Vested Interest - March 2005 Issue

The President’s Thoughts

Since becoming President of ITLA, I have gained a new appreciation for our members, the trial lawyers of Illinois. Many have given their time, effort and resources to protect justice for all citizens in Illinois. In addition they have provided helpful suggestions and have asked thoughtful questions regarding our purpose, our commitment to our clients and the ethical duties of attorneys.

Among the questions asked:

1. Can we expose the forces outside the judicial system that unfairly demean judges, jurors and lawyers for financial gain?
2. Why are a few extremely powerful corporate interests able to deprive society of its most basic right, the right to redress a wrong?
3. Do insurers want caps on damages so that they can add to their record profits?
4. Will predatory special interests continue to deceive the public with distortion after distortion about civil justice issues?

The brief answer is that some monied interests do not care about citizens' rights. Issues of justice, truth or wrong doing are meaningless to them. They justify their actions only as it affects their bottom line. It is our duty to resist them and to expose them for what they are - - selfish despots.

How are we responding? ITLA is fighting back. We have employed an aggressive strategy that includes public relations, legislative activity, and grass roots initiatives. Additionally, we employ researchers to check facts and anecdotes used to disinform the public of the need for tort reform.

For example, we obtained a recent filing of the ISMIE Mutual Insurance Company revealing:

1. total payouts are down;
2. per claim payments are down; and
3. underwriting gains (premiums minus payouts) were at an all time high in 2004.

ISMIE Mutual’s 2004 underwriting gain was $270,000,000. The sworn filings are evidence of huge ISMIE surpluses. We intend to report the sworn financial data to the public at town meetings, in newspapers and other media. We also will use the published underwriting gains to rebut any misleading statements.

Additionally, ITLA is responding by beginning a new membership drive. Our goal is to make every trial lawyer in Illinois a member of ITLA. We ask for your help in this regard. Encourage all trial lawyers in Illinois to join. If you know a trial lawyer who is not a member of ITLA, ask him or her to join now.

Furthermore, we are marshaling resources so that we can continue to counter dishonest attacks on trial lawyers, judges and the system of justice. ITLA has established a pledge bank of members who are committed to financially help our efforts in the future. I have emailed each member with details regarding the bank. Of the 200 trial lawyers I recently asked to join the bank, only one refused.

If you have not joined the bank yet, please call Tracey in the ITLA office today at 800-252-8501 to join. In addition, ask two of your partners, associates or friends to commit themselves to the bank. After you have received their commitments, please call Tracey in the ITLA office. The financial commitment to the pledge bank is small, but the effect of a large number of trial lawyers committing resources to justice is impressive.

Kevin Conway, President
Illinois Trial Lawyers Association