to the civil justice system.

Underwood did not mention tortreform in his most

recent State of the State address, and he did not introduce legislation on

the subject during this year's session. But he pushed a sweeping proposal

with the 1998 Legislature that targeted most aspects of the civil justice

debate:

- Underwood supported changing how lawyers and clients reach

"contingency fee" agreements, in which clients pledge a percentage of any

damage award as payment to the lawyer. Underwood wanted such

arrangements set in writing before a case proceeds. He also wanted the fee

to be based on the damage award: the larger the award or settlement, the

lower the percentage the lawyer receives as payment.

- Underwood has embraced much of the state Chamber of Commerce's

curbed "punitive damages," or money meant to punish the defendant, be it a

business or person, for their conduct. For corporate defendants, the

limits would have been based on the company's size.

- Underwood wants to similarly limit damages meant to compensate

plaintiffs for such intangible things as "pain and suffering." They are

called non-economic damages. Underwood has proposed caps

proportionate to the amount awarded for such "economic damages" as lost

wages or medical bills.

- Underwood also wanted to toughen the standard of evidence that

plaintiffs must meet to ask for punitive damages. His proposal would have

also changed just how defendants are found liable when a lawsuit targets

more than one person or business.

Wise has usually voted against such proposals in Congress.

Further, he has supported measures which would benefit the people who file

lawsuits, as opposed to those they target:

- Wise voted against a House bill introduced this year aimed at

limiting damages reached against small businesses, defined as having 25 or

fewer employees.

- Wise voted against the most recent bill involving "product

liability" lawsuits. Such suits target defective products. The legislation

focused on certain types of goods and when they were made, setting time

limits on when suits could be filed. After voting against the 1996

measure, Wise also voted against overriding President Clinton's

veto of the bill. The override effort failed.

- Wise voted against last year's bill to protect tobacco

companies from lawsuits targeting cigarettes and their health effects.

- Wise did vote for one "tortreform" measure, a

1999 bill to limit damages and liability in matters involving the Year

2000 computer problem.

- Wise voted for a bill passed by the House last year that would

allow managed-care patients, or their survivors, to sue their health care

plans. The plaintiffs would have to prove that a negligent decision by

plan officials regarding health care resulted in needless injury or death.

To contact staff writer Law-rence Messina, use e-mail or call 348-4869.

Between rounds of golf and well-stocked receptions, those attending

last month's business summit at the world-class Greenbrier resort spent a

lot of time whining about a shared foe: the lawyers who represent

plaintiffs in civil lawsuits.

The need for "tortreform" became a common theme at the

jury verdicts drive away good businesses and caring doctors; "bad public

officials," especially certain Supreme Court justices and circuit judges,

let these lawyers get away with it.

The summit's business leaders, lobbyists and corporate lawyers invited

the leading gubernatorial candidates in to ask their opinions on this and

other subjects. Gov. Cecil Underwood lined himself alongside the

The governor reminded the summit that he has touted "tort

reform" during several of his State of the State addresses. He also

cited how he has pushed legislation to curb damages awarded by juries and

toughen the standards for evidence that plaintiffs must meet.

"Because I stood up with your help and proposed tort

reform, the trial lawyers are generating hundreds of thousands of

dollars for his campaign," Underwood said, referring to Democratic

challenger Rep. Bob Wise, himself a lawyer.

Underwood agreed with summit leaders that lawsuits hurt the

He blamed the defeat of his tort proposals on a handful of

legislators who are also lawyers, alleging that personal interests

prompted them to "stand in the way of reform."

"Divided loyalties are ice water for economic development," the

governor said.

When asked for his opinion, Wise adopted a different stance from

his GOP rival.

"This is one of those issues where if one side puts forth its case, and

then the other side puts forth its case, we can have a great debate,"

Wise said.

Wise also called tortreform"one of those

third-rail issues" that take second place in West Virginia to mountaintop

removal mining and similar topics. "It hasn't gone anywhere," he said.

Wise said he does support some reform proposals. He

touted mediation, where both sides in a lawsuit sit down and talk toward a

resolution with the help of a trained mediator. He also wants lawyers

fined by judges and disciplined by the State Bar when they file frivolous

lawsuits.

Wise questioned whether trial lawyers form such important

companies targeted in lawsuits also support his campaign, he said. They

include his campaign manager and co-chairman of the state Democratic

Party, who is a partner in a Charleston defense firm.

The views expressed by Underwood and Wise at the summit

generally reflect the public policy stances each has taken in office.

Underwood has tackled the notion of tortreform

during most of his term. Wise has coolly received proposed changes

to the civil justice system.

Underwood did not mention tortreform in his most

recent State of the State address, and he did not introduce legislation on

the subject during this year's session. But he pushed a sweeping proposal

with the 1998 Legislature that targeted most aspects of the civil justice

debate:

- Underwood supported changing how lawyers and clients reach

"contingency fee" agreements, in which clients pledge a percentage of any

damage award as payment to the lawyer. Underwood wanted such

arrangements set in writing before a case proceeds. He also wanted the fee

to be based on the damage award: the larger the award or settlement, the

lower the percentage the lawyer receives as payment.

- Underwood has embraced much of the state Chamber of Commerce's

curbed "punitive damages," or money meant to punish the defendant, be it a

business or person, for their conduct. For corporate defendants, the

limits would have been based on the company's size.

- Underwood wants to similarly limit damages meant to compensate

plaintiffs for such intangible things as "pain and suffering." They are

called non-economic damages. Underwood has proposed caps

proportionate to the amount awarded for such "economic damages" as lost

wages or medical bills.

- Underwood also wanted to toughen the standard of evidence that

plaintiffs must meet to ask for punitive damages. His proposal would have

also changed just how defendants are found liable when a lawsuit targets

more than one person or business.

Wise has usually voted against such proposals in Congress.

Further, he has supported measures which would benefit the people who file

lawsuits, as opposed to those they target:

- Wise voted against a House bill introduced this year aimed at

limiting damages reached against small businesses, defined as having 25 or

fewer employees.

- Wise voted against the most recent bill involving "product

liability" lawsuits. Such suits target defective products. The legislation

focused on certain types of goods and when they were made, setting time

limits on when suits could be filed. After voting against the 1996

measure, Wise also voted against overriding President Clinton's

veto of the bill. The override effort failed.

- Wise voted against last year's bill to protect tobacco

companies from lawsuits targeting cigarettes and their health effects.

- Wise did vote for one "tortreform" measure, a

1999 bill to limit damages and liability in matters involving the Year

2000 computer problem.

- Wise voted for a bill passed by the House last year that would

allow managed-care patients, or their survivors, to sue their health care

plans. The plaintiffs would have to prove that a negligent decision by

plan officials regarding health care resulted in needless injury or death.

To contact staff writer Law-rence Messina, use e-mail or call 348-4869.