In a recent e-mail exchange, a lawyer friend recounted the way one plaintiffs' lawyer he knows once dealt with tort reform during jury selection--
In voir dire, he asked people directly about the tort reform billboards that are sprinkled around the state, and more generally about frivolous suits. He then asked how many people think there are too many frivolous suits, and sure enough, everyone thinks there are and points to the McDonald's case. I think he also asked about lawyers advertising on TV, and they didn't like that either.
And then he said (I'm paraphrasing here) "I agree with you that there are too many frivolous suits, and too many lawyers who will take those, and I sure hope you're not getting my client's case mixed up with all those other bad suits." He spent some time talking about the legal system, and came awfully close to sounding like a tort reform advocate.
I've heard different variations on this theme, and it's something to keep in mind for both plaintiff and defense lawyers.
Related posts: Dealing with Tort Reform in Jury Selection; "Jury Selection in the Era of Tort Reform"
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