A Rainy Night in Georgia -- Or, Why I Won't Live or Practice Law in Georgia

Georgia has just passed new "Tort Reform" legislation which is probably the most restrictive anywhere in the nation. A verdict must now be 25% more than the offer of judgment (the defense's last offer to settle). If not the Plaintiff pays all of the defense costs. All ER and OB-GYN Doctors are now immune from lawsuits UNLESS Plaintiff can show wilful and wanton negligence (an incredibly tough burden of proof).

Currently, if you get an attorney to handle your case, they weigh its merits to see if it is worth footing the bill up front for you and spending years handling your case before they take it. Now the risk isn't just that the attorney is out time and cash if they lose, they (and you) will have to foot the bill of the defesne attorney's firm if they lose.

Now, any corporation can hire a room full of $500/hour lawyers from the outset and stack the deck against you so badly that you will not be able to find counsel in any but the most attrocious matters. Citizens of Georgia, you have now effectively been barred from the courthouse. i hope you enjoy your republican leaders. they have taken your rights away.

Remarks from a Georgia attorney:

Just a few days ago Ga. passed the toughest, most sweeping tort reform bill in America. I have been studying it for days now. The GTLA had a meeting/seminar on SB3 yesterday. It is not bad----it is an outrage to Americans and Lawyers everywhere!! Our REPUBLICAN-CONTROLLED (makes you think of Washington,
DC, Huh?) GA. legislature declared war on all plaintiff's lawyers and even shot down the defense firms in the process. The "loser pays" rule applies to ALL TORT ACTIONS, not just med mal! It is devastating to all of us who have spent our careers learning to beat Goliah. Goliah, in the form of control-addict Republicans, have killed the GA. civil litigator! If you voted Republican----your day is at hand in Ga. And your day is at hand in Washington as I write this.

My practice, which WAS primarily med mal, PI, and criminal is NOW criminal! The law was applied retoactively to all pending cases and signed into law instanter. The people of Ga. have lost their constitutional right to litigate when harmed. I have lost two-thirds of my 27 year law practice effective immediately. Pretty tough to take.

Let me warn those of you who don't believe the Republicans are serious in their sick hatred of attorneys---THEY ARE!!! Fight back NOW or they may bankrupt you. If you voted for these people---Please wake up! Call a Ga. lawyer! We know what THEY will do to you!

This is one of my toughest days ever and I have known some tough days.

These tactics might soon come to haunt the insurance industry. In Texas the 'tort reform' system has become so protective of Doctors, they have stopped buying INSURANCE. they just pay into an insurance pool, as they have no risk of loss if they commit mal practice.