Vested Interest - June 2009 Issue

The President's Thoughts

When I was selected to become President of ITLA, my first thought was gratitude for the honor. As one who has spent his entire professional life as a trial lawyer, this is a career pinnacle. My next thought was what I wanted to accomplish in the next twelve months - and that is to strengthen the organization and prepare it for the challenges of the future.

Our field is faced with two major threats: the relentless legislative and public relations assault on our profession and the declining involvement of our own members. This is a toxic combination, and unless there is a re-commitment by trial lawyers to support ITLA and our national association, AAJ, our field of practice may well be legislated out of existence.

I started practicing law in 1992, and immediately I was inundated with requests to join various organizations. The American Bar Association and Illinois State Bar Association came calling first, and the American Trial Lawyers Association and Illinois Trial Lawyers Association soon followed. As a young lawyer I was no judge of the value of any organization, so I simply joined the ones that my employer would pay for: the ABA and the ISBA.

As my career became established, I began to question which organization best protected the rights of ordinary people, especially in the face of the seemingly constant negative public portrayal of trial lawyers who represent these people. The two that stood out were the Illinois Trial Lawyers Association and the Association of Trial Lawyers of America. They were also the two associations with the highest dues, and though my resources were limited, I knew even then membership was a worthwhile investment. I swallowed hard, paid my dues, got involved, and soon joined several of the committees.

In the ten years I have been an active member of these organizations I witnessed many of their accomplishments and learned just how important these organizations are to not only our profession but also to the ordinary hard working people of our state who are innocent victims of negligence. But I have heard criticisms, too, from people who question what they do and how they do it, but I consider much of the criticism unfair.

Consider Illinois, where we are constantly faced with unfavorable legislation being introduced in Springfield. Basically, every type of legislation designed to limit a person’s ability to recover damages for the wrongful conduct of another. The intense, well organized lobbying efforts of ITLA is the only reason that certain bills have been defeated and some never even reached a vote.

Similarly, for the Association of Trial Lawyers of America, now known as AAJ, the same type of commitment to thwarting bad laws has been required. During the Bush Administration there was a major push to nationalize medical malpractice law, and without the tireless work of AAJ staff, it likely would have become reality. In another of many examples, AAJ has also fought back against the constant attacks on those injured by asbestos.

In addition to defending against repressive legislation, both organizations work to forward positive legislation. As one example of ITLA’s 2009 activism, Senate Bill 84, which abolished certain provisions for filing suit against the CTA, passed both houses, and was signed by Governor Quinn on Monday, June 1.

Bad law does not just happen; it is out there for all to see during the process. ITLA and AAJ are our premier advocacy voices; our only protection from oppressive legislation. Take away these watchdogs and the ordinary person loses.

Certainly, all of us want changes made to the system, and there are those who feel legislation is not pushed forward fast enough by either of these organizations. However, one must understand passing favorable legislation is not a simple or easy task. It takes time, strategy and careful execution. Both associations and their executive committees must weigh many factors before deciding when and where to go forward.

Meeting all of the challenges AAJ and ITLA face – and by extension the challenges every trial lawyer faces – requires commitment and solidarity. Our success depends on an active, involved membership in both associations. Tragically, in the last few years there has been a significant decline in membership of AAJ and participation in ITLA.

The decline in Illinois participation in AAJ is so severe we will likely lose governors on the board. This is significant and requires our immediate action. Soon when a new AAJ census is taken, we must have an increase in participation of AAJ. We need AAJ as much as we need ITLA to advocate for our clients. It is difficult enough to compete with those against civil justice, but without these organizations we will have no voice.

In any organization, there are some members who join for a certain benefit and leave before they have a chance to participate further. Participation can mean gathering and sharing information. It can also mean joining committees and task forces to reach a common goal or simply giving a monetary donation to support the group’s efforts. It’s when members do not see the value of their participation that they leave.

Over the next few months we will conduct surveys to assess your views on membership. We need to know where the problems exist between members’ expectations and what you may perceive as lacking. The results will provide valuable information on developing membership benefits and revising strategic plans.

Just as each moment in your professional career is important, every day of your memberships in ITLA and AAJ is valuable. They are our only avenues to fight oppressive legislation and debunk myths and spotlight the realities of litigation, victims and awards.

Commit to support both associations fully; our work is too important to be defined by others, especially those fundamentally opposed to fair play for innocent victims.

Peter J. Flowers, President
Illinois Trial Lawyers Association