Section 4 -- Conclusion
This report has shown that the tort reform movement is part of a two-pronged effort to influence public opinion and gain political power. Industry tort-reform groups utilize "independent voices" -- PR agencies and phony "grass-roots" front groups that appear to be independent of the direct beneficiaries of "tort reform." Meanwhile, the Right has in place a tremendous ideological messaging infrastructure, working for the past 30 years to influence the public's underlying social and ideological attitudes on issues, including tort reform. They have been disciplined, strategic, and patient. They have focused substantial resources on changing the underlying political and social environment, rather than focusing only on single issues.
To mount an effective opposition, it is important that trial lawyers and others understand how the right-wing opposition operates. Information about the right-wing movement should be broadly disseminated to trial lawyers and others who are impacted by the actions from the Right.
Trial lawyers are not the only ones being attacked by the Right. Labor, public education, the environment and a wide range of other issues of concern are also under attack. Efforts to develop and/or strengthen relationships between organizations representing these constituencies, for the purpose of countering right-wing and corporate offenses, are important.
The Right has coordinated their efforts geographically as well as through many "independent voice" sources. The attack on the tort system is coordinated between national organizations like ATRA and state organizations like the CALAs. The effectiveness of this approach demonstrates the importance of close communication between national organizations like ATLA, and the numerous state organizations that favor a strong tort system, including organizations of other than trial lawyers.
Communication and coordination between existing organizations is not enough. One problem is that those responding to the Right's attacks tend to focus on narrow, short-term issues, often reaching existing supporters rather than the general public. Trial lawyers, for example, have tried to explain to the public the truth about damage awards and misleading claims of lawsuit abuse, in response to the current attacks from the tort reform movement and the Right. But, because so many of the pro-tort reform arguments rest on the Right's ideology, the effort to combat tort reform must also work to diminish public acceptance of the underlying ideology itself. Just as blackberry vines in the garden reappear until the root system is removed, tort reform arguments will continue to thrive with the public until the underlying ideology loses strength.
The Right's success demonstrates the need -- and provides the model -- to build independent communications infrastructure organizations that reach the general public with messages that counter ideological messaging from the Right. One doesn't have to reinvent the wheel, one need only look at the Right's success and emulate it. Trial lawyers and other groups attacked by the Right should begin funding multi-issue organizations with a long-term marketing/communications plan to counter the Right's ideology as well as specific tort reform arguments. Without independent voices serving as advocates for trial lawyers and the tort system, both the public and the politicians can be expected to support continued tort "reform."
Funding such organizations will have additional favorable effects. People and politicians who understand the need for strong consumer and patient protections are also likely to be pro-environment, pro-choice, and supportive of other issues. Similarly, pro-environment, pro-choice, etc. voters are very likely to be strongly supportive of the rights of consumers and patient and the interests of trial lawyers. And, owing to the principle of interconnectedness, over time, a funded marketing/communications infrastructure will support a growing network of credible individuals writing books, articles and commentaries, appearing on television and radio news and issues programs, speaking to public interest groups, and using their skills in many beneficial ways.
The question is how one best goes about building public support for an issue or perspective. The answer is simple, you support independent parties who will serve as independent voices, and who will make your case.
Proceed to Appendix 1 -- Example Of Coordinated Dissemination of a Strategic Message