South Carolina Criminal Defense Blog

I don't get involved in politics much. I don't campaign for anyone, I don't run for office, I don't typically know a lot about or discuss the candidates. I am equally disillusioned with both political parties. The following is probably an example of why I detest politics, but I am going to step out of character because it needs to be discussed and now is the time with elections on the horizon.

Many (not all) politicians will say or do anything that they think will get them votes. Kind of like a whore, except that their end-goal is votes instead of money. This is why "tough on crime" is an oft-repeated mantra of politicians. Regardless of the social benefit or detriment, regardless of whether it increases or decreases recidivism rates, regardless of what research and experience tells us, politicians will draft legislation to increase penalties for [fill in the blank - sex crimes, drug crimes, DUI] and then they will use their "tough on crime" stance to stump for their re-election. Likewise, they will not touch a bill that could make them appear not "tough on crime," whether it is a good idea or not.

The latest craze among republican and tea-party vote-seekers is to demonize the legal profession. Not that this is a novel idea, but it has truly risen to a crescendo lately. "Trial lawyer" is a dirty word, according to republicans. It's gone beyond "trial lawyer," with some making "lawyer" a dirty word.

Nikki Haley, who is running for governor of S.C., has made attacking lawyers front and center in her campaign. Her opponent Vince Sheheen is an attorney, so I'm guessing this just seemed logical to her and her advisers. She takes up the "tort reform" flag, dropping the buzz-words "frivolous lawsuits" and "out of control verdicts" left and right ("tort reform" is a propaganda campaign created by chambers of commerce, the insurance industry, and Corporate America, and taken up as a rallying cry by politicians just before each election - time and experience has shown that the claims of doctors leaving and insurance premiums rising are simply not true. Doctors are not leaving, and insurance premiums continue to rise after tort reforms are passed) :

Frivolous lawsuits and out-of-control punitive damages drive up the cost of doing business and drive down the quality of healthcare in South Carolina. Our legal system must be reformed to include mandatory, non-binding arbitration and a “loser pays” component to all medical malpractice suits. Most importantly, we must institute a cap on the amount of non-medical damages that can be awarded in a lawsuit.

She vows to replace worker's compensation commissioners with non-lawyers (that makes sense, maybe we can replace judges and, well, lawyers with non-lawyers as well. Nothing like a legal system run by people with no legal training, right?)

The initial goal of the WCC was to streamline claims processing and keep workers’ compensation claims out of trial courts. Instead, it has evolved into an increasingly expensive, subjective judicial process. Given that over half of this Commission’s members are attorneys, this is not altogether surprising. Instead of stacking the Commission with political insiders, former legislators and attorneys, the Haley Administration will ensure that the Commission is balanced with accomplished and respected members of the business community.

She reminds everyone that her opponent is a lawyer at every opportunity, implying that this is somehow a bad thing for the person who will be in charge of the executive branch of government, and claims that his agenda is to "fight for his trial lawyer buddies."

It is disgusting that politicians stoop to this level over and over again, and that people will listen to them and take up repeating their sound bytes without thinking for themselves. Lawyers founded our nation, wrote our laws, wrote our Constitutions. Lawyers fought to end segregation and discrimination in this country. Lawyers are fighting to preserve the few rights that we have left in this country. Criminal defense lawyers and personal injury lawyers are often the only thing standing between the people and the non-human constructs of government and corporations.

"Lawyer" means a person who is trained in the law. Government is a construct that is created by laws for the benefit of the people. Legislators draft bills and cast votes to pass them into law, the Governor is the head of the executive branch which enforces and administrates the laws, and our Courts interpret those laws. The Public Servants that we entrust in each of these branches of government are sworn to uphold the Constitution, as all lawyers are before becoming licensed to practice law. Is it a good idea or a bad idea for a public servant in any position in our government to be trained in the law?

I have dedicated my career to helping people, and to standing up for people when they are threatened or hurt by corporations or the government. If you are taking the time to read this, please speak up when you hear people repeating these ridiculous sound bytes that demonize the legal profession. When politicians use scare tactics and run dishonest campaigns in their attempt to get votes, whether democratic or republican, please go to the polls and vote against that politician, whoever it is. And, when you are in crisis, accused of a crime, or injured by a hospital's negligence, know that there are lawyers who are there to help you.