Vested Interest - May 2010 Issue

The President's Thoughts

Final Column – Year in Review

It’s hard for me to believe that a year has passed since I became President of this organization. I feel as though I’ve barely started, but here I am writing a perspective on my “time in office.” And what a significant time, for me and for ITLA, this has been.

One of the first things we did was to survey the membership, and the hundreds of replies we got told us a lot about who we are, what we do, and what we want out of this organization. They also pointed out, in stark figures, some issues we need to address if we are to continue to be a vibrant and relevant force in Illinois.

The picture that emerged from the survey was this: The average ITLA member was 40 to 60 years of age, practicing over 16 years in a small firm of two to five attorneys, and largely devoted to plaintiff’s personal injury trial work. Just that snapshot illustrates the need for ITLA to reach out to younger practitioners and law school students to ensure there’s a next generation of ITLA members and leaders.

Much more data is available from the survey, which is located at the ITLA office.

Of all the events and issues that occupied my time as president, none was more significant than the Lebron decision by the Illinois Supreme Court. As you are all aware, in early February the court’s 4 to 2 decision overturned the 2005 legislation that imposed arbitrary caps on medical malpractice awards. What you may not be aware of is the intense battle of words we were engaged in for the months prior to the decision.

We wrote dozens of Op-Eds, Guest Views, Letters to the Editor, and White Papers in support of our position – and the eventual court decision. In addition to being proactive with our efforts, every time a negative article, editorial or letter appeared in any newspaper in the state we responded promptly.

After the decision, we immediately ran a media campaign throughout the state. This included radio ads on large and small stations from Chicago to the Metro-East.

It would be wonderful to say all the effort swayed editorial boards and the media, but sadly some still cling to their anti-consumer, pro-insurance lobby beliefs. It’s a sure bet they’ll publish another editorial that will repeat the same lies about medical malpractice awards, and it’s a sure bet we at ITLA will respond quickly and forcefully.

As we must, because the biggest mistake we can make is to assume the battle is won. It is not. As you read this, the same groups who campaigned so relentlessly against Lebron are focusing on a different target – the legislature and Governor.

Having lost this round, the insurance lobby has decided the best way to obtain favorable laws is to elect politicians to try and enact anti-consumer laws. Or in other words, if the Illinois Constitution is for the people, your next move is to try and pack Springfield with pro-business, anti-consumer folks.

Drastically changing the makeup of the legislature bodes ill for consumers, victims of medical malpractice, the innocent injured – and for our profession. The next election is the new battleground, and every ITLA member needs to do all he or she can to protect the rights of the people.

The future holds a lot of tests for ITLA and its members; internal and external issues demand our attention. Without a strong, unified membership we will not be able to meet these challenges. However, with a united front we are a powerful force in Illinois, and we’ll be able to hold back the opposition. That starts with your involvement in ITLA, and the more you support the agenda of this organization, the stronger we all become.

In closing, I would like to thank each of you for the support I’ve received during my term. This has been a memorable year– if not sometimes-wild ride – and I’m grateful for the experience.

Next month I will be passing the baton to Todd Smith, who is one of the finest trial attorneys in the country. While Todd is the perfect person to lead our organization during this time, he can’t do it alone and will need your help. Please reach out to Todd and help in any way you can. Our organization and the civil justice system as a whole will only survive if all of us continue to fight.

Peter J. Flowers, President
Illinois Trial Lawyers Association