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Senate hearings begin; initial voting supports reform

The Senate Economic Development Committee has begun hearings on six of the lawsuit reform bills, has passed three of them and is debating the other three. The bills being debated cover joint and several liability, venue and Deceptive Trade Practices Act (DTPA).

The trial lawyers brought many of their clients to testify against the bills with emotional appeals that got most of the media attention. But it appeared that the logic of the reform movement carried the day with most of the senators.

Governor George Bush launched the hearings with his support. Texans for Lawsuit Reform was there to make its case, as were the Texas Civil Justice League, Citizens Against Lawsuit Abuse, the Texas Association of Business and Chambers of Commerce, and other trade and professional organizations.

Once hearings on the bills concluded, the Senate moved on to take up the bill reforming medical malpractice.

 

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TLR research supports reform campaign with a book of facts

TLR's 11-point agenda being discussed in the legislature is covered in A Mandate For Change: Lawsuit Reform In Texas 1995. Separated into concise, easy-to-find and easy-to-read essays by leading researchers, lawyers, a Texas sheriff and The Manhattan Institute, the essays explain each of the key issues, how the civil justice system is flawed in those areas, and how best to repair the damage.

Copies were given to every member of the Texas House, the Texas Senate, the Governor, Lieutenant Governor, the Capitol press corps and to many of the supportive organizations around the state.

The idea for the book came from a meeting of TLR leaders, who realized that past reform efforts had failed, in part, for lack of documentation of the abuses in the system.

"We decided to address the problem directly by going to the experts," said TLR Research Committee Chairman Leo Linbeck, "instead of relying on anecdotal information. In important public policy debates, slogans and gee-whiz statistics are simply not sufficient. Unbiased, thorough, academic research is needed to set the background for discussion."

 

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Why doctors retire early

Doctor William J. Hills of San Antonio sent his state representative his "10 reasons why doctors have retired early and are fly fishing." He also sent a copy to us, and here are some of his points:

 

• Trout taken by a fly are not able to sue, at least not yet, in Texas
• A lawyer can make more money from one lawsuit than most people make in a lifetime
• Personal injury lawyers on TV telling people they can sue their doctors at no cost
• Forty full-page ads in the yellow pages for personal injury lawyers (and that's San Antonio...you ought to see Dallas and Houston books, Dr. Hills!)
• And his #1 reason to retire and go fishing: Being sued for malpractice is not the end of the world, but it is close.

 

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What are people saying about lawsuit reform these days?

Experts, ordinary people, reporters and editors from around the state have been talking about the lawsuit reform issue. Here are some of their thoughts:

"Maybe it's not surprising Texans in both parties find the state's liability laws in need of further reforms...Workers and consumers, after all, are most directly affected when companies put tons of dollars into a liability policy instead of into product development or job creation." (Dallas Morning News, editorial) Some try to claim the lawsuit reform movement is big business against ordinary citizens; as this editorial points out, ordinary citizens ultimately pay all the bills.

"...litigants go on a treasure hunt following the money trail....If the tort system is about sending messages, this reform should send one: The liability system is in place to make amends, not to make millionaires." (Waco Tribune-Herald, editorial)

"The fact that tort reform can be done without depriving Texans of legal redress for genuine injury is irresistibly appealing and should not escape the state Legislature." {Corpus Christi Caller Times, editorial) It's good to see the paper de-bunk the claim that lawsuit reform means locking the courthouse door.

"...abuses of the system are widely recognized by both sides of the debate. A union official who asks not to be identified tells of workers who file lawsuits seeking a few thousand dollars to see them through periodic layoffs." (The Wall Street Journal, news story)

"Many of these lawyers have been able to enrich themselves beyond the dreams of avarice - not only at the expense of the businesses they sue, but also from the pockets of their own injured clients. In too many cases, even deserving plaintiffs have seen the lion's share of the damages eaten away by expenses and lawyers' contingency fees." {Houston Chronicle, editorial) Could that be why The Wall Street Journal called them 'gold-rush attorneys'?

 

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The Little Shop of Horrors

These are some brief descriptions of some of the horror stories we've found while researching the lawsuit reform issues:

 

• A man drank four pitchers of beer in a topless bar, wrecked his car, then sued the bar for letting him drink so much.

   

• A lawyer in a multi-billion-dollar suit gave $10,000 to a judge's political campaign a few days after the judge was assigned to the case (the lawyer won}.

   

• A rancher got $8.5 million from an insecticide company for a bull killed when the rancher's own workers mis-applied the chemical.

   

• Texas' system of liability laws costs citizens $12 billion a year in direct costs, plus more than that in indirect costs...mare than 1/20th of the gross state product.

   

• 30,000 Texans have lost their jobs because of liability-connected layoffs.

   

• Two-thirds of Texas family-practice doctors have quit delivering babies because of the liability laws and insurance costs. Ninety-seven Texas counties now have no obstetrical care.

 

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How can you make your voice heard in the state's capitol?

Grassroots voices are the most powerful in the Texas legislature, but most people remain silent because they think it takes contacts and big money to have an effect. Wrong. It takes a telephone and a willingness to use it. Here's how.

 

1. The only information you need to know is the name and Austin phone number of your Representative or Senator. If you don't know those, we can tell you, so call us.

    

2. Make the call. Ask to speak to the Representative or Senator. If he or she isn't available, ask for the staff member handling civil law reform.

    

3. State your case politely but firmly. Most members of the House and Senate want to do the right thing and want to do what the people who elected them want. They just need to know from you what that is.

    

4. State the problem: Texas' system of civil law is broken and needs to be fixed. As it is now, the broken system is costing Texas jobs, money and simple justice.

    

5. State the solution you want: the legislature has the power right now to fix the broken system, simply by passing the package of reform bills. Your Representative and Senator can help by signing up to co-sponsor the bills, by resisting those who would water them down, and by voting for them when they reach the floor.

    

6. Tell your Representative and Senator --politely and calmly -- that you expect him or her to do the right thing, and that you'll appreciate his or her support.

That's it.

Does it work? Yes...all the Austin lobbyists and insiders agree that an aroused electorate will overwhelm their best efforts on any day.

Do the members of the House and Senate respond to those kinds of calls? Yes...every one of them says that's the strongest guidance they can get when making up their minds about their votes.