It hurts Hillary's feelings when people suggest she is not likeable. And it hurts my feelings when Barack Obama says that he was "committed to public service" and that is why he decided not to be a trial lawyer. (from the Wall Street Journal Law Blog). I feel pretty strongly that the plaintiff's bar and trial lawyers are public servants and that the bad reputation we have is unjust. Trial lawyers are the reason Ford Pintos are no longer driven. We are the reason there are seat belts. We are the reason cancer-causing hormone replacement therapy is no longer standardly prescribed for menopausal women. We give the little guy a voice in a world dominated by powerful insurance companies and lobbyists. The civil justice system is a strange animal- it's hard to explain just why money is used to compensate for physical and mental injuries. No amount of money can make someone's back feel better or give them their leg back or make cancer go away. But it's the remedy the law provides for victims. It also serves as risk management- the looming possibility of a lawsuit makes manufacturers and insurance companies behave more responsibly.
Last night on the news there was a story about a little baby just 12 hours old who was in a warming bed at the hospital. The bed caught on fire and he is now in the ICU trying to recover from 3rd degree burns. Somebody dropped the ball here. Whether it was the manufacturer of the bed or the hospital staff or a combination of both, isn't it justice that the little baby and his family be compensated for their suffering? And isn't it public service for them to have an advocate in their corner, when it is certain that the hospital and manufacturer are going to have powerful advocates in theirs?
There are lots of ways to be involved in "public service." Teaching constitutional law and being a community organizer are admirable occupations. But Obama suggesting that trial lawyers are somehow not public servants is an unfair accusation, plays directly into the misplaced disdain of trial lawyers and the interests of insurance companies, and has made me decide that I will not be voting for him in the primary. In fact, it kind of makes me want to vote for Edwards, as a co-member of ATLA. Power to the people, even those that seek justice in the civil system.
1 comment:
One time I thought a good present for you would be a signed copy of John Edwards' Four Trials. Then something happened where I couldn't do it... maybe too expensive, maybe too lazy, maybe I thought of something better. Too bad the plaintiffs attorney is out of the game.
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