TortDeform: The Civil Justice Defense Blog

Cyrus Dugger

Frank Luntz’s Tort “Reform” Talking Points

Here are some helpful tips for tort “reformers” across the country to help them properly frame their messaging. If this rhetoric sounds familiar to other readers, it’s because you’ve been hit with this messaging on tort “reform” for a number of years now.

This post is just a glimpse into the political playbook of the tort “reform” movement and their political supporters.

The author of these tips is Frank Luntz.

Frank Luntz helped Newt Gingrich put together his “Contract With America” in 1994.


19) Ending lawsuit abuse. Please, please, please STOP saying tort reform. For too many Americans tort reform has something to do with a French pastry. Tort reform is legalistic, bureaucratic and definitely impersonal. But while a large segment of Americans don’t know what tort reform actually means, virtually all Americans know what lawsuit abuse reform does TO THEM.
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LAWSUIT ABUSE WORDS THAT WORK
“As a matter of principle, companies should be spending less money on litigation and more money on innovation. The single greatest disincentive for America businesses to do business here In America is the absurdity of our legal system. We have become the lawsuit capital of the world. Some companies actually spend more money fighting off frivolous lawsuits than the gross national product of countries that belong to the UN. Other countries use their legal system only when necessary. In America, too many people see the legal system as a loose slot machine, and too many personal Injury lawyers see it as a potential jackpot.”
20) It’s not just the legal system. It’s the people who are abusing the system for their own financial gain. Once and for all, it’s time to take on the PERSONAL INJURY LAWYERS. Those on the outsourcing kick have personalized and demonized America’s CEOs. To some degree that’s a smart (though highly unjustified) strategy because it puts a human face behind the condemnation. You need to practice exactly what they preach — and the personal injury lawyer is the perfect foil. The truth is, GREEDY personal injury lawyers have cost more jobs than any CEO through their reckless abuse of the legal system.
WORDS THAT WORK: PERSONAL INJURY LAWYERS
“Everyone deserves their day in court, but the aggressive nature of the personal injury attorneys and their gaming of the system have ensured that companies spend almost EVERY day in court.
There is simply too much fraud and abuse within the legal system thanks to the unholy alliance of greedy personal injury lawyers and their irresponsible clients. Together, they are ratcheting up the cost of doing business in America while simultaneously driving down the integrity and consistency of our judicial system. As a result, the cost of doing business becomes so expensive that first the jobs go elsewhere, and then the company goes elsewhere.”
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10. Tort Reform - Lawsuit Abuse Reform NEVER SAY: Tort Reform INSTEAD SAY: Lawsuit Abuse Reform The term “tort” has very little meaning to the average American, and at best reminds one of a French pastry. “Lawsuit Abuse” is something most Americans understand and resent. If you really want to make your case, add the word “frivolous.” 11. Trial Lawyer - Personal Injury Lawyer NEVER SAY: Trial Lawyer INSTEAD SAY: Personal Injury Lawyer It is hard to distrust a trial lawyer because we see them portrayed so favorably on L.A. Law and Law & Order. But personal injury lawyers, also known as ambulance chasers, remind people of those annoying, harassing commercials we see at 1:00 am cajoling us to sue someone. If you want to get the frill bang for the buck, call them “predatory personal injury lawyers.”
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Keep reading for some additional points he encourages that touch upon the issue of tort “reform.”

BUSH WORDS THAT WORK "To create jobs, my [LONG-TERM] PLAN will encourage investment and expansion by restraining federal spending, reducing regulation and making tax relief permanent. To create [GOOD] jobs, we will make our country less dependent on foreign sources of energy. To create jobs, we will expand trade and level the playing field to sell American goods and services across the globe. And we must protect small business owners and workers from the expansion of frivolous lawsuits that threaten jobs across America. [Much of this we have already begun. and that's why there are almost two million new jobs created in the last year. And we plan to do even more.]"
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Why not have 10 of the Fortune 100 CEOs come to Washington and announce that if the Senate will pass lawsuit abuse reform, they each will pledge to hire 10,000 new employees in the next year. It is tempting to counter-attack using facts and figures. Resist the temptation. Several Republicans at the convention made the claim that our economy is chugging along just fine and used statistics to prove it. Well, I've got bad news for you - no matter who you are, if you try to link economic statistics with voter’s pocketbooks, you fail - they just don't see it or believe it. PAGE 20 --- If you still feel the need to reel off statistics, then go right ahead, but understand that these cannot be the brunt of your argument. A more effective message is to focus on why jobs have been lost and what will bring them back. Though the numbers are true, they're just not credible. Instead, focus on the future. Americans don't want to be told things are getting better. They want to hear a plan of action to make them better. The President's language works because it speaks to a series of individual proposals that common sense suggests will lead to job creation and because it identifies a series of specific obstacles that need to be removed.
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BUSH WORDS THAT WORK "To create jobs, my [LONG-TERM] PLAN will encourage investment and expansion by restraining federal spending, reducing regulation and making tax relief permanent. To create [GOOD] jobs, we will make our country less dependent on foreign sources of energy. To create jobs, we will expand trade and level the playing field to sell American goods and services across the globe. And we must protect small business owners and workers from the expansion of frivolous lawsuits that threaten jobs across America. [Much of this we have already begun. and that's why there are almost two million new jobs created in the last year. And we plan to do even more.]" But telling people what you are for is not enough. You also have to tell people what you are against. The language below does just that: http://www.politicalstrategy.org/archives/001189.php This is where my opponent and I fundamentally disagree. For the last four years, we have tried to remove the obstacles to more jobs and higher salaries, but both Senator Kerry and Senator Edwards have VOTED NO. President Bush and I believe that when Washington sets taxes too high, and when greedy personal injury lawyers push frivolous lawsuits, Americans lose jobs. You can't say you're fighting for the American worker and support higher taxes and oppose lawsuit abuse reform at the same time. You have to choose.
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10) It’s not the size of the business that matters. It’s the “entrepreneurial spirit” that moves people. As a general rule, when you’re defending corporations, you must understand that it is literally impossible to score a language home run. But as unsympathetic as Americans are to corporate America right now, they are still totally supportive of the entrepreneurial spirit of innovation, discovery and success. It is here that your tax simplification, lawsuit abuse reform, and red tape cutting solutions will resonate most. Businesses will be the first to benefit from those solutions, and they’ll be the first to hire on more workers as soon as they get the hint from you that this country’s not going to be hostile to them any longer.
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Posted at 4:40 PM, Nov 29, 2006 in Permalink | Comments (0) | TrackBack (0)