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WEST VIRGINIA RECORD

Wednesday, May 1, 2024

Since when do lawyers engage in free speech?

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Karma’s a – bad thing. Fortunately, it only happens to people who are doing bad things and deserve a comeuppance. If you’re not pulling fast ones and trying to put something over on someone, karma’s not going to bother you.

If, on the other hand, you’re an attorney advertising unsubstantiated claims about various medications in hopes of drumming up clients to represent in lawsuits against drug companies, you may be doxed by karma. It’ll get your name and address and target you.

Why? Because you’re just causing trouble: scaring people who are taking medications they need to take to control the conditions they have, and forcing pharmaceutical companies to waste millions of dollars defending themselves and their products in court. Karma is what you get for being a jerk.

Of course, karma comes in many different forms, one of which is legislation to curb your bad behavior, such as the Prevention of Deceptive Lawsuit Advertising and Solicitation Practices Regarding the Use of Medications Act, which Gov. Jim Justice signed into law this past March.

The name of the law is a mouthful, and it doesn’t even generate a cutesy-pie acronym (PDLASPRUMA). Still, it’s a good law, long overdue – and, needless to say, opposed by the abusers it targets, who, suddenly and preposterously, have decided to present themselves as defenders of free speech.

“Health problems place a premium on assuring that the people receive truthful and accurate information about their conditions, the drugs and medical devices available to treat them, and their legal rights when injured by those treatments so that they can make informed judgments about their care and about their remedies when treatments go wrong,” says attorney Scott Segal, who is challenging the law.

Is Segal now a proponent of free speech? Seriously? What does this guy bill an hour? Ask his clients and they’ll tell you that his speech isn’t free.

Segal’s free to speak, and our state Legislature is free to enact laws limiting the damage that can be done by irresponsible speakers like him.

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