Now, trial lawyers could use a good lawyer

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Now, trial lawyers could use a good lawyer

The long-maligned group faces a host of legislative moves to curb its influence.

By Seth Stern | Staff writer of The Christian Science Monitor

WASHINGTON – The headquarters of the trial lawyers association in the nation's capital lies in a predictably tony neighborhood. The red-brick townhouse is nestled in a posh area of Georgetown, alongside a languid canal. These days, however, those who work inside might want to change the canal into a moat.
With Republicans in charge of much of Washington - and moving to put limits on litigation - the headquarters of the Association of Trial Lawyers of America could be described a building under siege.
For years, ATLA has been one of the most powerful and feted lobbying groups in Washington. With its close ties to the Democratic Party, its members were on the state-dinner invitation list in the Clinton years.
Now, trial lawyers are targets more than titans.
Many Republicans want to curb what they view as a corrosive tide of civil litigation in America. George W. Bush made his mark as governor of Texas on this issue of tort reform. Bill Frist, a doctor unhappy about malpractice suits, took the reins as Senate majority leader this year.
The result: ATLA lobbyists are fighting a wave of legislation this year aimed at capping what juries can award, curbing class-action suits, and protecting individual industries from litigation. Similar bills are getting passed in states, and even attorneys themselves are piling on - filing petitions to limit plaintiff lawyers' fees.

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http://csmonitor.com/2003/0610/p02s02-usju.html

Shall we cry for the trial lawyers or cheer for those who are after tort reform? I believe tort reform is desperately needed. The telephone numbers often given by juries are obscene. And in the long run cost us all in higher insurance premiums, medical costs, cost of government and etc. It is not a free ride. In addition the problem of frivolous suites should be addressed. What is your take on the subject?

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I believe tort reform is desperately needed. The telephone numbers often given by juries are obscene. And in the long run cost us all in higher insurance premiums, medical costs, cost of government and etc. It is not a free ride. In addition the problem of frivolous suites should be addressed. What is your take on the subject?

Yes, yes, yes, yes, and yes.

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Re: Now, trial lawyers could use a good lawyer

au1929 wrote:

Shall we cry for the trial lawyers or cheer for those who are after tort reform? I believe tort reform is desperately needed. The telephone numbers often given by juries are obscene. And in the long run cost us all in higher insurance premiums, medical costs, cost of government and etc. It is not a free ride. In addition the problem of frivolous suites should be addressed. What is your take on the subject?

#1. Don't like the awards juries give out? Then volunteer to be on a jury. Right now, jury duty is seen as the place where people go if they can't get out of jury duty. The bottom line is that if intelligent people serve then runaway awards will be diminished.

Also, keep in mind that the runaway awards make news, but the appeals that often overturn them or significantly diminish them don't make such good news so they aren't reported or aren't reported as sensationalistically. The problem, in a nutshell, isn't as bad as it looks on the surface.

#2. Agreed that runaway awards cost us. However, what to do if a large award is deserved? Simple award caps do not work - what price do you put on a young life now kept going on machines? Harken back to the Ford Pinto, where people died horribly because a $7 design change/car was not implemented. Ford rightfully paid through the nose for that. Does that make Fords more expensive? Yes, it did at the time, but the alternative is allowing such a deadly calculus without truly addressing it. Tort cases paved the way for seat belts and guards on power saws. Yes, there are a lot of frivolous tort suits, but a number of them have brought us good results. Don't throw the baby out with the bathwater here.

#3. Frivolous suits are already addressed, with a tort called "malicious prosecution". This tort has been around for many years and provides for court costs and attorneys fees if a case turns out to not only be won by the defendant but also brought with no grounds. The defense winning isn't enough (although it is an essential element of the tort); you need to show that the plaintiff didn't have a cause for bringing the matter to court. Many judges are lenient in this kind of matter - that's where your indignation should be focused. The law already exists; you need judges to enforce it.

By the way, I used to defend corporations.

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Now, trial lawyers could use a good lawyer

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