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Worry About Tort Reform, Not Trial Lawyers

by Larry Atkins

     Like William Shakespeare, the Republican Party wants to kill all of the trial lawyers.

     OK. Maybe they don't go that far. But they sure don't want one trial lawyer, Democratic Senator John Edwards, to become Vice-President.

      During the past few years, Republicans have demonized trial lawyers and equated them to al-Qaeda and the Ku Klux Klan on the human food chain. It is evident that the tort reform debate between consumer and business interests will be on display throughout the campaign.

     This week, President Bush stated in a rally in Pittsburgh that, “…I don't think you can be pro-doc, pro-patient and pro-trial lawyer at the same time.”

      In his recent "Girlyman" speech, California Governor Arnold Schwarzenegger singled out trial lawyers as a problem. Two weeks ago, Vice President Cheney gave a speech before doctors at an Ohio medical college, in which he blasted trial lawyers and blamed them for increased insurance costs.

Republicans claim that frivolous lawsuits brought by trial lawyers have resulted in runaway jury verdicts, thus resulting in higher medical costs and higher insurance premiums.

     As reviled as they might be, trial lawyers serve a valuable function in society. Lawsuits against major corporations, including HMOs and hospitals help to keep these corporations in check. They act as consumer advocates and encourage safer products to be placed on the market.

     If you want to slap an evil Darth Vader tag on someone, look no further than President Bush and Vice President Cheney and their cozy relationships with big business and major corporations. Bush was part owner of the Texas Rangers baseball team and was a Texas oil businessman before being elected governor in 1994. Cheney ran the Halliburton oil-services company before resigning in 2000 to become Bush's running mate. Cheney receives over $178,000 a year in deferred pay from Halliburton, which overbilled on multibillion dollar no-bid contracts to provide food and shelter to American troops in Iraq. Corporate scandals have run rampant during the past few years, including the Enron bankruptcy. It’s evident that the Bush-Cheney ticket cares more about protecting big business than providing health insurance to millions of uninsured Americans.

   Modern day America is becoming like America of the late 1800s, with greedy corporations and the emergence of monopolies.

     Republicans might whine about trial lawyers, but if one of them gets in trouble with the law or is being investigated, who would be the first person they would call? A trial lawyer. After all, didn’t Bush and Cheney rely on trial lawyers to help them win the election four years ago during the Florida recount?

    Like any profession, there are unethical, ambulance chasing trial lawyers who give the field a bad name. John Kerry and John Edwards support sanctions against plaintiffs and lawyers who bring frivolous medical malpractice suits.

     However, many, if not most, trial lawyers fight for the underdog--injured victims and average consumers who otherwise wouldn’t have any chance of being compensated for legitimate injuries.

     During his career as a trial lawyer, John Edwards was more like Luke Skywalker than Darth Vader. Sure, he made plenty of money, but he also took on cases to fight for the rights of average people as victims of defective products and medical malpractice. He represented a 5-year-old girl whose intestines were sucked into a swimming pool drain and a boy with cerebral palsy whose insurer refused to pay for therapy. Unlike President Bush, who was a child of privilege and got every job he ever had due to his family's connections, at least John Edwards earned his money on his own.

     Tort reform might sound great, but much of it is a vehicle to protect large corporations and hurt the rights of injured consumers and limit their access to the judicial system. If it weren't for trial lawyers, who would serve as a check on the tobacco companies, asbestos manufacturers, manufacturers of defective tires and rollover vehicles, and hospitals and doctors who commit medical malpractice?

     If the Republicans want to make trial lawyers a campaign issue, bring ‘em on. May the Force be with the trial lawyer.

Larry Atkins, a lawyer and writer, has written over 200 Op-Eds, articles, and essays for many publications, including the Atlanta Journal Constitution, Baltimore Sun, Chicago Tribune, Christian Science Monitor, Cleveland Plain Dealer, Dallas Morning News, Detroit News, Indianapolis Star, Kansas City Star, Los Angeles Daily News, National Public Radio (Commentaries for the national versions of Morning Edition and Only a Game), Newsday, Philadelphia Inquirer and Inquirer Sunday Magazine, San Francisco Chronicle, and Seattle Post-Intelligencer. He has taught editorial writing as an adjunct professor at Temple University. His e-mail address is larryLTatkins@aol.com

This article is copyrighted by Larry Atkins and originally appeared in the Philadelphia City Paper. Permission is granted to forward this or to place it on a website or in print as long as the article is included intact, including this statement. Published in OpEdNews.com.