As a lawyer I will admit to cringing whenever trial lawyers are bashed, because I know they do much good.
But also, intellectually, I just have never understood how all the anti-regulation, pro-common folk conservatives can be so gung ho to have governmental regulation of tort law.
My legal background has shown me that a lawyer may bring a tort case, but still the plaintiff is usually not himself, but a common citizen (and very rarely is that common citizen some corporation-bashing zealot).
The lawyer pleads the case, but he does not decide the motion that is inevitably made to dismiss it--that decision is made by a judge.
The trial lawyer cannot force a verdict in his client's favor--a positive verdict must be rendered by the 6-12 ordinary people chosen from the jury pool. These people are presumably the voice of the community, and are not selected based on political affiliation or any other nefarious standard.
Finally, it is not the trial lawyer that sets damages--if a big damage award is forthcoming it is again because these citizen-jurors thought it was appropriate.. They make this decision with out any aid of politicians or the legislature. Many times they exonerate the defendants. In either case, the verdict is their decision, not that of the tort lawyer.
As the trial lawyers are bringing, but not deciding, cases (this power having traditionally been vested in the citizens of the community), isn't it utter hypocrisy for conservatives to favor legislating away the people's power in this area? |
