| 1. |
PROBLEM
Most states do not restrict lawyers from naming specific amounts in lawsuits. Consequently, some lawyers file lawsuits claiming huge amounts simply to gain a headline. The public does not understand the claimed amount is subject only to the lawyer's imagination. |
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RECOMMENDATION
An attorney should not be allowed to propel a non-story into a newsworthy item. If the merits of the story do not warrant coverage, the amount claimed by the lawyer should not justify publication.
GUIDELINE: Refrain from reporting the dollar amount requested in the lawsuit.
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| 2. |
PROBLEM
Often cases are settled for periodic future payments known as annuity settlements. For example, a child with substantial injuries may receive monthly payments for the lifetime of the child. The defendant purchases the annuity with one payment known as the present case value, and no further obligation is owed by the defendant. A headline will read, "Hospital Settled Suit for $5 Million," when in fact the present cash value is less than $700,000. |
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RECOMMENDATION
The actual present cash value of the annuity is more accurate than the reported total of all future payments. If the attorneys are unable or unwilling to provide the actual current cash value of the settlement, no amount should be reported.
GUIDELINE: Investigate and report only the current cash value of a settlement.
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| 3. |
PROBLEM
Often lawyers will sue an insolvent or uninsured defendant in order to obtain a "paper verdict." Often the defendant does not even attend the trial. |
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RECOMMENDATION
It should be made clear that the defendant did not attend the trial, has no assets or insurance. If so, the verdict can not be collected.
GUIDELINE: Investigate and report whether the result was a "paper verdict."
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| 4. |
PROBLEM
Successful plaintiff verdicts are often reported on the front page or receive other prominent coverage. Rarely is a defense verdict reported in the headlines or given an coverage. This creates a false impression to the public that plaintiffs are successful in all cases. |
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RECOMMENDATION
The general public needs a balance of information concerning the workings of the courts. Reporting verdicts when the plaintiff does not win as well as those when they do presents a more accurate picture.
GUIDELINES: Give equal coverage for defense verdicts as well as plaintiff verdicts.
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| 5. |
PROBLEM
Occasionally, a lawyer will file a lawsuit to secure a headline with no intention of prosecuting the case and, after a period of time, will quietly dismiss the suit. |
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RECOMMENDATION
Periodically reviewing past headline cases and following up with status reports will make the public aware of those lawyers who abuse the lawsuit process.
GUIDELINES: Perform a follow-up investigation and report status of "media covered" lawsuits.
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| 6. |
PROBLEM
A huge verdict will sometimes receive prominent media coverage. Thereafter, either by order of the trial court, agreement of the parties, or appellate action, the verdict will be substantially reduced. |
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RECOMMENDATION
Headline cases should be tracked to the ultimate outcome and given equal coverage. The public should not be left with the impression that an unusual outcome was the final result of the judicial process.
GUIDELINE: Follow up and report the conclusion of the case, not just the initial verdict.
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| 7. |
PROBLEM
Statistics show that defendants in civil lawsuits are more successful than plaintiffs in many fields of litigation, especially medical malpractice. The public has a misconception about the statistical information concerning civil lawsuits. |
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RECOMMENDATION
The public needs to have a better understanding of statistical outcome in civil litigation. Most state and federal courts keep statistics on the number of jury trials and case filings. In order to present a true picture of the civil justice system, statistical information should periodically be reported.
GUIDELINE: Report actual lawsuit statistics.
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