SELF-DESCRIBED 'CONSUMER WATCHDOG' SIDES WITH AMBULANCE-CHASERS IN LAWYER ADVERTISING CASE

ATRA Questions Public Citizen's Conflicted Allegiances

Washington, DC, January 23, 2009 -- After a federal appeals court yesterday heard arguments about the constitutionality of state court-imposed restrictions on advertising and solicitation of clients by lawyers in New York, American Tort Reform Association president Tiger Joyce today noted the fact that Washington-based Public Citizen "had disturbingly joined the case on behalf of personal injury lawyers."

Joyce said ATRA is not taking a position on the First Amendment right to commercial speech at issue in several of the broader lawyer-advertising regulations in the case, Alexander & Catalano v. Cahill. "But Public Citizen has even sided with the lawyers against New York's 30-day moratorium on soliciting clients for wrongful death and personal injury cases after accidents," Joyce explained.

"Certainly victims and survivors of tragic accidents should be informed of their rights and the pertinent law in due course, and they should be free to pursue legal representation on their own," Joyce stipulated. "They should not, however, be subjected to high-pressure sales pitches from personal injury lawyers while ambulance crews are still on the scene. It is perfectly reasonable to provide traumatized individuals a prescribed period in which to heal somewhat, emotionally and physically, before being exhorted into seeking legal representation."

Yesterday's edition of the New York Law Journal reported that Public Citizen's Gregory Beck is actively assisting the representation of the Syracuse-area "personal injury law firm known for its flamboyant TV ads" that has challenged the advertising restrictions (see "2nd Circuit to Hear Arguments on Lawyer Ad Restrictions" by Joel Stashenko).

"Public Citizen's status as a 'consumer watchdog' is tenuous at best when it chooses to support lawyers over injured persons. One wonders if there are political or financial reasons for such a position," concluded Joyce.

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The American Tort Reform Association (ATRA) is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.