The Attack on Trial Lawyers and Tort Law - Appendix 1

Appendix 1 of "The Attack on Trial Lawyers and Tort Law"

Example of Coordinated Dissemination of a Strategic Message

One of the tactics used by the Right is repetition of messages that are designed to resonate with the public and evoke a desired reaction. This appendix presents an example of coordinated use of one such strategic message, which has been repeated in various media, and by various organizations and prominent individuals. In this example the strategic message is that lawyers, lawsuits, etc. are "out of control." The unspoken, subliminal implication of this phrase is that "we have to get it under control."

  • Magazine columns: "The tort system in the United States is out of control." "The Tort Tax," National Review. [60]
  • Newspaper editorials: "The editorial argued that trial lawyers are the reason civil litigation is out of control." Business Councils of New York State story describing Buffalo News editorials. [61]
  • Politicians: " In this state, the lawsuit industry is devastating the practice of medi­cine," Bush said, drawing applause. "Too many frivolous lawsuits in this state are being filed against doctors. That's a fact. And too many jury awards are out of control." -- President Bush    [62]
  • Books: ÎThe Emmy Award-winning host of Court TV's "Catherine Crier Live" describes an American legal system dangerously out of control -- and finds the lawyers guilty as charged.' Publisher's note for "The Case Against Lawyers: How the Lawyers, Politicians, and Bureaucrats Have Turned the Law into an Instru­ment of Tyranny -- and What We as Citizens Have to Do About It" by Catherine Crier
  • Advertisements: "out of control lawsuit system." Health Coalition on Liability and Access (HCLA) advertisement in Roll Call magazine. [63]
  • Radio news programs: "Michael Horta, spokesman for a business-backed group pushing for tort reform says the legal process is out of control and money is not going to those who need it." BBC, World Business Review, Feb. 21, 2003. [64]
  • Physicians' associations: "Over the past several months, many ACP-ASIM members have called to express concern about out-of-control medical liability premiums and excessive lawsuits against doctors." American College of Physicians-American Society of Internal Medicine (ACP-ASIM). [65]
  • Websites: "Lawsuit abuse is a huge problem growing out of control." Orange County CALA. "These are sure fire signs of a legal system spinning completely out of control." Power-of-attorneys website. [66]
  • College newspapers: "Tort law 'out of control,' lawyers to blame, say legal professionals." Michigan Daily. University of Michigan. October 16, 1995. [67]
  • Letters to the editor: "In the end, if reform is defeated, and the current out of control tort system is allowed to gut the access of patients to the physicians whose care they need, the more important question to ask -- one which every lawyer in this state should be asking himself -- is: Will my doctor be there for me?" May 13, 2003. Massachusetts Lawyers Weekly Legal Services. [68]