Law of Unintended Consequences, Part 145: Dwight Meredith, another blogger who passes the time away by practicing law, points out the biggest reason why frivolous lawsuits happen; the "tort reformers" themselves. In reference to the investigative series in the LA Times this week, he notes:

Part of the tort reformers' narrative is that greedy lawyers push clients into bringing marginal law suits. That may be true in some class action suits in which the lawyer is committed to a certain amount of work regardless of whether the class is large or small but in everyday individual suits, it is almost always the prospective client who is pushing the hardest for a suit to be brought.

The client has been told over and over by the tort reformers and the media that a jury may award him the riches of Croesus regardless of whether he has suffered significant damage and regardless of whether he has been wronged. It is not surprising that prospective clients are eager to collect.

If the tort reformers and the media provided a more accurate picture of the nature of the litigation system, fewer people would be so eager to sue. The tort reformers do not really care if people bring frivolous suits or potentially meritorious suits with small damages. The frivolous suits lose early and often. The trivial suits do not cost much. The tort reform lobby is quite willing to accept an increase in trivial suits if they can create a political climate that allows them to limit the exposure of businesses and insurance companies on the really bad cases. Perhaps the media should expose that game. It would not even have to make stuff up.

[link via Charles Kuffner]