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Bar association is critical of state's tort-reform bills
 
By BARBARA HOBEROCK World Capitol Bureau
Published: 3/18/2009  2:22 AM
Last Modified: 3/18/2009  3:48 AM

OKLAHOMA CITY — The Oklahoma Bar Association went on the offensive Tuesday, lashing out at lawsuit-reform measures.

The group also opposes measures that it views as an attempt to inject politics into the selection of judges.

House Bill 1603 would cap so-called "pain and suffering" damages at $300,000 and require an expert witness to certify that a lawsuit has merit.

HB 1602 calls for a statewide vote on limiting attorneys' contingency fees to 33 percent of the first $1 million and 20 percent of greater than that amount.

The Bar Association opposes legislation that would "hamper the rights of ordinary citizens to have their day in court," President Jon K. Parsley said at a press conference. "It further opposes having the Legislature set the amount of damages that can be awarded in every case, replacing the constitutional right of citizens to have their case determined by a jury of their peers."

The association also opposes price-fixing, he said.

"We believe in free enterprise, and we believe in the marketplace, not the Legislature interfering with the constitutional right to contract," Parsley said.

Senate Joint Resolution 27 would add two members, one appointed by the Senate president pro tem and one by the House speaker, to the state's 13-member Judicial Nominating Commission.

The panel submits three names to the governor to choose from to fill judicial vacancies. SJR 27 calls for a vote of the people.

Senate Bill 609 would reduce
the number of workers compensation judges to seven from 10. It also would require Senate confirmation of those judges.

"The Constitution provides that the tree of liberty has three distinct and separate branches executive, legislative and judicial," Parsley said. "The Legislature is attempting to prune the judicial branch with a saw whose teeth have been sharpened with untruths and partisan politics."

Supporters of the two Senate bills say they are needed because the workload of the court has gone down. They also say the public needs more of a voice in the selection of those judges.

Senate President Pro Tem Glenn Coffee, R-Oklahoma City, said Republicans campaigned on keeping health- care costs down and protecting small businesses that are one lawsuit away from bankruptcy because of "jackpot justice." The public rewarded Republicans by giving them control of the Senate, Coffee said.

In the past, he said, those ideas were not heard when the chamber was controlled by Democrats.




Barbara Hoberock (405) 528-2465
barbara.hoberock@tulsaworld.com
By BARBARA HOBEROCK World Capitol Bureau

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Report Comment
droopy, wagoner (3/18/2009 8:20:08 AM)
Best idea I have ever heard from you, dog. Your donkey needs reform badly.

I am shocked that lawyers are against tort reform, who would have ever thought.
Report Comment
Angry Citizen!, Bluejacket (3/18/2009 8:50:32 AM)
Soooo, you file a complaint against a huge corporation who has lawyers on the payroll, and your attorney can only be paid so much? Yeah, this reform is really fair isn't it~!
Report Comment
justiceawaits, Claremore (3/18/2009 9:04:46 AM)
Lawyer lotto, Lawyers filing frivolous lawsuits and driving up my insurance premiums. Hell Yes, we need reform. Lawyers should be limited to 33 percent or less of any award. They are suppossed to be suing on behalf of the client and getting a percentage, not keeping most of the money.
Let`s sue the tobacco companies and give everybody health insurance. Yeah right. The tobacco companies pass the cost on the the consumers and I still don`t have my health insurance. The lawyers all got their millions of dollars in leagal fes though.
Report Comment
Graychin, Eucha (3/18/2009 9:27:54 AM)
Mischief is always dressed up as "reform."

There isn't a problem with frivolous lawsuits in Oklahoma. This is just a way to keep plaintiffs out of court, stacking the deck in favor of big business. And look who is carrying their water.
Report Comment
HH66, La La Land (3/18/2009 9:31:10 AM)
My attorney can beat up your attorney. Na-nan na nannah!!!
Report Comment
hardball, (3/18/2009 4:20:30 PM)
Don't cap what the victim gets. CAP what the lawyer screws the victim out of. Instead of 45-60% they should only get 15%.
Report Comment
ajohnb, Jenks (3/18/2009 9:05:45 PM)
Whowouldvethunk?
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Amy K, (3/19/2009 2:02:25 PM)
Interesting that the Bar Association has taken an active position against legal reform... All lawyers in the state of Oklahoma are required to pay dues to the Oklahoma Bar Association whether they agree with the lobbying they have begun to do or not. And there are lawyers on both sides of the debate...
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Grumpy, Okmulgee (3/20/2009 3:40:55 AM)
Amy, what you have to look for is the clientele of the lawyers on each side of the "tort reform" debate. The only ones getting outside money to fund their lobbying are the lawyers working for the big corporations who don't give a "expletive deleted" who they step on or kill in their quest for profits or the lawyers on the payroll of the insurance companies looking to cover their bad investment losses.

The problem is that the attorneys invest months to win the infrequent multi-million dollar judgment is the one who gains the headlines, not the lawyer who gets paid a hundred thousand dollars per each for a few hours work filing foreclosures on farmers and businesses.
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gopokes83, (4/30/2009 1:48:47 PM)
Caps on contingency fees - I could go either way on this, but I also think most people don't realize how long lawyers work on these cases. If there's a contingency fee, the lawyer is taking a risk that his months and months of effort might leave him empty-handed. The high percentage of the award he receives is what makes that risk worthwhile and acts an incentive for him to do his best work possible.

"Tort reform," though, is not a good idea. Look at the parties who support it - do you really think corporations are just full of upstanding individuals who merely want to pass the savings onto you? No, not having tort reform would pad THEIR pockets, not yours. The best argument against tort reform is consumer safety. What do you think the pharmaceutical companies would care if they knew a drug would make them billions and billions of dollars but kill a hundred infants? Simple - they'd let the babies die, because they'd be out 30 million for the claims but raking in billions of dollars on the product. Do you think car companies would go above and beyond governmental regulations if they knew there'd be no financial ramifications of their not doing so? Of course not! We, the consumers, would always be the losing party. I value my safety and that of my loved ones, thank you, and understand very well that the fear of litigation drives a great deal of safety measures. The relatively low financial cost of litigation (less than one half percent of health-care spending, for example, goes to legal fees) is worth keeping everyone as safe as possible.

Additionally, while the idea that having tort reform would affect your health-care costs is dubious at best (see above statistic), why does everyone blame plaintiffs and lawyers, but not wealthy, corrupt corporations or insurance companies? Corporations are infamous for using their wealth to screw over the plaintiff with a valid claim who can't afford an extended lawsuit - unnecessary trial delays (when the plaintiff can't work, can't pay his bills), and frivolously appealing decisions come to mind. So, when the defense knows there's a legitimate claim and the plaintiff truly deserves relief, they use the money you're paying for their services to basically exhaust someone else's resources when they could've just settled and got it out of the way. Why don't you get up in arms about that?

Everybody blames the plaintiff until they're the guy who got screwed over or they're the one who had a loved one harmed. Same goes for the lawyers who, one day, are scum, and then, amazingly, they're not too bad of people when they do something for YOU.
 

 
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