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Jim Muir: Cash flows in 'mysterious ways'

Thursday, November 10, 2005 6:55 AM CST

My first reaction when I glanced at the front page was "Wow!" Of course, I'm referring to the gala fundraising event at SIUC last weekend and particularly the hefty $10.2 million donation that was made by East Alton attorney John Simmons, also an SIU trustee.

That is the largest private donation in the university's history, and to those of us who work the 40-hour-plus grind every week, that kind of money, especially as a donation, is hard to comprehend.

While Simmons made the announcement, the donation actually comes from SimmonsCooper LLC, a Metro East law firm he founded only five years ago with partner Jeffrey Cooper.

Interestingly, none of the news accounts about the donation gave any indication that SimmonsCooper has doled out big bucks to a variety of endeavors and causes during the past few years. We're all aware that attorneys are paid well for their services, but like me, you might be wondering how a law firm that was founded only five years ago can routinely donate tens of millions in cash. In short, SimmonsCooper might be looked at as a modern-day Robin Hood, taking from the rich and giving to the, well ... not-so-rich.

Actually, SimmonsCooper's meteoric rise is due in large part to geography and politics. Let me explain.

I became aware of SimmonsCooper about a year ago, when Democrat Gordon Maag and Republican Lloyd Karmeier were trading mud-slinging commercials during the ill-fated Illinois Supreme Court judicial race that Karmeier won. The Illinois Civil Justice League reported that SimmonsCooper donated $1.1 million to the failed Maag campaign.

That sent up a red flag with me, so I did a little research to try and find out more about SimmonsCooper. I found a story in the St. Louis Post-Dispatch that detailed their quick rise to untold wealth.

The first thing you need to know is the law firm is located in Madison County, commonly referred to as a "judicial hellhole" and a "plaintiff's paradise." And that's not just a statewide perception, that's a national perception. Secondly, add in that Madison County has been for years dominated by a one-party political system with all Democrat judges - judges whose campaigns are financed almost exclusively by trial lawyers.

The third piece of the equation is that during the past decade Madison County has turned into the national center for asbestos litigation. The story related how last year approximately 1,500 asbestos lawsuits were filed nationally and 457 of those were filed in Madison County. Of those 457, SimmonsCooper filed 375. And asbestos means big money in Madison County, with settlements ranging from $3 million to $4 million for asbestos-caused cancer and six-figure settlements for breathing problems related to asbestos.

In fact, the two biggest settlements ever awarded nationally originated in Madison County, with settlements of $250 million against U.S. Steel and $34 million against Shell Oil.

SimmonsCooper was the plaintiff attorney in both cases.

Knowing the climate in Madison County, businesses are leery about going to trial as evidenced by the fact that during the past decade 5,150 asbestos lawsuits have been filed in Madison County and only five have gone to trial.

Routinely, plaintiff attorneys receive one-third to 40 percent of the spoils, which makes it a little easier to understand how handing out a $10 million check is a big deal, but then again not a big deal to a guy like Simmons. Despite the $10 million to SIU, I suspect Simmons' kids will still have a good Christmas.

The huge donation and the source reminded me of a story from years past. I have a friend who is an excellent pool player, and when he was younger, he had a penchant for late- night games at local watering holes. Those games usually started around midnight and always involved some wagering.

On one particular night, he won $900. Perhaps it was guilt or generosity, or a little mix of both, but when he arrived home around daylight, he split the money with his wife. In her mind, the proceeds from that lucrative night of nine-ball could just as easily have been manna falling from Heaven.

You see, what my friend didn't know was that his wife, who was a devoutly religious person, had only recently pledged $200 to her church's building fund for a new addition that was under construction. She told me later that she pledged the money, not knowing for sure where she would get it but with the belief "God would provide a way." After giving the matter some thought, she was concerned and worried by the fact that the money came from gambling and immediately went to her minister with her concern. She told him the entire story, explaining that her donation came from a pool game in a bar where gambling and alcohol were commonplace.

The minister listened intently, apparently weighing both sides of the situation. Finally, he spoke.

"Sister," he said as he took the two crisp $100 bills from her hand, "the Lord works in mysterious ways."

Apparently, so do trial lawyers and college administrators.

JIM MUIR is a columnist for The Southern Illinoisan and can be reached at writeon1@shawneelink.net@shawneelink.net