Vested Interest - June 2004 Issue

The President’s Thoughts

Judges, juries and lawyers in Illinois are under a serious and coordinated attack. A bombardment of advertising by the Illinois Chamber of Commerce, the Civil Justice League and others, describing courts as "out of control", lawyers as "sharks" and lawsuits as "frivolous" is misleading and insulting. It is particularly offensive to members of the judiciary who are constrained in their abilities to respond to this blatant political offensive. The Chamber of Commerce and other special interests see economic benefit in smearing the civil justice system.

In April, former Attorney General and Federal Judge, Griffin Bell, joined in the assault on the Illinois civil justice system. Like the Chamber of Commerce and advertisers, he failed to disclose his economic ties to the issues and the huge advantages that his law firm’s clients would reap if the rights of victims in Illinois were reduced.

Avoiding any attempt at balance, the advertisements omit the destruction of lives and families caused by wrongdoers. They omit that wrongdoers are subject to damages that they wrongfully cause.

What wrongdoing do large companies ask relief from? Why do the tobacco companies seek drastic changes in class action litigation? Are they aware that the Federal government has alleged in a RICO suit that they deceived the public about the danger of tobacco and the addictive effects of nicotine? Are they aware that the government also alleges that they illegally targeted children through advertising, then lied about it?

Are the asbestos companies aware that asbestos is currently used in many products in the U.S.? Are they aware of 2,000 to 3,000 deaths a year are due to mesothelioma, a cancer caused by asbestos? Clearly, they are. And, clearly they will continue to omit their wrongdoing, while asking for legal relief.

Has the Chamber of Commerce or the Civil Justice League funded any studies to make products safer? Have they recommended standards to make the air cleaner or water more pure? Have they encouraged government to add incentives to health care providers to relocate to areas most underserved?

The answers are clear. The Chamber of Commerce and the Civil Justice League are lobbying groups who are attempting to change laws for the benefit of their few members at the expense of the public.

It is our task to make it clear that they want to better their balance sheets on the backs of those catastrophically injured and wrongfully killed. It is our duty to confront them publicly throughout the State of Illinois. We must answer the echo chamber of their advertising campaign. Justice depends on it.

Kevin J. Conway, President
Illinois Trial Lawyers Association