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Money talks: Lawyers’ cash equals legislative power

By: Quin Hillyer
Examiner Columnist
April 23, 2009

Most of Philip K. Howard’s “Life Without Lawyers” is focused less on rogue lawyers than it is on the laws and rules that provide fertile ground for those lawyers to operate.

Still, Howard doesn’t ignore the fact that many of those laws are written by legislators deeply beholden to rapacious lawyers who finance their campaigns.

Too Many Laws,
Too Many Lawyers

On Page 157 of his book, Howard recounts “a meeting with a Democratic leader in the House of Representatives to discuss better ways of handling Medicare malpractice disputes.” A large and diverse coalition of groups was behind a particular idea for a pilot project, and the congressman said it sounded like a good idea.

Then the congressman asked, “How do the trial lawyers feel about it?”

“They hate it,” Howard answered.

And that was the end of it. “We can’t support it,” the lawmaker said, “if the lawyers are against it.”

Similarly, on Page 160, Howard tells how Democratic Sen. John D. Rockefeller IV of West Virginia “tried to champion legal reform in the late 1990s.” But, one staffer told Howard of Rockefeller: “He’ll never make that mistake again.”

Writes Howard: “Most Democratic politicians I know believe that lawsuits have gotten out of hand. But they would never say it publicly because that would offend the trial lawyers, the party’s second-largest source of campaign funds.”

The statistics bear out the immense difference in how the plaintiffs’ lawyers treat the respective parties.

The plaintiffs’ most prominent national organization is the American Association for Justice (formerly named the Association of Trial Lawyers of America). According to opensecrets.org, AAJ consistently made its biggest donations to Democrats.

In 2008, of 154 House or Senate candidates who received $10,000 or more directly from AAJ, 149 were Democrats and only five were Republican. In 2006, only five of 191 were Republican. In 2004, only six of 137 were Republican, with the rest, again, all Democrats.
(The five Republican recipients of $10,000 each from AAJ in 2008 were Reps. Lincoln Diaz-Balart and Bill Posey of Florida, Timothy V. Johnson of Illinois, and Lee Terry of Nebraska, along with Sen. Jim Risch of Idaho.)

The congressmen’s constituents, Howard writes, “are not mainly the folks back home. ... The important constituents are the special interests that provide the resources for political campaigns.”

 

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Top recipients of campaign donations from the American Association for Justice, 2008


Cazayoux, Donald J. (D-La.) House $25,000
Kissell, Larry (D-N.C.) House $16,000
Richardson, Laura (D-Calif.) House $16,000
Tsongas, Niki (D-Mass.) House $16,000
Carmouche, Paul J. (D-La.) House $15,000
Childers, Travis W. (D-Miss.) House $15,000
Foster, Bill (D-Ill.) House $15,000
Mahoney, Tim (D-Fla.) House $12,500
Carson, Andre (D-Ind.) House $12,000
Kagen, Steve (D-Wis.) House $12,000
Murphy, Christopher S. (D-Conn.) House $11,000
Shaheen, Jeanne (D-N.H.) Senate $11,000
Merkley, Jeff (D-Ore.) Senate $10,750
Braley, Bruce (D-Iowa) House $10,500
Van Hollen, Chris (D-Md.) House $10,500
Warner, Mark (D-Va.) Senate $10,500
Begich, Mark (D-Ark.) Senate $10,250
Durbin, Richard J. (D-Ill.) Senate $10,250
Edwards, Donna (D-Md.) House $10,250
Oberstar, James L. (D-Minn.) House $10,250
Udall, Mark (D-Colo.) House $10,250




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Reader Comments

All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.

wonkguy

Apr 24, 2009

So, you want to see people demonstrating against oppressive government? Take away their fundamental right to seek redress of grievences and see what you get. If you want to reduce medical malpractice suits (not a significant issue anyway) then reduce the number of medical malpractice errors. This is nothing more than a smoke screen in an attempt to go throught the backdoor of liberty and limit the ability of injured workers to file claims for work related injuries.

 

PhilG

Apr 24, 2009

The bias of legislators against tort reform legislation goes beyond the politial contributions of lawyers. Any legislator who is also a lawyer can collect a referral fee, which is typically a third of the contingency fee, from a personal injury lawyer whom he or she refers a constituent with a personal injury case to. So those secretive referral fees are a very lucrative source of additional income, bringing in a lot of money while requiring no work on the part of lawyer legislators. And there is no way they will jeopardize those referral fees by voting for tort reform. (While bar associations consider referral fees to be ethical and allowed as long as they are paid only to other lawyers, other professions such as doctors, accountants and engineers consider all referral fees to be unethical and prohibit them.)

 


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