Weekly Report #48: My Two Minutes of Fame

If you heard the rumors--yes, it's true. I was so miffed on Wednesday by a KMOX radio program about the recent "judicial hellhole" news that I called into the show. Uh, bad move.

The host was Charlie Brennan, who KMOX radio says is "one of the most listened to talk show hosts in America." I met him once at a party when he first moved to St. Louis many years ago--nice guy, just mixed up these days about tort reform. The guest was Steve Schoeffel, the Executive Director of Illinois Lawsuit Abuse Watch, who I think I met the day tort reformers invaded the Madison County Fair. There was no one at the program speaking on behalf of the people whose rights are limited by tort reform, which is typical: injured people and the victims of corporate injustice don't usually have public-relations operatives to speak for them.

Anyway, Steve was with Charlie to discuss the news that ATRA had named St. Clair County one of the nation's top "judicial hellholes." (My previous post about the news is here.) I hadn't read the report yet, and they were limiting their discussion to class actions--24 filed in St. Clair County in 2004. That was the reason St. Clair County was a "judicial hellhole." I called in and spoke to the screener and was placed on hold. The first caller said that he was angry because lawyers probably didn't have to pay taxes on class-action fees--after all, people who settle injury cases don't pay taxes--and wouldn't that be nice, to be one of those greedy lawyers who gets regular tax-free checks for millions of dollars? Charlie thanked the caller and turned to Steve--"Is that right, that lawyers don't pay taxes on class-action fees?" Mr. Hotshot Tort Reformer said he wasn't sure. I was up next and I immediately assured Charlie and Steve that lawyers pay taxes on any income they earn in class actions. I'm pretty sure that single comment quelled a revolution that was brewing all over St. Louis. Next, I began to defend the hard-working judges of St. Clair County, and said that the mere fact of 24 class actions didn't give ATRA a right to libel them (actually, I was less eloquent than this)--but right away, Charlie cut me off, and started talking about the way judges are giving away money to plaintiffs' lawyers, and how it was awful, etc. Then when I began to respond, he said, "Next, we have John on the phone"--and that was it.

The show continued for about a half-hour. Other than me, not a single caller raised any question about the "judicial hellhole" label. Instead, they all bashed lawyers and state-court judges. What does this mean? Hmm. This half-hour radio program I'm writing about is something that's being played out in one form or another all over the country. ATRA and other tort reform organizations are winning their battle to tip the playing field in favor of corporations and against regular people they injure or defraud. In fact, I think they've already won the battle--even if President Bush's tort-reform initiatives fail, potential jurors have been brainwashed into thinking that most lawsuits are frivolous. Meanwhile, those who speak on behalf of the injured and victimized are nowhere to be found. Where are those people? Being outspent and outmaneuvered, I guess. Why aren't lawyers of all types defending the integrity of the American legal system? Why doesn't ATLA have a weblog--where the magic of search engines like Google would make its point of view more prominent on the Internet? Why aren't tort reformers and their allies being held accountable for errors of fact--for example, when Charlie Brennan spent ten minutes talking about a false claim that lawyers in Illinois recently gave money in huge $100,000+ chunks to a candidate for Supreme Court judge in his recent election campaign? Actually, the large donations he was talking about went to the Democratic Party of Illinois, which then decided where to spend it--and if you'll recall, Barack Obama didn't need any help in the Senate race. Although Charlie asked rhetorically, "Why isn't this outright bribery," he had his facts all wrong. Typical. (And Charlie didn't ask where the Republican candidate for Supreme Court judge got his money--and he raised as much or more, much of it from tort-reform organizations.)

So, to conclude, I'm sorry for ranting. Andrea thinks I'm going to make myself sick worrying about this stuff. Even so, I'm going to continue to rant from time to time, because I think these are interesting and important issues. As for my attempt to influence public opinion by calling into radio shows--well, I think that phase of my life is over. As my Dad put it (the only one I know who heard me), "That a-hole cut you off!"

Yep, that pretty much sums it up. 

Comments

[Prof Yabut]

Don't worry, Evan, the audience was not listening in order to make a fair assessment, they wanted their preconceived (mis)perceptions to be reenforced -- that's what talk radio is all about. Sounds like the host might be an expert on "holes," but maybe there are subspecialties in that field.

One point: You say "which is typical: injured people and the victims of corporate injustice don't usually have public-relations operatives to speak for them." I thought that ATLA (talk about having confusing acronymns in the same story), its local affiliates, state bar groups and advertising tort lawyers do quite of public relations on those topics.

[Evan]

Point noted, but the public relations efforts on behalf of "the injured" (and heck, that's about everyone, in the sense that anyone might be injured) have lately been absent, it seems to me. I think ATLA has been lobbying Congress, but they need to be talking to the public too, at least as much as the other side is doing. That's where the battle is being lost, even if Congress continues to fend off suggested tort-reform measures.

As for "advertising tort lawyers"--forget it. Some who actually make money contribute to various organizations and causes and political campaigns, but this is the great minority of advertising tort lawyers. The rest are too busy doing nothing but ruining the public's image of lawyers with their advertising. Of course, this is a broad generalization, and contradicts other things I've said and done. For example, I advertise myself from time to time. But I think that many lawyers who advertise are doing themselves a disservice by failing to consider their message--i.e., IF YOU OR A LOVED ONE HAS TAKEN VIOXX, YOU MAY HAVE A CLAIM FOR LEGAL DAMAGES--in the broader context of what their message is doing to the way the public perceives lawyers. There are ways of advertising that rather than having a deleterious effect, would fit into a wider anti-tort-reform context. Nonetheless, most advertising is junk, and it's no wonder the "greedy trial lawyer" label has stuck.

Caution and Disclaimer: The opinions I express in the comment section of this weblog are developing and may be subject to change at any time.

[Eric]

One group that is trying to fight back against the dis-tort reformers is the Center for Justice & Democracy. They've just issued a brief but stinging response to ATRA's latest "Judicial Hellhole" report.

[JR]

"Why doesn't ATLA have a weblog--where the magic of search engines like Google would make its point of view more prominent on the Internet?"

The number one result for "tort reform" on Google is ATRA. Neither ATLA nor CJD appear on the first page of returns.

[Jim Abernathy]

Cheer up, Evan. Check out http://www.onesmoothstone.org

[Marcus]

I'm listening to G.W. on webcast as I write this. Interesting that his invitation only audience is made up of MDs and insurane companies. The malpractice costs have not decreased where there has been "tort reform". The costs are related to insurance companies investments and the economic cycle.
Its disgusting to hear these greedy SOB's cheering for this idiot. Illinois has one of the worst insurance departments, when it comes to stopping excessive premium increases. Consumer's rights are going down the tubes if this passes. Now they think they have a mandate to pad the pocket books of corporations.
He's going on about small businesses now. Try some true health care reform, like a single payer system and approving importation of medications.
George is using the fuzzy math and "voodoo economics" his father accused Reagan of previously. People need to check the "facts". If George says it, don't count on it being the gospel. Look on other websites to get the real numbers.
I'm proud to live in the "judicial hellhole", Madison County. A Blue County. Where rights are still upheld in courts.