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Tort Reform, Plaintiffs' Lawyers, and Access to Justice (Hardcover)
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Tort Reform, Plaintiffs' Lawyers, and Access to Justice (Hardcover)
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Tort reform is a favorite cause for many business leaders and
right-leaning politicians, who contend that out-ofcontrol lawsuits
throttle growth and inflate costs, particularly in healthcare. Less
is said about how such reforms might affect the ability of
individuals to recover damages for injuries suffered through
another party's negligence. On that count, Texas-where efforts at
tort reform have been energetic and successful-provides an
opportunity to appraise the outcome for plaintiffs and their
lawyers, an opportunity that Stephen Daniels and Joanne Martin take
full advantage of in this timely and provocative work. Because much
of the action on tort reform takes place on the state level, a look
at the experience of Texas, a large and important state with a very
active plaintiff's bar, is especially instructive. Plaintiffs'
lawyers work on a contingency fee basis, collecting compensation
for themselves as a percentage only if they win. Reduce lawyers'
ability to use contingency fees as compensation, as tort reform
inevitably does, and you reduce their economic incentive to do this
work. Daniels' and Martin's study bears this out. Drawing on over
20 years of research, extensive surveys and interviews, the authors
explore the impact the tort reform movement in Texas has had on the
ability of plaintiffs to obtain judgments-in short on private
citizens' meaningful access to the full power of the law. In the
course of their analysis, the authors explain the history and
economics behind the workings of the plaintiffs' bar. They explore
how lawyers select cases and clients, as well as the referral
process that moves cases among lawyers and allows for
specialization. They also examine the effects of medical
malpractice reforms on plaintiffs' lawyers-reforms that often close
the courthouse doors to certain types of people-tort reform's
"hidden victims." Plaintiffs' lawyers are the civil justice
system's gatekeepers, providing meaningful access to the rights the
law provides. Daniels's and Martin's thorough and fair-minded work
offers a unique and sobering perspective on how tort reform can
curtail this access-and thus, the legal rights of American
citizens.
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