Saeltzer takes over CAOC as major tort reform battle looms

When Douglas S. Saeltzer takes the helm of the Consumer Attorneys of California at its annual convention this weekend, he will immediately become what he calls a "wartime president."

That's because a pending tort reform initiative is slated to go before California voters next year. Tentatively called the Protecting Automobile Accident Victims from Attorney Self-Dealing Act, the Uber Technologies Inc.-backed effort would bar what critics call "phantom damages."

Proponents claim the initiative would prevent dishonest schemes in which crash victims are sent to high-cost health care providers that sometimes kick back referral fees to plaintiffs' attorneys.

Saeltzer said the real goal is to "slam the door" on crash victims by "making it impossible" for them to hire attorneys. Several efforts to change tort law have flamed out without reaching voters in recent years, but Saeltzer warned against "underappreciating what's going on right now."

"Uber spent more money on an initiative than anybody ever has in California," Saeltzer told the Daily Journal recently. "The corporations that are trying to keep individuals out of the courtroom are very powerful. So, we are calling on every resource we have. We are mobilizing our members. We have to do tremendous fundraising."

He pointed to Proposition 22, the successful 2020 bid to convince California voters to overturn AB 5, a state law that would have forced rideshare companies to make drivers employees rather than independent contractors. It set a record by taking in more than $205 million, including nearly $60 million from Uber. Other rideshare and delivery companies poured in another $146 million. Uber, DoorDash Inc., Instacart and Lyft Inc. each individually outspent the entire No on Prop. 22 campaign.

The outward focus of the coming year contrasts with the tenure of outgoing President Geoffrey S. Wells. Under Wells, CAOC sponsored two laws designed to self-police the legal industry. SB 37 places new limits on attorney advertising. AB 931 does the same for consumer legal funding. Both measures came amid an outcry over allegedly unscrupulous "billboard lawyers" and unethical attorneys trying to sign up clients in the aftermath of devastating wildfires.

Saeltzer said Wells had a "remarkably successful" term. He credited Wells and CAOC CEO Nancy Drabble for quietly blocking harmful legislation and helping preserve victims' rights to hold public agencies accountable. The long tenure of Drabble atop the organization and the presence of many other women in prominent roles show that CAOC has been at the forefront among legal organizations in diversifying leadership.

Saeltzer began his career as a prosecutor in the U.S. Army. He went on to become managing partner at Walkup, Melodia, Kelly & Schoenberger in San Francisco, where he became known for high-stakes personal injury and wrongful death cases. According to the firm's website, he has racked up more than $250 million in verdicts and settlements during his career, including several seven- and eight-figure cases on behalf of car crash victims.

He said he was first drawn to the competitive aspect of courtroom battles. He has even taught litigation skills as an adjunct professor at UC Law San Francisco. But Saeltzer said he was not really a crusader for any larger causes until later.

"I became a trial lawyer more for the thrill and the challenge of being in a courtroom than for any broader societal purpose," he said. "Then over time I saw the impact being a plaintiffs' attorney had on people's lives."

This led him to get more involved in professional organizations, joining CAOC leadership several years ago. The list of incoming presidents is set years ahead of time, he added, with the presidency alternating between attorneys practicing in Northern and Southern California.

In other words, Saeltzer said, he did not know he would be leading CAOC during one of its most important fights in decades.

"Everybody says you just don't want a fee initiative during your year," he said. "There hasn't been one for years. Well, I got one."

Saeltzer added, "The president doesn't choose their year. The year chooses you."

The Consumer Attorneys of California annual convention runs through Sunday at the Palace Hotel in San Francisco.