Soon to come – for more information call Frank Howell at (662) 686-3366

Can we sue trial lawyers for economic woes?

I have decided that ordinary American citizens need to band together and instigate an enormous class action lawsuit against every single lawyer in the country who has participated in these absurd lawsuits which have placed companies, professionals and anyone else at hand in the position of paying for the lack of responsibility (or simply the greed) of the plaintiffs involved.

Perhaps we should include the judges too, for not simply throwing these suits out before they are tried. We could also cite the jurors, who have to know that the awards are absurd, and the plaintiffs who have gotten settlements completely out of line with any possible harm. But mostly it’s the lawyers, who encourage every American to sue somebody for something.

They refer to themselves as “trial lawyers” in an effort to sound professional, but what they are in reality is a law mafia who thrive on a type of blackmail which should be illegal. The problem is that at both the state and national level, legislators who should make these suits illegal are mostly trial lawyers themselves, so we can’t get the legislation so desperately needed.

The reason for this tirade is the recent publicity about the “obesity suits” now gathering momentum. I had predicted, in this very column several years ago, that this would happen. I said that if juries were stupid enough to make awards to people who had smoked all their lives that the logical precedent being set was that anyone whose personal behavior resulted in anything unhealthy would begin suing whatever entity provided the unhealthy substance. At that time, I jokingly listed Twinkies as the target.

I was wrong. Twinkies must not have as deep of pockets as do fast food chains. Or perhaps the federal government agencies aren’t quite as hot about sweets at the moment as they are about fats. At any rate, no one is fat because they eat fat. They are fat because they eat too much of it or they don’t exercise enough to burn it off. The same is true of sweets, carbohydrates, or even some fruits, vegetables and nuts.

The only thing I can think of that people couldn’t get fat eating it lettuce without salad dressing, and then only because the bulk would be prohibitive. Suing a company because of personal gluttony is the height of absurdity. Suing because of sloth is equally absurd. And a combination of gluttony and sloth is the reason for obesity (with rare exceptions of metabolic disfunction, which can be treated with drugs).

Gluttony and sloth, for those who don’t know, are two of the seven deadly sins. So now the lawyers want to compound that with greed. It is not enough that they have already caused our health care system to cease to function in many areas of the country and to be prohibitively expensive in places where it is still available.

It is also not enough that they have run many companies out of the country, so that they may do business in a better business climate. It is not enough that they have made business owners afraid to defend their property for fear of being sued, thus increasing the cost of business to the consumer or putting the owners out of business altogether.

At the rate trial lawyers are going, our entire economy is going to be ruined before we understand what is going on. Even the insurance companies can’t stay in business when they have to continue to pay these absurd awards.

So I think we need a class action suit. It would include every American whose daily cost of living has been affected by these suits. Smokers, of course, would be reimbursed by attorneys. So would health care consumers. Purchasers of childrens furniture, clothing and toys could join in, not to mention car owners and insured people. The only prohibition would be people who have ever sued anybody for monetary recovery. I’m certain that if we could sue the lawyers for their ill-gotten gains, we would see an end of this foolishness. People themselves are responsible for their behavior, not the companies that provide the vehicle for abuse. I say let’s get the lawyers. They are parasites on an economy that doesn’t need to be sucked dry by leeches. DBJ

Nancy Cotten Hirst
DBJ Contributing Editor



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