Browning Jr., Dallas Personal Injury Attorney Professional Accomplishments: • Membership in Million Dollar Advocates Forum • Membership in Multi-Million Dollar Advocates Forum • AV® Preeminent™ Peer Review RatedSM by Martindale-Hubbell® Education: • University of Alabama School of Law, J.D., 1979–1982 • John A.
April 5, 1991, Page 00018 The New York Times Archives Porsches. They are the Pulitzer Prizes of the legal profession. But as a Dallas personal injury lawyer named John Cracken was recently reminded, fancy cars are sometimes best left at home. Only four years out of the University of Texas Law School, the 30-year-old Mr. Cracken has become one of the hottest plaintiffs' lawyers in Dallas. He has done so partly by picking up the secrets of his craft -- among them, that conspicuous consumption has no place in a courtroom.
Jurors must never think a lawyer is rich, lest they fear making him richer. As much as 40 cents of every big buck awarded to clients ends in the pockets of their lawyers. This is particularly true in a conservative community like Dallas, whose jury boxes are filled with insurance adjusters, bank employees and other constituencies wary of windfalls. 'Dallas County is a tough place to be a plaintiffs' lawyer,' Mr. Cracken said. 'It's better along the Gulf Coast, where people have friends and relatives who've been injured in the oil patch or offshore.' Thus, on days when he is due in court, Mr.
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Cracken leaves his Rolex at home. He doffs fancy clothes and dons a somber, somewhat ill-fitting suit.
And he usually trades off his $40,000 red Porsche 911 to a colleague with less ostentatious wheels, or rents the kind of generic late-model American-made vehicle, respectable but dull, that congregates like a herd of hippopotamuses in the watering holes of Hertz or Avis. In personal injury practice, a family's calamity is a lawyer's bonanza, and in Martinez v. Rock-Tenn Company that appeared truer than ever. Representing the widow of a Salvadoran mangled by a baling machine, and facing a defense hobbled by court sanctions, Mr. Cracken was understandably eager to get to court when the case got under way in January.
He left his house early enough to make it by 7:30 A.M. -- early enough to beat the jurors and so, he figured, early enough to take his Porsche. But when he drove into the courthouse parking garage, he found himself in a flock of jurors. 'They flanked me on the right and left and behind me,' he recalled. 'It was amazing.'
With a trial lawyer's instincts, Mr. Cracken ducked down toward the glove compartment and began fumbling among its contents until the jurors had passed. But he'd been spotted, and nothing -- not even the 1988 Buick Regal he used afterward -- could undo the indelible. Waiting for the elevator, three jurors discussed what they'd just seen. One of them, Narween (Narky) Blackwell, recalled what one of her colleagues vowed: 'There was no way I'm going to buy that lawyer another fancy car.' Anyone who has ever served on a jury can tell how jurors, having little else to do and little else in common, focus minutely on the lawyers appearing before them.
Thus, though they apparently overlooked the kind of car Mr. Cracken's opposing counsel, Mike Schmidt, drove to court each morning ('a little Mercedes,' Mr. Schmidt said), they noticed that he kept wearing the same dark suit, its jacket lining held in by a safety pin. It was not surprising, then, that Mr. Cracken's Porsche became part of the banter over coffee and doughnuts in the jury room each morning.
'It was just something to talk about,' said one juror, Frances Hensley of Seagoville. 'Everyone knows that lawyers make money.' And with the jury deadlocked over how much to award -- the numbers ranged from $60 million to nothing at all -- the Porsche became part of the deliberations.