I’m still actively discussing a lawsuit. It’s completey viable from what I’ve been told. The exam pass rates, trends, and communications are extremely convincing. There are several lareger firms who would likely work with the case. I think it’s fair to allow a response at the upcoming meetings, but we should not lose sight of what happened this year.
Anyway, I think suing the ABR should be the plan. He shouldn't be on the board if he has a conflict of interest in having less (or more) board certified physicians. When he was originally put on the board he wasn't at 21st Century. He should've stepped down when he took that job.
I am not a lawyer and this is not my specialty. However, after the decades I have picked up a fair amount of legal knowledge by osmosis while practicing medicine. Sure, you need to talk to an actual attorney, but you also need to know the questions to ask and know that if you are paying by the hour, and aren't legally sophisticated there is a good chance you are being scammed.
(Note, you need to talk to an attorney. Don't trust me. Don't listen to your cousin who is a paralegal, or your fellow resident who took a law course as an undergrad. Don't talk to your uncle who does wills and deeds. You need to talk to a lawyer who does this type of contract work.)
The first problem is that it is very likely that you will never be able to get to court. Almost any agreement these days has a provision that requires
any dispute be handled in arbitration. The US Supreme Court in a series of rulings over the years has made these provisions ironclad, so you are not going to get out of it. If an attorney tells you he can contest the arbitration provision in court, you are being taken to the cleaners. What is arbitration? Ever see or hear of Judge Judy? That is arbitration, an extreme example of arbitration, but arbitration none the less. The most important point is that there are no "class actions" in arbitration. So every case would have to be filed separately. Arbitration is also final - there are no appeals; unless the arbitrator literally flipped a coin to make a decision or was given a cartoon bag of money with a dollar sign on it by one of the parties. Now I have no idea if any agreement you signed with the ABR has an arbitration provision, but I would be shocked if it did not.
The second problem is if you get to court (or arbitration). For the sake of argument, lets say there is no arbitration provision. You file a complaint. The ABR will file almost certainly a motion to dismiss. The important point is that this happens
before any discovery. The motion to dismiss will almost certainly include "failure to state a claim." This means that even if everything that the plaintiff (you) says is true, they (you) still cannot win. You have to come up with a legal theory in order to win. "It wan't fair" does not cut it. The simplest way is if there was breach of contract. If the agreement you signed with the ABR says that they must provide an accurate study guide, or all the questions in physics must come from X, then you have a chance. I would be surprised if this is the case. If the legal basis is outside of the agreement there is a very low chance of success and a very high chance the attorney is scamming you.
If an attorney insists you pay him hourly fess (retainer) in a case like this, you should be concerned. An attorney will file any case you like as long as you are paying the bills, even if it has no chance of success. If he is willing to take it on a contingency basis - he puts his resources on the line - then you have a chance. If you ask him to do it on a contingency basis and he laughs, that is all you need to know. The most immediate question you need to answer is arbitration. If there is an arbitration provision you are not getting to court, which means basically no discovery or class action, which basically means your legal options are nil.
I believe the ABMS board are in need of serious reform, but the chances of being able to do this through a legal process are small. If your faculty members will support a revolt, you have a good chance. That should be your focus.