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Cash Bar - How trial lawyers bankroll the Democratic party

National Review,  August 20, 2001  by Kate O'Beirne

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So where does all this money go? Right back into the system that created it. Peter Angelos, Maryland's preeminent plaintiffs' attorney, who is suing for 25 percent of the state's $4.4 billion share of the tobacco settlement, has filed suits in four states against the wireless industry, alleging that it failed to protect consumers against possible radiation hazards. (Angelos contributed nearly $1 million to national Democratic candidates in 2000.) Mississippi's Richard Scruggs, whose firm was awarded $1 billion under the tobacco settlement, has filed suits against manufacturers of Ritalin. In June, the Los Angeles Times reported that many lawyer veterans of the tobacco wars are again hooking up with state attorneys general, this time to take on the pharmaceutical industry for allegedly blocking access to cheaper generic drugs.

The trial attorneys are crucial donors for Democratic candidates, but a growing number are themselves becoming formidable self-financed candidates for political office. In 1998, John Edwards of North Carolina beat an incumbent GOP senator, and was the conquering hero at ATLA's convention in Montreal in July, where he explained that he wears his years as a trial attorney as a "badge of honor." Edwards is a chief sponsor of HMO reform and was recently appointed to the Senate Judiciary Committee. ATLA's outgoing president proclaimed, "To say he's the right person at the right place at the right time is one of the greatest understatements I'll ever make." Two other wealthy trial lawyers in Alabama and Oklahoma have declared their intention to seek Democratic nominations for Senate runs next year.

In Florida, W. C. Gentry-a tobacco lawyer and major donor to the Democratic party-is running for the Republican nomination for state senate. His flexibility doesn't surprise his critics, one of whom-Jon Shebel, president and CEO of Associated Industries of Florida-points out: "Trial lawyers will say anything, do anything, be anything to win." In Florida, Republicans are firmly in control of the legislature, so it's easier to win if you run as a Republican. On the day he announced his candidacy in the special election, Gentry committed $250,000 to his TV campaign.

In recent weeks, legislation to reform the class-action system has been introduced, and Senate GOP leaders are talking about proposing a "clients' bill of rights" to limit the amount lawyers can recover in fees. Without fundamental reform, the tort system will remain a lawyers' game of "Who Wants to Be a Billionaire?" at the expense of injured clients-and Republican candidates.

COPYRIGHT 2001 National Review, Inc.
COPYRIGHT 2001 Gale Group