Inside the push for tort reform

A version of this story first appeared in the Raise the Bar newsletter. To get it in your inbox, sign up for free by clicking here.

By Emily Kelchen | for Raise the Bar

Tort reform remains one of the most hotly debated issues in the legal world, shaping how courts handle civil lawsuits and how attorneys advocate for their clients. For this issue of Raise the Bar, we sat down with Tom Stebbins, the executive director of the Lawsuit Reform Alliance of New York, to talk about the push for change in the civil justice system. Whether you’re a litigator, in-house counsel or policy watcher, this conversation sheds light on a debate that affects us all.

What does a day in the life of a tort reformer look like? Who are you talking to, and what are you trying to accomplish?
Depends on the day! During the legislative session, I am talking to legislators and staff about bills that affect civil justice in New York. 

In the off-session, I am often talking to business leaders and trade associations. I will talk to doctors and hospitals about medical liability issues, or contractors about their liability issues. The organization I lead also frequently engages with the courts, either with amicus briefs or via public comment on rulemaking. 

Finally, I often speak with members of the media to help them translate complex issues into language that regular people can understand.

How much of your job is persuasion versus education?

It's mostly education. The legislature, the courts, the media, our members—they are generally aware that there are things we could do to improve the legal system. My job is to show them the data and highlight the cases and stories that show what reforms are needed.

The persuasion part is getting them to care enough to act. Logic and data do not often win the day.

What makes a legal issue “ripe” for reform?
My organization’s members and the front-line attorneys who work for them are often the ones who bring things to our attention. 

For example, we knew insurance fraud was happening in NYC, but it was our member attorneys who brought the scale of the fraud to our attention. As part of that, they share with us specific stories or cases where a construction crew staged an accident and a migrant was given back surgery under pressure from a gang, bankrolled by litigation financing.

When we combine those stories with data, we can make a strong case for reform.

What advice would you give to a lawyer who wants to influence policy?
Don’t give up if change doesn’t happen right away. Keep showing up. Keep telling your story and looking for policymakers who are willing to champion your cause.

You're all caught up!

 Thanks for reading today's edition! You can reach the newsletter team at raisethebar@mynewsletter.co. We enjoy hearing from you.

 Interested in advertising? Email us at newslettersales@mvfglobal.com

 Was this email forwarded to you? Sign up here to get this newsletter every week. 

 Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.