Vested Interest - January/February 2001 Issue

The President’s Thoughts

While in O'Hare Airport waiting for a flight to an out-of-town deposition, I decided to pick up some reading material for the flight. The January 29, 2001 issue of Business Week magazine was touting on its cover an article identifying the best mutual funds for investments. While the cover caught my eye, when opening to the contents page a large article entitled, The Litigation Machine, was the first article listed under Legal Affairs. Should any of us believe that the A tort deformers have become less active in their work; you should read this article. The article reports how the Web and data sharing have given tort attorneys new muscle. It reports how smoking gun documents over the internet, lawsuit kits, and easy financing have allowed plaintiffs lawyers to have a field day. It talks about the Firestone tire tread separation litigation packet sold by ATLA. It criticizes the sale of the kit because it is a step-by-step guide to suing Bridgestone/Firestone Inc. and Ford Motor Company.

The author seems to find something inherently wrong in plaintiffs lawyers sharing information for lawsuits. This sharing of information by plaintiffs lawyers is nothing new. Insurance companies and defense lawyers have shared information about plaintiffs, defense trial tactics, and other matters for years. Why the author of this article would now find it reprehensible for plaintiffs lawyers to utilize tactics which insurance companies and corporate America have benefited from for years shows the bias of the article and its author.

The article includes a five-step process utilized by plaintiffs lawyers to (1) obtain clients; (2) get the litigation packet; (3) find an expert; (4) get money to finance litigation; and (5) obtain hot confidential documents. The process aides plaintiffs lawyers in obtaining successful results for their clients. One comment by Robert W. Pike, Executive Vice President and Secretary of Allstate Insurance Company, was that these people (tort lawyers) fly around in bigger jets than we do.

The article goes on to report that this is the big reason why corporate America is leaning on President George W. Bush to push tort reform. It reports some of the campaign promises made by President Bush during his campaign. These include clamping down on plaintiff attorneys by changing some of the ground rules for litigation. For example, forcing people who file suits to pay for the other sides legal expenses if they lose, a move that would make it much harder for private citizens to take on big companies.

The article does report that corporate America is far from defenseless in these lawsuits. It cites big companies such as General Motors, Allstate, and DuPont who have more than 100 in-house lawyers a piece, plus dozens of outside firms on retainer. They also have giant budgets and plenty of their own high tech resources. It gives an example of Chicago's Defense Research Institute which offers an on-line library containing files on 50,000 expert witnesses. In our defense, the article cites Richard H. Middleton, Jr., a past President of ATLA who states that the plaintiffs bar simply wants to level the playing field. The article reports about the Attorneys Information Exchange Group which is a central warehouse storing internal corporate documents uncovered in product liability litigation, among other things. It is based in Birmingham, Alabama and is a non-profit group. It started as an informal network of plaintiffs lawyers with Ford Pinto cases.

Anyone interested in what the business world is currently thinking concerning plaintiffs lawyers and the tactics that we utilize in the representation of our clients should read this article. Without a doubt, it will make you much more convinced of the need for us to remain vigilant in our support of the organization's actions to thwart any future tort deform activity at both the state and federal level.

The Illinois Trial Lawyers Association website at ILTLA.com is receiving greater attention from our members. In the past 90 days, the website has received 79,318 hits. It appears that the implementation of the website has proved to be an invaluable asset to our members by providing information about legislation pending in the General Assembly, our current calendar, links to other important websites, seminar information, membership information, and a means to easily contact ITLA with your suggestions and ideas. Please continue to utilize the website and feel free to share your comments and ideas with our organization and other members.

The Leonard Ring award nominations are due in the ITLA office by April 15, 2001. Please forward your letters with the nominations together with the reasons for those nominations to Jim Collins, our Executive Director, in the ITLA office or to me.

The nominating committee will be named soon for the selection of this year's Third-Vice President. This year's nomination for Third-Vice President will be an at large nomination and, as a result, can come from any part of the state. We will also be taking nominations for the Board of Managers. Please watch your mail for details concerning the nominating committee and deadlines for making your nominations.

Again, as always please feel free to contact Jim Collins, our Executive Director, in our Springfield office, or me with any of your suggestions or ideas about how to help the organization provide greater services to its members.

Remember, together we are strong.

Larry R. Rogers, President
Illinois Trial Lawyers Association

(For a copy of the Business Week article, contact the ITLA office - 800-252-8501.)