusively on personal injury law. What has been the biggest impact on personal injury law the past five decades, and how have attorneys reacted to it?

Robert Reardon Jr.: The biggest impact clearly was tort reform legislation passed in Connecticut  in 1986 and 1987, as a result of extensive national lobbying by the insurance industry.

Since 1986 and 1987, the insurance industry, which is the most powerful lobbying group in the United States, has had a tremendous influence on the personal injury and wrongful death litigation process in our state and nationally.

Plaintiffs personal injury attorneys have had to adjust. The tort reform, specifically, says there are a number of hurdles that exist in state law that a plaintiff and their lawyer must meet in order to receive fair compensation. Before tort reform, the jury was left to their own common sense and experience to arrive at fair damages for plaintiffs. But after tort reform, the legislative system has interjected itself into the process by taking the application of common sense away from the jury. I must say, though, I have complete confidence in the jury system.

CLT: Both you and your firm have taken on several pro bono initiatives, perhaps none as long and detailed as the 15 years you spent working to get tenants out of the 124-unit rat-infested Thames River Apartments in New London. Talk about the pushback you received from the town.

Reardon: The initial reaction of the city of New London was that they resisted us in telling them what to do.

The mentality always is with any government entity, when you are pro bono counsel or unable to afford counsel, is that "We know better, and please stop interfering with us carrying out our governmental responsibilities to our citizens." We learned that they, in fact, did not know better.

In fact, over the period of more than a decade of litigation, the municipality was unable to accomplish what they repeatedly assured us would happen: They failed to carry out their responsibilities to the tenants of the apartment complex.

Despite having ample opportunity to do so, they finally allowed the court and our firm to intervene so that the tenants could receive a safe place to live

CLT: Many lawyers are adverse to nonattorneys who provide alternative legal services, while others say it's the wave of the future. What is your view on those that provide alternative legal services, and do you think the practice takes money away from attorneys?

Reardon: There are many areas of law where alternative legal services are very valuable to the general public. Simply put: Most people can't afford to pay lawyers and, as a result, there are many areas of law where alternative legal services are essential, such as matrimonial law and criminal law.

Fortunately, the field of law our firm works in—personal injury law—has always been structured so that no one who has a legitimate claim for injury or death will ever be denied an attorney.

The system allows us to charge our fees as contingency based on the outcome of the case and, as a result, clients never have to pay a lawyer in a personal injury claim unless they recover.

I've always felt good lawyers will always be busy, The number of attorneys graduating from law school are many multiples from when I graduated 50 years ago. And therefore certainly some are concerned about their ability to make a living (because of alternative legal services).

CLT: Several personal injury law firms in this state spend a massive amount of money on advertising, but your firm doesn't. Tell us why and whether you think advertising demeans the profession.

Reardon: We've never felt the need to advertise. We've always relied upon references from lawyers and clients and members of the community. They know our reputation as a personal injury and wrongful death firm.

We believe that if you have an excellent reputation in your community as a firm, regardless of whether you are a personal injury firm or not, that your client will come to you by reputation and referrals from others.

I think advertising does demean the profession when it's not done properly and with discretion. I think most people nowadays do not put a lot of weight in how many advertisements a particular law firm can purchase on TV. Rather, they seek out advice from their friends and relatives and neighbors about who is a good lawyer for them to go to.

CLT: You've spent most of your professional career in New London. Did you ever desire to work for one of the state's larger firms and tell us about the advantages of working for a smaller firm.

Reardon: I went to college in New York and most of my classmates went off to the large Manhattan law firms. I've continued through 50 years to keep in touch with a good number of them. I know what their life has been like and what mine has been like. I've never had a regret that I made the right decision in deciding to come home to New London after leaving the Marine Corps.

As a young lawyer working for a smaller firm you have the opportunity to have hands-on experience practicing law, as I did, when I started with a small firm in New London. As you progress through your career, you also have an opportunity for quicker advancement to being partner and success than at a larger firm.

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