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Thursday, August 23, 2007
Lisa A. Rickard :: Townhall.com Columnist
Makeover, Trial Lawyer Style
by Lisa A. Rickard
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Last year, the Association of Trial Lawyers of America decided that a few among their ranks had brought disrepute to the trial lawyers' reputation. So they decided to take a stand against the bad actors in their ranks and call for reforms to reduce outrageous lawsuits.

If only.

At last year's meeting, the trial lawyers instead decided the easier solution was a new name: the American Association for Justice, a moniker created to be, in their words, "about what we do, not who we are."

Their game plan isn't just to rename the national organization, but to convince all of the state trial lawyer associations to follow suit. And so far, at least 13 states have voted to replace "trial lawyer" with "association for justice," with several more states reportedly set to make the change.

There's no question that a re-branding effort for the trial bar is necessary. They remain at a nearly all-time low in public opinion polls. Eighty five percent of voters believe frivolous lawsuits are a serious problem; 75 percent believe lawyers benefit most from lawsuits.

But adding the word "justice" to their name doesn't make what some of them do just.

Here are a few of the stories in the news since the trial lawyers began their re-naming campaign:

  • Jin and Soo Chung, owners of Custom Cleaners in Washington, DC, were sued by Roy Pearson, a lawyer and sitting judge, for $67 million (later reduced to $54 million) over a pair of allegedly lost pants. These small business owners had to close one of their three stores as a result of their two-plus years of battle. They won the case; Pearson is appealing.
  • A man in West Virginia is suing McDonald's for $10 million over a drive-thru order mistake. He's allergic to cheese and mistakenly got a cheeseburger. He didn't bother to check the burger before he bit into it. His mother is also suing for reckless endangerment for having to drive him to the hospital.
  • A woman in Michigan is suing the makers of Starburst candies because they don't warn consumers about the dangers of the candies being "too chewy." Her lawyer just wants to make sure others avoid this danger.
  • A New Jersey man is suing Starbucks because his tea was too hot and the Starbucks employee didn't put the lid on right. His wife is also suing for losses due to his injury.
  • Three Kentucky lawyers were ordered to repay $64 million they kept from their 440 clients in a diet drug class action case. Two of the lawyers took some of the money and bought a stake in Curlin, the Kentucky Derby race horse and winner of the Preakness. They continue to seek delays in the case. This month the judge threw them in jail until the trial in January, saying: "In my opinion, not only these three gentlemen are on trial, the whole legal profession is on trial in this case."
  • Wealthy plaintiffs' attorney John O'Quinn of Texas was ordered to repay nearly $36 million to a group of 3,000 women he had represented in a breast implant case nearly eight years ago. Many of the women reportedly have seen little or none of the average $12,000 per woman settlement.

These are but a few of many examples from this year alone of cases where lawyers have willingly added yet another frivolous lawsuit to society, have hurt their own clients, or both.

If the plaintiffs' bar were really serious about their negative reputation, they might spend more time sanctioning their own bad lawyers and working to end frivolous lawsuits, instead of quietly changing their name while defending the status quo.

As for the now world-famous case of the $54 million pants lawsuit, after two-plus years of sleepless nights, more than $100,000 in legal fees and lost revenues (and counting), and being forced to close a store, the national trial lawyers association issued a public statement after the initial judgment for the Chungs, with the headline "Verdict Shows American Civil Justice System Works."

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About The Author

Lisa A. Rickard serves as president of the U.S. Chamber Institute for Legal Reform (ILR), where she provides strategic leadership to ILR's comprehensive program aimed at changing the legal culture that has resulted in our nation's litigation explosion.

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Orwell's genius
... didn't extend quite far enough. Reading 1984 in 8th grade, I'm sure most of us thought it would feel different to be in its fictional world.

Turns out we're already in it -- and nothing seems different at all. I'm not sure who wasted his breath: Orwell? Rand? Huxley? Marx? Lacan? Derrida?

With enough smoke and mirrors, "A" is whatever we say it is, and yep, we all agree that has no real meaning. Just keep the lattes coming.

Rebranding is in
Amongst the "progressive" crowd. Not to mention the professional quasi-legal pickpockets.

Anyone remember when "Handgun Control, Inc." changed its name to the "National Violence Policy Center"? It was done because (1) the original reason for incorporating (namely, to avoid having its books become public record like any other non-profit NGO) failed to protect it from investigations under RICO, and (2) by the early Clinton years, the term "Handgun Control" was radioactive with a clear majority of the electorate.

And now the Trial Lawyers Association is doing it, too. This does not surprise me. However, excuse me if I suspect that the new "Justice" group has any more interest in actual justice than, well, the former Handgun Control, Inc. With both groups, it's all about power, money, and the ability to punish those they regard as "un-enlightened". With this sort of mindset, "makeovers" for PR purposes re almost inevitable. After all, "progressive" was the original term for what were called "liberals" after WWII, and now the term is back in use due to the thorough job that the crowd in question has done of making their previous epithet stink on ice.

OTOH, I notice that moderate to conservative groups rarely go around renaming themselves to "change their image".

But then, they aren't usually trying to hide what they really have in mind, either.


cheers

eon


frivolous lawsuits
I believe the solution is to change the system to where the loser pays the other sides fees.

my 2 cents and some questions
My 2 cents - I would love to hear John Edwards' take on some of these cases, or on this column.

Questions -

Why am I not surprised by a word of this post?

Is anyone out there surprised by a word of it?


rebranding
How do you rebrand ambulance chasing ***holes?

I,d vote...
for the first politician who will set up a commission, made up of medical doctors,that,like medicare/medicade and the insurance companies would have the power to set the fees that lawyers could collect on every case

Actually we can't blame ALL of
the trial lawyers without putting some blame on the idiot jurors also. For every case won there had to be a jury that agreed. I think the problem really lies with the State and Federal legislators who pass laws that guarantee a host of civil suits.

No other proffesion in the world would be allowed to create the laws under which they operate. What we need is an amendment that prohibits lawyers from being legislators.

We also need some new methods of jury selection and laws to prevent court shopping.

We also need to hold the judges feet to the fire. That case in DC should never have gone to trial. The judge that allowed it should be impeached.
The entire tort legal system is broken.

Vic
"No other proffesion in the world would be allowed to create the laws under which they operate. What we need is an amendment that prohibits lawyers from being legislators."

I totally agree. By this logic we must also ban businessmen from serving in the legislature as well.

"We also need some new methods of jury selection and laws to prevent court shopping."

Don't talk about things you don't understand.

"We also need to hold the judges feet to the fire."

For what, following the law?

The Great Patriot
Oh I think I understand all too well. I don't think that businessmen and lawyers as legislators are parallel.

More change
As the LEGAL represetative for NAMBLA (north american man boy love association) I am taking this opportunity to think of a new name for our group... Pedophile or NAMBLA is not acceptable and we NEED to change it.

HMMMM... NAM(VYM)LA (north american man (very young man) love association)?

On PEDOPHILE,,,, i'm thinking PEDOHELPER has a nice RING to it...

Lawyer
Q: What's the difference between a catfish and a lawyer?

A: One's a bottom-dwelling, scum sucking scavenger, the other one's a fish.

A tiger doesn't change its stripes
... and neither do trial lawyers. If they renamed themselves "Extortions R Us," I would have some slight respect for them. At least that moniker would be honest.

Lawyer II
Q: Why won't a shark bite a lawyer?

A: Professional courtesy.

Lawyer III
Q: What's the worst thing a lawyer can do?

A: Run for political office.

This one ain't a joke.

Unfortunately, I have
A lawyer on retainer. When he goes swimming, he circles the sharks.

Lawyer IV
Now I'm just waiting for a lawyer to start whining about being misunderstood and wanting to sue me for causing them mental distress and shame.
Any takers?

Taproot

Jamie
Next time, please post a spew alert. Now I've got to clean ranch dip & fritos from the screen. Maybe I should have my shark talk to your shark.

Idiot Jurors
Yes, "For every case won there had to be a jury that agreed." So here's a thought: professional jurors. It takes an AA degree and a Jurist certification (renewed every 3 years). They will be far less likely to fall for emotional appeals or be confused and misled. They will know how to evaluate evidence and expert testimony. Their salaries might not even be more than what's currently spent on the long and clumsy selection process.


Not a bad idea
Grumpy, not a bad idea. Ain't this amazing, here I am 50+, an oral board shy of a masters and I have never been called for jury duty of any kind. Not that I would get picked, since I am a middle-aged, educated conservative white male. No self respecting lawyer (did I just create an oxymoron?) would pick me to be on the jury anyway.
I would gladly serve, whether civil or criminal court. Now all I've got to do is figure out how to get called.
Tap

Professional jurists
Hmmm, I wonder if professional jurists would cause professional ambulance chasers to file less specious lawsuits?

Polishing
Association of Trial Lawyers of America, a turd. American Association of Justice, a polished turd.

It's not all the lawyer's fault
Why in heaven would a judge let a multi-million dollar lawsuit stand in a case where a pair of pants was lost? Without judges who are willing to cob up the works by allowing frivolous lawsuits to get in front of juries, there would be less of these suits to gum up the system. It comes down to the willingness of judges to let frivolous lawsuits to work their way through the system; without their allowing it to happen it wouldn't. Yet another thing to blame judges for, eh?

A lawyer would say ...
... "All I did was present my argument before a jury of people just like you. They could have rejected it."

yet another bad joke

the 98% of bad lawyers tarnish the reputations of the other 2%

Give Me A Break
Disclosure: I am a lawyer - have been for three decades. You have bad apples on both sides of the fence. Yes, there are members of the do-called Trial Bar who make snake oil peddlers look like saints by comparison. You also have billable hour whores on the defense side. And don't get me started on the ACLU - they may have been brilliant in law school but they clearly slept through high school American history.

HOWEVER, blame your average American citizen as well. These are the whiners and criers who bring the lawsuits - these are tyhe ones who want to get rich and retire for stubbing their toe. What you witness is the culmination of several decades of societal indoctrination - the individual is no longer responsible for themselves, if a person is hurt he/she has an absolute right to point the finger at someone else and to collect for it. You don't like a politicized judiciary? Then demand a selection system like they have in Washington state that eliminates the political parties from the selection system. Quit your kvetching - Americans have the system they are comfortable with. Don't like it - change it. A lot of lawyers feel the same way.

LOSER PAYS!!!
Lawyers are officers of the court. Courts are included in the judicial. The legislature is separate from the judicial.

Logic alone should make it clear that lawyers in the legislature constitutes a violation of the separation of powers. One answer is NEVER vote for a lawyer for ANY office in either the legislative or executive branches.

Einstein had it right when he said, "You can't solve a problem with the thinking that created the problem."

BTW: It's 99.9% (not 98%) of lawyers that give the rest a bad reputation.......

The Bill Engvall approach.
For those of you not familiar with blue-collar comedian Bill Engvall, he suggests that some people ought to wear signs that say "I'm stupid." Personally, I think that's a good idea for some of the lawsuits we've seen in recent years. For instance:

- A woman spills coffee on herself, and then sues McDonald's because the coffee was hot. HERE'S YOUR SIGN!

- A man lays across a subway track, then sues the city because he was hit by a train. HERE'S YOUR SIGN!

- A man sues a dry-cleaner for losing his pants, seeking damages to the tune of $67 million. HERE'S YOUR SIGN!

- A man overeats, then sues McDonald's because their foods are too high in fat. HERE'S YOUR SIGN!

I could list numerous other examples, but I think you get the point. If anybody wants to offer other examples, go for it.

What to do about trial lawyers
"Bill Hudson writes: Thursday, August, 23, 2007 1:39 PM
frivolous lawsuits
I believe the solution is to change the system to where the loser pays the other sides fees."

Sir, how about this. Follow the lead of a murder trial. In a murder trial the jury decides on the defendants guilt. If they find him guilty, they they get to sit in judgement to decide the punishment. Okay, so far?

In a civil lawsuit I agree with you, loser pays; but and I mean BUT, if the plaintif loses, then they jury sits again to decide if it was frivilous. If it is decided it is frivilous then the jury gets to decide on a monetary reward to the defendant, to be paid by both the plaintif and the lawyer together.

LOL I'd love it, though it would put me out of business as a vidographer!

Wolfgang
"Don't like it - change it. A lot of lawyers feel the same way." Glad to hear it. Please point us to the website for "Honest and ethical lawyers who want to change the system" so we can offer our help.

I agree with you absolutely about the average American citizen, BTW.

Another BTW: is it true that an attorney can be convicted of a felony and still get reinstated in the Bar and practice again (after he gets out of prison, of course)?

McDonald's Coffee
As an obstetrician, I detest trial lawyers as much as anyone. But I really think the McDonald's coffee case got a bum rap. One time I was driving my family from Houston to San Antonio. We got a drive-thru breakfast at McD's. I ordered a large black coffee. I carefully peeled back the little white tab and took one of those inverse whistle sips. I could not drink anymore. The roof of my mouth was scalded. Two hundred miles later I had played a game by which I had completely scraped away the skin of my upper palate with the tip of my tongue. The chips and salsa in San Antonio were like eating glass shards dipped in sulfuric acid. After the lady sued for spilling McD's hot coffee in her lap, I read where she required 3 or 4 skin graft operations for third degree burns of her vulva. I read where McD's made their coffee about thirty degrees hotter than anything you could possibly brew at home. And they sell you this stuff through a drive-thru window. They said they made their coffee so hot because "people like their coffee hot" and it improved sales. The lady's much lambasted award accounted for about one day's sale of coffee nationwide through McD's. Hence, I give trial lawyers grudging respect. SOMEBODY has to lick the slime off the sides of the human fish bowl every now and then.

News Flash
The winner of the name the trial lawyers' association contest is in : The Lucky Lindy Legal Lottery Club.

butterbarre
"They said they made their coffee so hot because "people like their coffee hot" and it improved sales."

No disrespect intended, but would you prefer that they sell cold coffee? My father always said that was the reason he bought McDonald's coffee when he was on the road. He liked it because it was hot.

From what I've heard, the lady took the lid off the coffee and was holding it between her legs when she took off in her car and spilled it.

I still like the Bill Engvall approach: HERE'S YOUR SIGN!

The real facts of the McD coffee case
http://www.lectlaw.com/files/cur78.htm

Read this and see if you would still call the case "frivolous". A few snippets:

"...[M]cDonalds also said during discovery that, based on a consultants
advice, it held its coffee at between 180 and 190 degrees fahrenheit to
maintain optimum taste. He admitted that he had not evaluated the
safety ramifications at this temperature. Other establishments sell
coffee at substantially lower temperatures, and coffee served at home is
generally 135 to 140 degrees".

"...[F]urther, McDonalds' quality assurance manager testified that the company
actively enforces a requirement that coffee be held in the pot at 185
degrees, plus or minus five degrees. He also testified that a burn
hazard exists with any food substance served at 140 degrees or above,
and that McDonalds coffee, at the temperature at which it was poured
into styrofoam cups, was not fit for consumption because it would burn
the mouth and throat. The quality assurance manager admitted that burns
would occur, but testified that McDonalds had no intention of reducing
the "holding temperature" of its coffee".

"...[P]laintiffs' expert, a scholar in thermodynamics applied to human skin
burns, testified that liquids, at 180 degrees, will cause a full
thickness burn to human skin in two to seven seconds."

That is EXACTLY what happened to my palate after a mere sip. Imagine the agony of spilling an entire cup on your groin.






A sign for you Ken
Hey Ken, you must need a sign, too since you must be pretty stupid to think that coffee served at 140 degrees is COLD coffee. McDonalds served that lady coffee that was 90% the boiling point of water. Tell you what, go heat some water to 140 degrees. Then pour 12 ounces on your groin. Tomorrow, bring some water to a full boil and let it sit for 5 minutes before pouring that on your groin. Get back with me after your sex change operation so we can discuss the (exponential) difference.

Butterbarre
If the COFFEE is too hot don't go to MCDONALDS....
If the KITCHEN is too hot,,, get the heck out....

Scooter
Please, if you are a food establishment, you should be required to serve food that is fit for human consumption. To say otherwise is frivolously stupid. Coffee served at 190 degrees is unfit for any contact with a living human body. A mere 2 second exposure can cause full thickness third degree skin burns. Everyone has spilled coffee at some time in their lives. Nobody envisions it to be a life threatening experience.

Butterbarre
How many people each day get or got thier coffee, at the same temperature every day?
How about we file suit against MCDONALDS because the CONTAINER of the BIG MAC gave me a paper cut... ? What if my paper cut got infected?

Why or why not is the packaging materials MCDONALDS uses any less dangerous than the COFFEE which is known to be HOT?

How about the SLIPPERY seats inside the MCDONALDS store? I'm sure I could easily slide off and suffer internal injuries that are life threatening...(the slippery floor is a given)

What if the store runs out of ICE... can I sue due to the lack of soda being the temperature I like....?
What if it's really hot out and I might suffer heatstroke because MCDONALDS did not give me ICE in my drink?

What about the extremely HOT apple and cherry turnovers they sell....? If I burn my mouth on one of those then MCDONALDS will pay for sure..

What about the FIRE GRILLED FAJITAS at CHILES? They actually come out on fire and are extremely HOT... the store assumes the customer will know to wait for a second,,, but who knows?


Do you think MCDONALDS sells coffee HOT because they are trying to hurt someone? Are they selling it HOT because a MAJORITY of thier customers LIKE IT LIKE THAT? Are my RIGHTS to get HOT coffee from MCDONALDS being infringed upon because some OLD lady spills hers?
Can I sue MCDONALDS for EMOTIONAL PAIN after I can no longer get a HOT cup?


butterbarre
I never said 140 degrees was cold. Since you obviously missed my point, I'll explain it to you. Most people with common sense who buy coffee from restaurants expect it to be HOT. The woman who spilled the coffee on herself clearly wasn't the proverbial sharpest knife in the drawer. Apparently, neither are you.

HERE'S YOUR SIGN!

Scooter
There are quality control agents at McD's who make sure that the temperature of coffee sold there it 185 degree plus or minus 5. Coffee at that temperature will render third degree burns on contact with human flesh or mucosa within 2 to 5 seconds. I guess you and Ken just don't have the synapses to figure out that is inappropriate.

butterbarre
I repeat, some people like their coffee hot. If you don't like it that way, I would hope you'd have sense enough to let it cool down before you drink it. Is that too complicated for you to figure out?

HERE'S YOUR SIGN!

Ken
OK, let's say you are served coffee at 190 degrees. How long must you wait until it is not lethal to human tissue? A mere TWO SECOND exposure can cause third degree burns. As I explained above, I bought a large coffee from McD's. I am not in the habit of buying coffee there. I took the barest of whistle sips. I could not drink any more because my upper palate was scalded. Four hours later, a blister formed and peeled away, leaving the roof of my mouth denuded of mucosa.

All McD's had to do was lower the serving temperature to 155 and I, you, your father, and Stella would be content as clams. Instead, two of us walked away with second and third degree burns. I have NEVER bought another coffee from McD's since - operant conditioning works quickly on my brain. I guess yours is a little slower on the uptake.

butterbarre
Your "logic" reminds me of a famous Three Stooges film where Moe was trying to smack a monkey with a two-by-four. As he raised the plank, he accidentally smashed an expensive vase. Then he slapped Larry and said, "Why didn't you bring me a softer board?"

You burn your mouth, and then you say it's McDonalds' fault for not serving you colder coffee. If you don't want to buy your coffee at McDonald's, that's your prerogative. But I still say --

HERE'S YOUR SIGN!

Logic
Look, I had never bought a coffee from McD's drive through before. The kids wanted a McBreakfast with McMilk and McOrange juice. I got a McCoffee. With a scant sip, I scalded the roof of my mouth. Which part of our anatomy are we to sacrifice to test when McCoffee is at a sub-lethal temperature? You may be interested to know that McD's policy lowered the serving temperature to 155 degrees.

butterbarre, you're convinced me...
I accidentally hit my hand with an axe when I was splitting up some kindling wood last winter. It was only a shallow cut, but if I'd been swinging that axe any harder, I might have lost my thumb. You've convinced me. The accident wasn't my fault. It's the fault of that stupid hardware store for selling me such a sharp axe!

Yes, I'm making fun of you. I cut myself because I did something STUPID. At least I'm man enough to take responsibility for my carelessness.

"With a scant sip, I scalded the roof of my mouth. Which part of our anatomy are we to sacrifice to test when McCoffee is at a sub-lethal temperature?"

Burning the roof of your mouth is "lethal"? Give me a break!

Scooter
"Are my RIGHTS to get HOT coffee from MCDONALDS being infringed upon because some OLD lady spills hers? Can I sue MCDONALDS for EMOTIONAL PAIN after I can no longer get a HOT cup?"

Hey, I think you've got something there! In this day of hypersensitivity and frilolous lawsuits, some bleeding-heart judge just might buy that argument.

A better analogy
Ken, use parts of that netherland you call a brain and try this analogy: Let's say there is a drive through hardware store and you wanted to buy a chain saw. "Our customers want to know that what they buy works", so the 18 year old clerk starts up the chain saw and handa it to you through your car window. As you attempt to turn it off, you're not very familiar with the controls and inadvertently put it in gear. Startled, you drop it in your lap, lacerating your femoral artery and need emergency surgery to prevent exanguination. Wouldn't you feel you deserved compensation?

Lethal liquids
Ken, I guess you slept through physics class. Temperature is a reflection of the amount of heat contained in "matter". If there was sufficient heat energy contained in less than 15 cc's of coffee to kill the 15 square centimeters of mucosa on my palate, imagine what 360 cc ould have done to the length of my esophagus. It could well be lethal. Likewise with Stella. An 81 year old woman with third degree burns on 6% of her body could have died without surgical intervention. Still not convinced? Try this experiment. Go to the faucet and fill a 12 ounce styrofoam cup with water. Drink it quickly. Next, fill that same cup with 185 degree McD coffee and drink it quickly. Your body's autonomic reflexes will try to prevent it, but suppress the urge. Time how long you live after the experiment. Then get back with me on the comparative lethality of the liquids.

butterbarre
Why would I be inside my car if I wanted to test a chainsaw? Anybody who would hold a running chainsaw while seated behind the wheel of a car is just a little STUPID!!!

"Next, fill that same cup with 185 degree McD coffee and drink it quickly."

Why would I want to do something like that? Common sense would tell me that the coffee was hot, so why would I want to drink it quickly? That's been my point all along. That's kind of STUPID!!

You're trying awfully hard to make a point, but you're only proving my point. HERE'S YOUR SIGN!

P.S. to Butterbarre
"Our customers want to know that what they buy works", so the 18 year old clerk starts up the chain saw and handa it to you through your car window. As you attempt to turn it off, you're not very familiar with the controls and inadvertently put it in gear.

In the first place, I wouldn't let the clerk hand me a chain saw through my car window - especially if it was running. In the second place, I wouldn't put a chain saw in the cab of my truck. I'd put it in the back where it belongs. In the third place, I'd have made the clerk turn it off before he handed it to me.

You're comparing the proverbial apples and oranges. Anyone with common sense ought to know that coffee is hot. The woman who sued McDonald's drove off with a cup of hot coffee between her legs (and, if I remember correctly, with the lid off). I call that just a little bit STUPID.

You constantly put down my intelligence, but you don't seem to be overly endowed with common sense. I hope no one ever sells you any power tools. You sound more dangerous than the guy on "Home Improvement."
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