Hildebrand, McLeod & Nelson,
better known as the "Hildebrand Firm" had
its start in 1926 when Cliff Hildebrand (1899-1977)
decided to reject the safety and financial rewards of
corporate law and become a standard bearer and advocate
for the working man. It all came about when Cliff was
fishing the Sacramento River outside of Dunsmuir, California
and befriended a brakeman and fellow fisherman who worked
for the Southern Pacific Railroad. Upon finding out
that Cliff was a lawyer he proceeded to inform him that
a number of his co-workers had suffered serious injury
while at work for the railroad and that they were unable
to find an attorney to represent them as it appeared
they were all fearful of the railroad's power and influence.
This intrigued Cliff, and he soon filed a half-dozen
lawsuits against the railroad under the Federal Employers'
Liability Act, a law enacted in 1908 as "a response
to the special needs of railroad workers who are daily
exposed to the risks inherent in railroad work and are
helpless to provide adequately for their own safety."
Sinkler vs. Missouri Pacific Railroad Co. (1957) 356
U.S. 326; 2 L.Ed.2d 799 at 802. Unlike workers in other
U.S. industries, railroad workers did not have worker's
compensation protection. Their only remedy was (and
is) to bring suit under F.E.L.A.
Shortly after filing those cases, the
Chief Claim Agent for the Southern Pacific Railroad
contacted Cliff and indicated, in so many words, that
the Southern Pacific did not settle cases with lawyers,
that they go to trial and win every time, and further
more that if he, Clifton Hildebrand, did not drop the
cases that were filed, he would have him disbarred in
six months time. Cliff responded by telling him that
up until that time, he had not made up his mind as to
what kind of law he wanted to practice, but he said,
"Now I know. I'm going to specialize in suing the
railroads, and particularly the Southern Pacific for
injured railroad men who are hurt on the job."
From that threat, the journey began. During the
ensuing years, Hildebrand, through settlements and trials
won millions of dollars for railroaders hurt on the
job as well as for the other injury victims involved
in car crashes and construction accidents. He was the
pioneer in F.E.L.A. litigation west of the Rocky Mountains
and his appellate decisions helped shape the liberal
application of F.E.L.A. from coast to coast.
Being a successful pioneer had
its costs. True to their word, the Southern Pacific
attempted to bring disbarment proceedings against Cliff
in 1928. Investigators hired by the railroad persuaded
two former clients to give statements indicating that
their cases had been solicited. A state bar hearing
was held and the charges were found to be bogus.
In 1930, Cliff was named as one of the
original designated counsel for the Brotherhood of Railroad
Trainmen.
In 1935, Hildebrand hired a young lawyer,
Charles McLeod (1910-1991), to assist him with his burgeoning
caseload. This association and later partnership was
to last through both their lifetimes.
In 1939, through the instigation of
the Western Pacific Railroad and the Southern Pacific,
charges were again brought against Hildebrand for soliciting
cases or what was popularly called "ambulance chasing".
This was a long and costly case that ended up in the
California Supreme Court. When the smoke cleared, the
court found that the Western Pacific claims agents had
gone directly to the widow of a trainman who had been
killed at work after they knew she was represented by
Hildebrand. They settled with her directly then prepared
a statement for her to sign stating that Cliff had solicited
her case. Her later testimony indicated that not only
was Cliff recommended by a close friend, but that her
late husband had known Cliff and had instructed her
to secure his services in the event of an accident to
him. The Court threw out the charges.
The team of Hildebrand and McLeod became
so successful at winning just compensation for their
clients that they became, in Cliff's words: "Public
Enemy Number One" as far as west coast railroads
were concerned. In 1948, they were attacked again. This
time it was a consortium of the A.A.R. (Association
of American Railroads), the Santa Fe and the Southern
Pacific. Again numerous unsubstantiated charges of solicitation
were brought along with the charge that cases were being
"channeled" to the Hildebrand firm by the
Brotherhood of Railroad Trainmen in violation of the
Bar Associations rules of ethics.
This time the Bar Association, acting
under a tremendous amount of political pressure put
on it by the railroads, ordered that Cliff be suspended
for four years from the practice of law. The Appellate
Court reduced it to four months, and the Supreme Court
of California determined that no discipline was warranted.
But after grappling with the issue of "channeling",
the court decided that it was against the Bar's rules
for the Brotherhood to recommend and designate certain
lawyers for their membership. Justice Traynor wrote
a stinging dissent wherein he criticized the railroad
claims practices and attorneys who were not competent
to handle F.E.L.A. cases. Justice Carter concurred and
added that it was one of the union's functions to select
a competent attorney to assist an injured workman.
Thus, the Hildebrand firm resumed business
when the Supreme Court decision came down at the end
of 1950. While waiting for the courts to determine the
matter, Cliff shifted his pending cases to his old friend
George Bodel in Los Angeles and introduced him to the
working of the F.E.L.A. The Bodel & Fogel firm existed
for many years as the firm of Fogel, Feldman, Ostrow
Ringler & Klevens. In the next 20 years the Hildebrand
firm spawned many current attorneys working in the field,
Dick Crow ran Hildebrand's office in Los Angeles and
later became the Crow Firm. Cliff associated Carleton
Reiter and Monte Bricker whose firm was know as Bricker,
Zakovics, Querin, Thompson and Ritchy, and John Rossi
in Denver where his practice is known as Rossi, Cox,
and Vucinovich.
The railroads were not finished trying
to derail Hildebrand. In 1963, they filed for an injunction
in the Los Angeles Superior Court seeking to enjoin
the Hildebrand firm from practicing law. Their plan
was to keep the firm so busy defending their right to
practice law that they would have neither the money
nor time to represent injured railroad workers. While
this state action was pending, the United States Supreme
Court, in the matter of the Brotherhood of Railroad
Trainmen v. the State of Virginia, issued an opinion
holding that the union had every right to refer its
injured members to a lawyer or firm "with a reputation
for honesty and skill in representing plaintiffs in
railroad personal injury litigation." The court
stated that "injured workers or their families
often fall prey on the one hand to persuasive claims
adjusters eager to gain a quick and cheap settlement
for their railroad employers, or on the other to lawyers
either not competent to try these lawsuits against the
able and experienced railroad counsel, or too willing
to settle a case for a quick dollar."
The United States Supreme Court holding
became the law of the land and the state action against
Hildebrand was quickly dismissed.
In 1964 Cliff stole Frederick Nelson
away from the Southern Pacific Law Department and thus
gained a brilliant and persuasive trial attorney. In
two years he was made a partner and the firm's name
became Hildebrand, McLeod & Nelson, a name which
is retained to date. In 1967, David Draheim was plucked
away from the District Attorney's office expanding the
trial staff to four lawyers. The firm continued to aggressively
represent injured railroad workers and their families
in all of the railroad crafts.
Following the retirement of Clifton
Hildebrand and Charles McLeod in the late 1970s, Anthony
Petru was hired fresh out of Law School in 1980. The
firm continues today with the three partners, Mr. Nelson,
Mr. Draheim, and Mr. Petru, all specializing in the
areas of practice pioneered so many decades ago by Cliff
Hildebrand. |