A Spotter's Guide to Tort Reformers
Just about anyone who knows me knows I have a passion for protecting the justice system from being systematically dismantled for corporate gain. One sometimes inconvenient side effect of my passion is that I find a way to turn just about any subject into a debate on tort reform. Just the other night, for example, a class discussion over the merits of Stephen Covey turned into a heated exchange over Stella Liebeck’s lawsuit filed due to her disfigurement by a defective product. What had been a cordial conversation ended with one woman dropping an f-bomb and storming out of the room. I was shocked – her behavior was neither “principle-centered” nor an “effective habit.”
Within 30 seconds of the debate, I knew with certainty that she was a lost cause, and that nothing would ever change her mind about the civil justice system. Least of all, the facts. How could I tell so quickly? Because I know her type. You see, over the years, I’ve found that many supporters of tort reform fit neatly into specific categories. For your convenience and amusement, here is a spotter’s guide to three types of tort reformers you may encounter in the wild.
Bitter Blue Collar Worker
The Bitter Blue Collar Worker is a man or woman who is solidly middle class. He or she has worked hard to get where they are in life, and are justifiably proud of their accomplishments. They never shy away from hard work, detest laziness, and love their country. With apologies to H.L. Mencken, their only fault is that they’re desperately afraid that somewhere, someone is getting something for nothing. They hear anecdotes about our justice system, like “Remember that woman who got $2 million bucks for spilling a cup of coffee?” or, “Didja hear about that drunk guy who got a bajillion dollars when he wrecked his car?” and get downright angry at the mere thought that someone received a large sum of money for something as trivial as pain, suffering, or the loss of a loved one. Even talking about multimillion dollar jury verdicts outrages them so much that they’re unable to engage in productive debate. Why, I even had one such person angrily declare she would gladly give herself third-degree burns to her genitals in exchange for a million dollars. Any lengthy discussion with the Bitter Blue Collar Worker will likely end badly. Ironically, the Bitter Blue Collar Worker tends to be the worst kind of personal injury client to deal with, as their misperception of the justice system causes them to demand outrageous sums of money when tragedy finally strikes them.
Corporate Sock Puppet
The Corporate Sock Puppet is generally employed by a so-called “think tank” organization, a lobbying firm, or a Chamber of Commerce. They’re neither interested in nor capable of a serious discussion about the civil justice system. They prefer using sound-bite worthy phrases like “tort tax” and “lawsuit lotto.” All style and no substance, the Corporate Sock Puppet is little more than a actor or actress, paid to recite someone else’s script. One such example was Frank Cornelius, an insurance company lobbyist who was brutalized by the very laws he helped pass.
Shortsighted Defense Lawyer
Once upon a time, Texas had a robust workers’ compensation system that fairly compensated workers for on-the-job injuries. As a result of the strength of the system, both plaintiffs’ and defense firms were able to build lucrative workers’ compensation law practices. In the mid-nineties, the insurance industry suffered another downturn, and in turn raised their rates. Texas employers were particularly hurt by these rate increases, and for a time, Texas had some of the highest workers’ compensation premiums in the country. Texas insurers used the increase in premiums to fund an all-out assault on the workers’ compensation system. Some of their foot soldiers in this battle were the same attorneys they hired to contest fraudulent workers’ compensation claims. The defense lawyers got their way, and the Texas workers’ compensation system was “reformed” in much the same way Dresden was “reformed” by the Allies during World War II. For a short time, the defense bar celebrated their “victory.” But then reality set in – they had swung the pendulum so far in favor of employers, that many injured workers found it difficult to find an attorney to contest their legitimate claims. Without contested claims, these defense lawyers saw their once-lucrative workers’ compensation business dramatically shrink. In the end, they learned the hard way that the insurance industry looks out only for the insurance industry, and sees defense lawyers not as friends to be embraced, but as expenses to be eliminated.
While this guide is more than a little tongue-in-cheek, it's also intended to point out that not everyone who lobbies for "reforming" the justice system does so with good intentions. Some do it out of jealousy, some do it out of greed, and others do it simply because they're paid to. If you've ever visited this site before, you'll know that I fight to preserve our unique civil justice system because I strongly believe that if the Colt 45 was "the great equalizer" in the 19th century, the civil justice system is the great equalizer in the 21st. For that reason, I hope you'll join with me in my fight to preserve the only weapon that the poor and the powerless can use to hold the rich and the powerful accountable for their actions.
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