Looks like Oregon needs to follow Colorado’s example
Just the other week, I posted about how smart it was for civil justice advocates to fight damage caps ballot measures with salary cap ballot measures:
In Colorado, an initiative to limit lawyers’ fees was answered with a barrage of proposals that would limit executive compensation, cap real estate sales commissions and raise the maximum amount of damages payable as a result of shoddy construction, among other things. All the initiatives were eventually withdrawn.
This was a smart tactic. We need to learn a lesson from this and use it in the future.
Now it looks like they need to do the same thing in Oregon:
The Oregonian covers the activism, much coming from familiar advocates of smaller government, lower taxes, and less organized labor, Bill Sizemore and Russ Walker. The Statesman-Journal also has a story, suggesting as many as 14 initiatives making it to the ballot. Two of the qualified measures (as detailed at the excellent Secretary of State's online database):
The first, Initiative 51, limits a lawyer's contingency fees to 25 percent for the first $25,000 and 10 percent above $25,000. The second, Initiative 53, requires the court to sanction attorneys who file frivolous pleadings in civil actions.
I find it shockingly hypocritical that "reformers" fight for mandatory arbitration clauses on the grounds that the government shouldn't interfere with the freedom to contract, but have no issue with limiting the freedom to contract with attorneys. Any "reformers" out there want to take a side on this one?