Vested Interest - November 1997 Issue

The President’s Thoughts

Well, October and Halloween have come and gone with our Supreme Court giving us neither trick nor treat. Regardless of what is ultimately bestowed, none could argue that this organization has not acted in exemplary fashion. Our united efforts to thwart the overhaul of victims’ rights proudly affirms the principles and dedication of the Illinois Trial Lawyers Association. Therefore, as we approach November’s Thanksgiving, maybe we should pause and reflect on the concept it embodies.

Someone at some time talked about stopping to smell the roses. Aside from the obvious horticultural implications, the underlying message seeks to promote self-appreciation. Certainly, periodic reflections upon the increments of one’s success provides greater inspiration to persevere. Accomplishments should be savored along the way. After all, success should be a journey and a destination. It isn’t always determined by a win or a loss. Setbacks or shortcomings are not failures. They are simply indications that course corrections are in order. Failure is relegated to those who excise themselves from the fight. Our very nature prevents inclusion into that lot. This is why we have been and will continue to be a formidable force.

We have much for which to be thankful during this holiday season. The foremost is that we are lawyers. This profession is not only good to us but its benefits pervade society as a whole. We have a tremendous organization which has almost single-handedly confronted the most powerful of special interests. We are politically influential and a significant participant in this State’s governmental process. We have a resourceful, intelligent and motivated membership. Collectively we are equal to any challenge and have become conditioned to expect them. For this we are most fortunate, since our next challenge is seldom far away.

In fact, Congress is presently concocting tort reform legislation which has been characterized a "reform turkey." These legislative efforts include capping punitive damages in products liability cases as well as capping punitive and non-economic damages in cases arising out of passenger rail transportation. Further, the House has already passed a D.C. Appropriation Bill which caps damages at $250,000 in Washington D.C. healthcare liability actions. Fortunately, the Senate version does not contain the medical malpractice language. The ultimate success of these proposals are uncertain, but are being vigorously pursued. Regardless, their mere existence portends a hostile national anti-consumer assault. It is a blatant reminder that our struggle is perpetual and extends beyond the boundaries of our State.

Change is inevitable and necessary. We don’t quarrel with that notion. However, fundamental rights should be defended at all costs. When the business elite seek to engorge their profits in the name of reform, but at the expense of the people, we will be there! We always have. We should feel great pride that we have made a difference and give thanks that we can continue to do so. Without our efforts and the means to effectuate them, justice would be defined by the highest bidder.

So as we pass the upcoming stuffing and cranberry sauce, let’s be mindful of all that we are and all that we are capable of being. Our status hasn’t accrued in a vacuum. It is the progeny of our collective commitment over many years. Truly it merits laudatory reflection and a sense of gratitude.

Therefore, on behalf of the Illinois Trial Lawyers Association, I extend a heartfelt "thank you" to all our members, past and present. And as we view the bounty upon our holiday tables, we should remember to give a little thanks that we have this organization.

Happy Thanksgiving.
Laird M. Ozmon
President, Illinois Trial Lawyers Association