Texans For Texas

Janelle Shepard, Director

Watch for Trial Lawyers Loose on the Campaign Trail
Janelle Shepard, Director

Texans For Texas, Inc.

January 30, 2004


After announcing the 2003 True Texan would go to State Representative Joe Nixon, I received feedback from many personal injury and medical malpractice attorneys. Most messages had to be deleted before my monitor melted. Yes, their lives have drastically changed. One friend told me that every per$onal injury lawyer he knew wa$ hunting for the one ca$e that would $et him up for a lifetime. (Can you say: “the Texas Tobacco 5?”)

 

Some trial lawyers are so mad about “Ten Gallon Tort” they are running for office. All across Texas there is huge increase in lawyers filing for office as Republicans. Even the Texas Republican Chairwoman, Tina Benkiser is being challenged by a medical malpractice lawyer, Gina Parker, who declared her determination to take over the GOP months before the June convention. How uncomfortable is that? In years past the Democrats were synonymous with trial lawyers. (note: Benkiser is an attorney that heartily supports tort reform)

 

As the population of trial lawyers in the state legislature dwindled along with the Democrats, the chances of tort reform have increased. The population of regular citizens in the legislature has increased with the new majority of Republicans in Austin . small business owners, retirees, farmers, ranchers, insurance agents, doctors and teachers are running the state now. The attorney population is an estimated 40%. After decades of making laws that made their profession wealthy at the expense of other professions, Texas trial attorneys are gasping at their plight: make an honest living like everyone else.

 

The cover of Newsweek magazine in December declared:  Lawsuit Hell Civil Wars

Doctors. Teachers. Coaches. Ministers. They all share a common fear: being sued on the job.

“But Americans don't just sue big corporations or bad people. They sue doctors over misfortunes that no doctor could prevent. They sue their school officials for disciplining their children for cheating. They sue their local governments when they slip and fall on the sidewalk, get hit by drunken drivers, get struck by lightning on city golf courses—and even when they get attacked by a goose in a park (that one brought the injured plaintiff $10,000). They sue their ministers for failing to prevent suicides. They sue their Little League coaches for not putting their children on the all-star team. They sue their wardens when they get hurt playing basketball in prison. They sue when their injuries are severe but self-inflicted, when their hurts are trivial and when they have not suffered at all.”

 

I received an email joke recently that started: Rules for Hunting Attorneys….. Yes, it was funny and macabre at the same time. I just saw it again and decided to delete it. I have some wonderful friends who are attorneys and judges. I respect them very much.

 

Why has our culture reached this state of disdain for a profession once revered?  Catherine Crier, a former Dallas district attorney and judge, is now an Emmy winning legal journalist and host of Court TV's Catherine Crier Live. Crier's 2002 book, The Case Against Lawyers, is an indictment against almost all in the legal profession. Crier leaves no one untouched. Lambasting liberals, conservatives, Democrats, Republicans, big businesses and bureaucrats for making the law an “instrument of tyranny”, Crier states the “rule of law was never meant to be a substitute for community standards.”   Interesting book by a great Texas gal. You might want to read it.

Crier directs people to a website that she monitors. www.overlawyered.com states “ Overlawyered.com explores an American legal system that too often turns litigation into a weapon against guilty and innocent alike, erodes individual responsibility, rewards sharp practice, enriches its participants at the public's expense, and resists even modest efforts at reform and accountability. ”

If you are voting in the Republican Primary this year, take note of the professions of unknown candidates who just recently became politically active. County chairmen across the state are not only wary of ‘rinos', but the obvious attempted hijacking of their party.

Every Democrat legislator who supported HB 4 is also being challenged in the March primary by a very well financed opponent. Watch those races closely. The trial lawyers don't just remember, they get even.

I won't publish any lawyer jokes, I know we are blessed in Texas with more good ones than bad ones. The bad ones may move to New Mexico or Louisiana now. Sorry, neighbors. We just had too many!

 

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Janelle Shepard

Editor of TX4TX Newsletter, registered nurse with 25 years experience. 20 yr political veteran.

Parker County resident, near Fort Worth / Dallas.