George Wallace more closely parses John Edwards’s answer at the debates (Oct. 5):
We do have too many lawsuits, and the reality is there’s something that we can do about it. John Kerry and I have a plan to do something about it. We want to put more responsibility on the lawyers to require before a case of malpractice, which the Vice President just spoke about, have the case reviewed by independent experts who determine the case is serious and meritorious before it can be filed; hold the lawyers responsible for that, to certify that, and hold the lawyer financially responsible if they don’t do it; have a three strikes and you’re out rule so that a lawyer who files three of these cases without meeting this requirement loses their right to file these cases.
If Kerry-Edwards are really proposing screening by “independent experts” to determine that a case is “serious and meritorious”, this is an innovative and very real reform. One suspects, however, that these are just focus group buzzwords: in the legislation Edwards co-sponsored in the Senate (POL Sep. 27), “independent” meant that the plaintiff’s attorney got to hand-pick an expert-for-hire to sign off on the case (which is, in most states, already a requirement to survive a summary judgment motion) and “serious and meritorious” meant simply “not brought to harass” or “colorable.” These are merely cosmetic hurdles to suit.
