Edwards on Tort Reform

This post was written by marc on October 6, 2004
Posted Under: Letters to the Editor

Letter to the Editor

John Edwards make a very interesting suggestion during the VP debate about legal reform that I had never heard before. Edwards said: “We want to put more responsibility on the lawyers to require, before a case, malpractice, which the vice president just spoke about, have the case reviewed by independent experts to determine if the case is serious and meritorious before it can be filed; hold the lawyers responsible for that, certify that and hold the lawyer financially responsible if they don’t do it; have a three-strikes-and-you’re-out rule so that a lawyer who files three of these cases without meeting this requirement loses their right to file these cases.”

As someone who has been abused by crooked lawyers personally and have seen how much lawyers get away with – I was very impressed with this suggestion. This is the most aggressive proposal against lawyer abuse I have ever heard come from a politician. I think this is a good idea and that it’s something that should be pursued.

Reader Comments

Actually, this rule is already in place. It is called Civil Rule 11 and it mandates that any pleading submitted to a court must be based on a good-faith investigation of the facts. Unfortunately, most judges are politicians in robes, so this rule rarely gets enforced.

And who will appoint this “independent” and with the dollars involved, how long will it be independent?

#1 
Written By Brenda Helverson on October 6th, 2004 @ 1:18 pm

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