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Legal Jobs >> Legal Articles >> Feature >> Legal Profession Edges Out Other Industries In Campaign Contributions
  • Feature
Legal Profession Edges Out Other Industries in Campaign Contributions

by Donna Huffaker     
Either way, lawyers opened their checkbooks, contributing big bucks to the presidential election, as well as local races.

Despite dichotomous viewpoints - and opposing parties - attorneys decided to make large contributions to their preferred candidates and causes on the November ballot. In fact, members of the legal profession edged out every other industry in making donations toward the 2004 General Election. Some lobbyists even hedged their bets, contributing to candidates on both sides of the aisle.

As of October 4, when the latest Federal Election Commission figures were available, lawyers and law firms had swept past health care, real estate and business services with nearly $140 million in donations to federal campaigns, according to the Center for Responsive Politics, a non-partisan, non-profit research group. Based in Washington, D.C. , the CPR tracks money in politics and its effect on elections and public policy.

Sources speculate the surge in donations from the legal industry could be a sign that lawyers were trying hard to make up for a lack of soft money, due to the sweeping changes in campaign finance law.

The McCain-Feingold law, passed in 2002, bans candidates and parties from accepting "soft money'' contributions and increases contribution limits for individuals giving to federal campaigns. The law's sponsors argued that people believed political influence was up for sale because corporations, unions and special interest groups could donate unlimited amounts of money to political parties.

Since Jan. 1, 2003, Republican President George Bush received donations topping $360 million, while former Democratic challenger, Sen. John Kerry, garnered nearly $320 million in donations. Of the $138,952,018 lawyers and law firms doled out, 73 percent of it was tilted toward the Democrats, according to CPR figures.

One of those Democratic donors was Jeffrey Milman, name partner of Newport Beach law firm Lopez, Hodes, Restaino, Milman & Skikos.

Mr. Milman, president of the Orange County Trial Lawyers Association and a member of the American Trial Lawyers Association, said he and members of his firm typically watch the presidential, state and local races, as well as which bills are being pushed and which judges are being appointed.

"We feel passionately about donating. Our clients' lives depend on it,'' Mr. Milman said.

For this election cycle, which runs through Dec. 31, he and the firm contributed thousands of dollars to the campaigns of Mr. Kerry and his vice presidential running mate, Sen. John Edwards, who lost to President Bush; U.S. Sen. Barbara Boxer, who was elected to a third term, and Tom Umberg, an attorney at San Francisco's Morrison & Forrester who ran for state assembly for the 69th district of California and who held an early lead over his Republican opponent, Otto Bade. Mr. Milman also gave money in an effort to defeat Proposition 64, a ballot measure that addresses shakedown lawsuits filed against business over counterfeit fraud claims. The proposition passed.

While the bill sounded good on its face, Mr. Milmansaid, the underlying targets are consumer, civil rights and environmental organizations because it mandates that only government officials enforce the laws on the public's behalf.

Another ongoing battle for Mr. Milman and trial lawyers in general is the fight against tort reform.

"When someone who has lost a mother or a child to medical malpractice sits across from me in my office, I have to look them in the eye and tell them the most I can recover for them is $250,000. That's wrong,'' said Mr. Milman, whose practice area includes medial malpractice, product liability and personal injury.

"If we can block a bad bill from being on the ballot we will. We don't want to see people harmed,'' he added.

The $250,000 cap, plus out of pocket expenses, stems from the 1975 Medical Injury Compensation Reform Act. Noting that there is no cap on recovery for victims injured in an airplane crash, for example, Mr. Milman said it is unfair to have a special set of rules for medical injuries.

On the other side of the tort reform debate are Republicans, who believe spiraling costs associated with medical malpractice cases have forced many emergency rooms to close and doctors to leave the state.

Keith Carlson, a member of the board of directors for the Republican National Lawyers Association and vice chairman of the California Republican Party, South personally contributes money to Republican candidates who, for one, continue to support reform in the tort area.

However, his donations are modest, said Mr. Carlson, an associate who practices employment law and related litigation at Irvine's Carlton, DiSante & Freudenberger of Irvine. Still, it is important to support elected officials who make and influence law, he said. Taking a swipe at Democrats and plaintiff's bars, Mr. Carlson added that he is not pouring piles of cash into the campaign to "keep my job or get richer by trying to get laws passed. I'm politically involved to help our state and our country.''

Morrison & Forrester partner Judith Droz Keyes has been politically involved for years. The labor and employment lawyer - whose former husband, U.S. Navy Lt. j.g. Donald Droz, served alongside Sen. Kerry as one of three Swift boat commanders during a battle in the Dong Cung in Vietnam on Feb. 28, 1969 - has given generously to Democratic campaigns.

"The future of our democracy hangs in the balance. This election is about life and death.'' Ms. Keyes said. "It's about healthcare; it's about the environment; it's about who we're going to bomb and not going to bomb.''

According to FEC figures, in the 2003-2004 election cycle, Ms. Keyes donated $5,000 to Kerry-Edwards General Election Legal and Accounting Compliance Fund and John Kerry for President. Ms. Keyes, a member of Lawyers for Kerry and Edwards, said it is critically important that lawyers donate to campaigns because, as a group, they have a better understanding of the issues facing society.

A week before the election, Ms. Keyes traveled to Pinellas County, Florida for early voting. She helped monitor polling places and noted whether voters were challenged or inappropriately turned away.

Ms. Keyes has helped to raise $100,000 for GELAC in the Bay Area and helped organize a group of volunteer lawyers to head to the swing states and be the legal ears and eyes for the polling places, she said, noting on election day, as mandated by law, they remained 50 feet from the polling premises.

"Donating your time and talent, in the long run, is just as important as donating your money,'' Ms. Keyes said.
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