Tort Reform Can Be a Winning Issue for Republicans. Why Aren't They Using It?

I understand that Roy Pearson has resurfaced. The Washington, DC administrative judge, best known for trying to shake down a family of immigrant dry cleaners to the tune of $54 million over a pair of pants has apparently asked the court to reconsider the verdict. Fortunately, good sense trumped legal cynicism, and Pearson failed in his breathtakingly frivolous lawsuit...this time. He hasn't quite learned his lesson and seems ready to fight this hammer and tongs until both he and the dry cleaners are reduced to nothing.

The fact that the law enables human debris like Roy Pearson to continually terrorise hardworking people like the Chungs is maddening. Trial lawyers are like a cancer to our society, and the cancer continues to spread without treatment. Each year, a whole new class passes the Bar Exam and enters the legal profession, almost certainly outnumbering the deaths, resignations, retirements and disbarrments "suffered" by the industry. In other words, each year, there are more lawyers than there were the previous year. Some have pursued the legal profession, out of a blind idealism, to "change the world" to "hold criminals accountable" or "to make a mark on society". Surely others are motivated by the promise of big bucks and an exciting lifestyle. Many recent additions to the Bar are riddled in debt from the student loans they took out to go to Law School. Others are still saddled with student loan debt from their undergraduate institutions. Factor in the inevitable image debt...large expenditures on clothes, automobiles and homes for the self-fulfilling prophecy that you can only be successful if you look successful...and you have a cocktail for some serious and immediate cash pressure. And we haven't even added the potential divorce variable. If each year there are more lawyers carrying more debt and no more legitimate law to address, the industry has to drum up business somehow. The result: more frivolous lawsuits, more malicious prosecutions and more Roy Pearsons.

While tort abuse is one of the most destructive problems in the U.S., its damaging consequences are so rarely discussed. Even as slick lawyers have become the punchline to many a late night talk show joke, the legal profession is treated as if it's inherently noble. Every garden variety Patrick Fitzgerald likes to think of himself as Atticus Finch. Every Mark Geragos is really Clarence Darrow. John Grisham has made a fortune creating mythological symbols out of his simple, idealistic attorney characters. The legal profession is so smug and insular that many of its practitioners even have a hard time rebuking Mike Nifong.

It's the legal profession that allows a President to parse the meaning of the word "is" without universal ridicule. It's the legal profession that allows a man who made countless millions tricking juries into bankrupting obstetricians to run for President...twice. It's the legal profession, through political correctness, that allows our enemies to force frightened travellers to make the choice between possibly dying in a terrorist attack or getting sued. It's the legal profession through countless meritless lawsuits, that makes our insurance premiums go up and makes the cost of doing business prohibitive.

Why is it that Republicans rarely go on the offensive when it comes to tort abuse? Why don't the Republicans get out there and stand up to the trial lawyers? Why are Republicans so afraid to show the publc how devastating an untamed legal profession is and will continue to be? Why can't Republicans line up the likes of John Edwards, Mike Nifong, Mark Geragos, Patrick Fitzgerald and Roy Pearson for the shame that they all deserve. These men have managed to ruin the lives of many people over the years, and don't think for a second that you aren't paying for it. The John Edwards of the world have seen to it that we don't have enough willing and qualified medical practitioners to handle the expanding healthcare demand...the malpractice insurance premiums are too high, the potential for personal loss is too great and the risk of getting sued outweighs the reward for giving medical care. The Mike Nifongs and Patrick Fitzgeralds of the world have seen to it that their targets are harassed, terrorised and convicted in the court of public opinion whether or not they are convicted in a court of law. Because of rogue prosecutors like them, you can continue to expect to bankrupt yourself fighting bogus charges against a state with limitless resources. You could end up sitting in jail for 5 years awaiting trial like Raymond Buckey, an innocent man, did. The Mark Geragos of the world are simply famous for being famous. Throw your client under the bus to protect a Clinton and you, too, could get several high profile criminal cases and countless talk show appearances. Too bad for his clients that his bluster outweighs his competence. At least he's still famous enough to make the Larry King Show every once in a while. And finally, the Roy Pearsons of the world show us just how petty and mean-spirited lawyers can get. People like Roy Pearson are so pathetic and miserable that they only derive joy from foisting their misery on others. The fact that Pearson remains a lawyer to this day shames the legal profession to no end. The legal profession would be better without the likes of Roy Pearson. In truth, the world would be better without the likes of Roy Pearson.