Charles M. Silver
- Roy W. and Eugenia C. McDonald Endowed Chair of Civil Procedure
- Professor
Charles Silver teaches courses on civil procedure, health law, and professional responsibility. His current research focuses on aggregate lawsuits, attorneys’ fees, professional responsibility, and health care law and policy. He previously worked with a group of empirical researchers on studies of medical malpractice litigation in Texas for over a decade. Professor Silver has authored several publications, including his most recent books “Medical Malpractice Litigation: How It Works, What It Does, And Why Tort Reform Hasn’t Helped” and “Overcharged: Why Americans Pay Too Much for Health Care.”
Featured Work
Charles Silver holds the Roy W. and Eugenia C. McDonald Endowed Chair of Civil Procedure at the University of Texas at Austin School of Law. His research focuses on aggregate lawsuits (including class actions and other mass proceedings), attorneys’ fees (including contractual compensation arrangements, common fund fee awards, and statutory fee awards), professional responsibility (focusing on lawyers involved in civil litigation on behalf of plaintiffs and defendants), and health care law and policy (with an emphasis on the payment system). For over a decade, he worked with a group of empirical researchers on studies of medical malpractice litigation in Texas. He served as an Associate Reporter on the Principles of Aggregate Litigation, which the American Law Institute published in 2010. His recent books are Overcharged: Why Americans Pay Too Much For Health Care (Cato Inst. 2018), coauthored with David A. Hyman, and Medical Malpractice Litigation: How It Works—Why Tort Reform Hasn’t Helped (Cato Inst. 2021), coauthored with Bernard S. Black, David A. Hyman, Myungho Paik, and William M. Sage.
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year-1998
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Article
Flat Fees and Staff Attorneys: Unnecessary Casualties in the Continuing Battle over the Law Governing Insurance Defense Lawyers
Charles M. Silver, Flat Fees and Staff Attorneys: Unnecessary Casualties in the Continuing Battle over the Law Governing Insurance Defense Lawyers, 4 Connecticut Insurance Law Journal 205 (1997-98). -
Article
I Cut, You Choose: The Role of Plaintiffs' Counsel in Allocating Settlement Proceeds
Charles M. Silver, I Cut, You Choose: The Role of Plaintiffs' Counsel in Allocating Settlement Proceeds, 84 Virginia Law Review 1465 (1998) (with Lynn A. Baker).
year-1997
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Article
Mass Lawsuits and the Aggregate Settlement Rule
Charles M. Silver, Mass Lawsuits and the Aggregate Settlement Rule, 32 Wake Forest Law Review 733 (1997) (with Lynn A. Baker).
year-1996
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Article
Are Liability Carriers Second-Class Clients? No, But They May Be Soon--A Call to Arms Against the Restatement (Third) of the Law Governing Lawyers
Charles M. Silver, Are Liability Carriers Second-Class Clients? No, But They May Be Soon--A Call to Arms Against the Restatement (Third) of the Law Governing Lawyers, Coverage, March-April 1996, at 21 (with Michael Sean Quinn). -
Article
All Clients Are Equal, but Some Are More Equal Than Others: A Reply to Morgan and Wolfram
Charles M. Silver, All Clients Are Equal, but Some Are More Equal Than Others: A Reply to Morgan and Wolfram, Coverage, May/June 1996, at 47 (with Michael Sean Quinn). -
Article
Professional Liability Insurance as Insurance and as Lawyer Regulation: Response to Davis
Charles M. Silver, Professional Liability Insurance as Insurance and as Lawyer Regulation: Response to Davis, 65 Fordham Law Review 233 (1996). -
Article
The Legal Establishment Meets the Republican Revolution
Charles M. Silver, The Legal Establishment Meets the Republican Revolution, 37 South Texas Law Review 1247 (1996). -
Book Chapter
Bargaining Impediments and Settlement Behavior
Charles M. Silver, Bargaining Impediments and Settlement Behavior, in Dispute Resolution: Bridging the Settlement Gap 51 (David A. Anderson ed.; Greenwich, CT: JAI Press, 1996) (with Samuel Issacharoff & Kent D. Syverud). -
Book Chapter
Getting and Keeping Clients: Advertising and Marketing Legal Services
Charles M. Silver, Getting and Keeping Clients: Advertising and Marketing Legal Services, in A Guide to the Basics of Law Practice 21 (W. Frank Newton ed.; Austin: Texas Center for Legal Ethics and Professionalism, 1996 ed.) (with James M. McCormack & Mitchel L. Winick). -
Book Chapter
Your Role in a Law Firm: Responsibilities of Senior and Junior Attorneys
Charles M. Silver, Your Role in a Law Firm: Responsibilities of Senior and Junior Attorneys, in A Guide to the Basics of Law Practice 103 (W. Frank Newton ed.; Austin: Texas Center for Legal Ethics and Professionalism, 1996 ed.). -
Book Chapter
Do We Know Enough About Legal Norms?
Charles M. Silver, Do We Know Enough About Legal Norms?, in Social Rules: Origin; Character; Logic; Change 141 (David Braybrooke ed.; Boulder, CO: Westview Press, 1996).
year-1995
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Article
Wrong Turns on the Three Way Street: Dispelling Nonsense About Insurance Defense Lawyers
Charles M. Silver, Wrong Turns on the Three Way Street: Dispelling Nonsense About Insurance Defense Lawyers, Coverage, November-December 1995, at 1 (with Michael Sean Quinn). -
Article
Integrating Theory and Practice into the Professional Responsibility Curriculum at the University of Texas, Law & Contemporary Problems
John S. Dzienkowski, Sanford V. Levinson, Charles M. Silver, W. Amon Burton Jr.. “Integrating Theory and Practice into the Professional Responsibility Curriculum at the University of Texas, Law & Contemporary Problems.” (Summer/Autumn 1995). -
Book Chapter
Responsibilities of Senior and Junior Attorneys
Charles M. Silver, Responsibilities of Senior and Junior Attorneys, in A Guide to the Basics of Law Practice, 151 (Austin: Texas Center for Legal Ethics and Professionalism, 1995 ed.). -
Book
Special Project on the Professional Responsibilities of Insurance Defense Lawyers, Part 1: Full-Coverage Representations
Charles M. Silver, Special Project on the Professional Responsibilities of Insurance Defense Lawyers, Part 1: Full-Coverage Representations (International Association of Defense Counsel, 1995) (with Kent D. Syverud). -
Article
A Word From the Chair
Charles M. Silver, A Word From the Chair, 8 Insurance Law Anthology xvii (1995). -
Other Publication
Getting and Keeping Clients
Charles M. Silver, Getting and Keeping Clients, in The Ethics Course, 1995-96 75 (Beryl P. Crowley ed.; Austin: Texas Center for Legal Ethics and Professionalism, 1995) (with James M. McCormack & Mitchel L. Winick). -
Book Chapter
Advertising and Marketing Legal Services
Charles M. Silver, Advertising and Marketing Legal Services, in A Guide to the Basics of Law Practice, 15 (Austin: Texas Center for Legal Ethics and Professionalism, 1995 ed.). -
Article
Special Project on Professional Responsibilities of Insurance Defense Lawyers
Charles M. Silver, Special Project on Professional Responsibilities of Insurance Defense Lawyers, 62 Defense Counsel Journal 502 (1995) (with Kent D. Syverud). -
Article
The Professional Responsibilities of Insurance Defense Lawyers
Charles M. Silver, The Professional Responsibilities of Insurance Defense Lawyers, 45 Duke Law Journal 255 (1995) (with Kent Syverud).