Vested Interest - December 1998 Issue

The President’s Thoughts

As I have mentioned previously, there seems to be a change in attitude about trial attorneys, both from those that view them and trial attorneys themselves. From late night talk show hosts, you might think we are the center of everyone's thoughts. However, a national poll conducted by ATLA gives some different insights. Lawsuits and lawyers are way down on the list of issues that the population considers most important. Only five percent (5%) felt that reducing the number of lawsuits should be one of two top priorities for Congress. Lawyer issues were eleventh in importance on a list of twelve possible categories. In fact, corporate behavior was a bigger concern than lawyer issues.

In the area of products liability, there should be little concern that jurors believe that on occasion, corporations lie to and defraud the public. Seventy five percent (75%) agree that businesses make and sell their products knowing that they are dangerous. Seventy percent (70%) agree as it gets harder to file lawsuits because of defective products, the number of defective products will increase. And given the choice as to whether to make it harder to file a products liability suit, sixty-four percent (64%) preferred to leave as it is. A very large ninety-one percent (91 %) agree that corporations should not be allowed to profit at the expense of family safety.

As to punitive damages, almost half believed that products would be less safe if there were a cap on damages. Forty percent (40%) believed that if there were a cap there would be an increase in taxes because where the civil justice system doesn't adequately compensate, the taxpayer must absorb the costs of supporting the injured. The population believed overwhelmingly that businesses that lie should be sued (89%).

In the past, we have heard so much about frivolous lawsuits. While a large number feel there are too many lawsuits, a strong majority wanted to extend the right to sue to their HMO's. Seventy-six percent (76%) wanted the right to file a bad faith suit against HMO's and sixty-eight percent (68%) wanted the right to file malpractice suits against HMO's. With regard to medical malpractice generally, sixty-two percent (62%) opposed making it harder to sue doctors and hospitals. And because of deregulation in many areas, eighty-five percent (85%) felt it is important to have the right to file suit and wanted to keep the legal system as it is.

As to capping compensatory damages, there is almost an even split. While some forty-seven percent (47%) favor limits on damages, forty-nine percent (49%) oppose limits regardless of how badly the person is injured.

Citizens are interested in changing the law to help segments of society. While fifty-five percent (55%) agree that changes to the legal system should favor business to improve the business climate, a very strong ninety-eight percent (98%) feel that changes should favor individuals.

As we reflect on the past year, we as trial attorneys can feel good about a number of things. Pro consumer and pro-tort victims legislators are still in the majority in the Illinois House of Representatives.

Significant legislation was passed and became effective in the areas of tort immunity and dram shop. And, overall, I believe the climate for fair recovery for tort victims is going in the right direction.

Warmest greetings to everyone for a happy holiday season.

Martin J. Healy, Jr.
President, Illinois Trial Lawyers Association