"Let's Kill The Trial Lawyers" Redux: Sen. Hatch Distorts the Truth, Again

There he goes again.

In a speech before the Senate on March 3, 2004, Sen Hatch again bashed the trial lawyers. In a familar refrain, he accused the trial lawyers of bankrupting corporate America, destroying jobs and pillaging the insurance industry. His words:

"I am a member of the American Trial Lawyers Association, having been a trial lawyer in my former non-Senate life, since we Mormons believe in a premortal existence. I have to say that my fellow ATLA members are embarrassed by this small cadre of personal injury lawyers who are thinking only of themselves and the huge fees they make, with the approximately 50 to 60 percent of the moneys that go to attorneys. They are embarrassed by it. They won't say that because they don't want to cut up their fellow personal injury lawyers. But that is what is going on here. " (emphasis added).

The problem with this assertion is two fold: 1) it's not true, and 2) it tends to reinforce the negative stereotype many of us have towards trial lawyers, and thus it's a potent and effective propaganda weapon.

According to the Connecticut Valley Claims Service, a prominent insurance claims management provider with decades of experience representing asbestos companies, every dollar consumed by asbestos litigation is divided as follows:

$.37 goes to defense lawyers and costs
$.27 goes to the plaintiff''s lawyers
$.36 goes to the plaintiff*

So, while Sen. Hatch is correct that over 60% of the money goes to lawyers, it is patently untrue that the entire amount goes to trial lawyers, which is what he insinuates.. As a former trial lawyer, Sen. Hatch knows how to manipulate data and exploit biases. He knows that the public is prepared to be outraged over another example of lawyer greed. But he also knows that if the asbestos cash cow is getting gorged, it's not by the plaintiff's lawyers, its by the battalions of defense lawyers who bill, bill and bill some more.

The solution to the problem is to regulate the exorbitant and sometimes bogus fees charged by insurance defense lawyers. Attacking trial lawyers is simply a ruse that is meant to exploit a lingering prejudice. As we know in court, if a witness proves himself a liar on one issue, it's safe to presume that everything that witness says lacks credibility.

Don't believe the lying liars and the lies they tell.

RGW
3/5/04

* See The War-Torn Landscape: The Asbestos Impact at http://www.cvcsc.com/Articles/asbestosimpact.htm

** POSTED MARCH 5, 2004 **