Press Release
January 21, 2004

Tort Reform: Politics motivates attack on lawyers

MENLO PARK, CA. Commonweal Institute announced today its release of a report revealing the workings of the so-called "tort reform" movement. This is a timely political topic, as President Bush twice mentioned "frivolous lawsuits"—a favorite term of the movement—in his State of the Union address this week.

The report, titled "The Attack on Trial Lawyers & Tort Law," reveals the political and economic motivations of the "tort reform" movement, which is backed by a number of major corporate interests and conservative organizations. It details the methods by which this movement has carried out a long-term campaign to alter the tort system and, indirectly, weaken progressive causes and politicians that trial attorneys tend to support. Expresssions like "frivolous lawsuits", "out of control lawsuits", and "greedy lawyers" are well-tested phrases used by "tort reform" proponents to manipulate public opinion.

The report’s author, David C. Johnson, said, "Reporters and the public should be aware that there is self-interest and political motivation behind this movement to change tort laws. A leading conservative, Grover Norquist, openly stated that even modest tort reform would defund trial lawyers, whom conservatives see one of the major funding sources for Democrats."

"Few people realize," said Mr. Johnson, "that the criticisms of lawyers in our society are not just the spontaneous expression of public ill will. They are part of a larger campaign designed both to protect corporate interests and to undermine the public status of trial attorneys and thereby deprive them of political power. Even ‘attorney jokes’ and cartoons are part of the campaign to portray trial lawyers in an unfavorable light."

Why did the Commonweal Institute take on this topic?

"We felt that the public and the press have not been getting an accurate picture of the system of civil justice upon which we all depend," said Dr. Katherine Forrest, Co-Founder of Commonweal Institute. "Our system of tort law, which permits individuals and businesses to bring suit for redress of injuries, is essential for protecting the public.

"For example, tort actions dealing with environmental contamination, health hazards, tobacco, asbestos, product defects, and worker safety have resulted in court decisions, government policy, and legislation that protect us all. It we look to modify tort law or any other part of our legal system, the decisions should be made on the basis of facts, not on limited self-interest or political motivation."

David Johnson, an expert in online research, is a Fellow of the Commonweal Institute,

a nonpartisan think tank incorporated in Washington,DC. The Commonweal Institute report that he authored can be seen online at http://www.commonwealinstitute.org/IssuesLegal.htm.

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Contacts: Dr. Katherine Forrest 650-854-9796

Commonweal Institute

Other sources of information on tort issues:

Americans for Insurance Reform 

Center for Justice and Democracy 

Public Citizen 

US Action

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Katherine Forrest, MD, MPH
Co-Founder
Commonweal Institute
325 Sharon Park Drive, Suite 332
Menlo Park, CA 94025-3465
650-854-9796 (voice)
650-854-8132 (fax)
kforrest@commonwealinstitute.org 
www.commonwealinstitute.org