Trial Lawyers Are Well Represented in Congress's Freshman Class

[Ron Burgundy]

Bloomberg - Jan. 10 - Trial lawyers comprise more than a fourth of the new members of the U.S. House of Representatives, reflecting what some say is a more favorable opinion toward them on the part of voters.

Fourteen of the 54 newly elected House members are trial lawyers, compared with 12 of the freshmen in 2002 and 2004 combined, according to the Washington-based American Association for Justice, formerly the Association of Trial Lawyers of America.

Linda Lipsen, a spokeswoman for the group, said being a member of the legal profession was seen by many voters on Nov. 7 as a positive. ``They were viewed as someone who would stand up for the little guy,'' she said in an interview.

The surge in trial lawyers probably doesn't bode well for those who favor limiting lawsuits to promote business expansion.

President George W. Bush and the previous Republican- controlled Congress, backed by such groups as the U.S. Chamber of Commerce, enacted 2005 legislation requiring the largest class-action suits to be filed in federal court rather than state courts that have been more sympathetic to plaintiffs.

There may be little chance of passing other so-called tort reforms that were shelved last year. That includes proposals to ban lawsuits blaming restaurants for obesity, to limit how much people injured by medical malpractice can collect in damages and a $140 billion trust fund to pay victims of asbestos exposure in lieu of letting them sue.

``There is so much reform that needs to take place in Washington first,'' said Representative Kirsten Gillibrand (news, bio, voting record), a New York Democrat. ``When it comes to the jury system, people generally believe the jury system works.''

`Populist Tint'

``There is a greater populist tint'' to the new freshman class, said veteran Senator Russell Feingold, a Wisconsin Democrat.

The incoming group is dominated by Democrats who say Congress will focus on such issues as the war in Iraq, health care, ethics and energy independence.

Democrat Representative Bruce Braley (news, bio, voting record) of Iowa may typify the new breed. Attacked as a ``greedy trial lawyer'' in Republican campaign ads, the rookie lawmaker points to his legal background with pride. ``I spent a lifetime standing up for people who didn't have a voice to speak for themselves,'' Braley said.

``Frivolous lawsuits have little to do with the rising costs of health care,'' added Representative Zack Space (news, bio, voting record), a new Democratic member from Ohio. ``It's been a red herring in the past.''

Business Lobbyists

The added presence of lawyers in Congress hasn't gone unnoticed by business lobbyists, who say they are going to continue pushing for new restrictions on lawsuits.

The Chamber of Commerce, the nation's largest business lobby, and its Institute for Legal Reform spent $23.5 million during the first six months of 2006. That was second only to the senior citizens lobbying group AARP, according to Congressional Quarterly's PoliticalMoneyLine.

The Chamber of Commerce is prepared to continue battling trial lawyers, President Tom Donohue said.

``We don't intend to change,'' he said. ``The American people have figured out who these guys are, people who suck vitality out of companies.''

To contact the reporter on this story: Jonathan D. Salant in Washington at jsalant@bloomberg.net .