The 13th World Conference on Tobacco OR Health

Objective: Despite its obligation to do so, the tobacco industry failed to research the actual dangers of its products and to disseminate the results of such research to the medical community and the public. The industry lawyer's role in these actions was investigated with a focus on their direction of in-house scientific research, misuse of attorney-client privilege, document destruction, and “scorched earth” litigation tactics.

Methods: We searched previously secret tobacco industry documents as well as court transcripts, legal cases, and law review and medical journals articles.

Results: Tobacco industry lawyers have engaged in activities having little or nothing to do with the practice of law, including gauging and attempting to influence company scientists' beliefs, vetting in-house scientific research, and prohibiting scientists from publishing potentially damaging results. Additionally, company lawyers have improperly invoked the attorney-client privilege to protect sensitive documents, directed the destruction of such documents, and employed “scorched earth” litigation tactics when the industry has been sued by smokers or their families. Tobacco-related diseases thus have proliferated due in part to the role of the industry lawyer. Their tactics have prevented the public and the medical community worldwide from learning the truth about smoking's dangers. Additionally, their litigation tactics have made suits against the industry so difficult that most plaintiffs are compelled to drop their cases before trial, thus severely weakening litigation's ability to change industry policy in favor of public health. Stricter professional oversight is needed to ensure that this trend does not continue.