Vested Interest - October 2006 Issue

The President's Thoughts

“Crusade For Civil Justice”

The First Crusade began when Pope Urban II called upon the knights of Christendom to push back the conquests of Islam at the Council of Clermont in 1095. Thousands of warriors took a vow and committed themselves to fight. In the early days, there was no clear chain of command, and no detailed strategy. This Crusade was comprised of thousands of warriors marching deep into enemy territory, committed to a common cause. For over 200 years, the soldiers continued their battles, always remaining dedicated to their cause. Whether these combatants were right or wrong, they believed in their quest.

Like those first warriors, lawyers who commit themselves to fight for the civil justice system must remain committed to a common cause – To secure and protect the rights of those injured in their persons or civil rights; and defend the trial by jury and the adversarial system of justice. In the past few years, we have seen enemies of the civil justice system use their vast resources in an effort to destroy the courts, impugn the credibility of hard-working judges and demean the work of trial lawyers. The ultimate targets, of course, are the legislature and courthouse.

Now, election season is upon us, and the U.S. Chamber of Commerce has purchased almost $1 million dollars in advertising, aiming their efforts at poisoning the citizen voter/juror and intimidating judges. The newest ads claim businesses in the metro-east are leaving Illinois because of the litigious climate in the State. The ad implores the viewer to end “lawsuit abuse.” Unfortunately, television advertisement of this kind does not have to be true. There are no laws of accountability. The truth, of course, according to the Bush Administration, is that the number of small businesses in Illinois is actually increasing. The published statistics by the SBA reveal that in 2003, there were 969,700 businesses; for 2004 - 1,001,185 businesses; and for 2005 -1,087,700 businesses.

The same kind of misinformation is being spread with regard to the number of physicians in Illinois. The State of Illinois has actually increased its number of practitioners, despite the representations by the media. The headline on October 1, 2006 in the Belleville News Democrat warned: “A Year Later: Malpractice problem lingers.” Despite the contentious headline, the newspaper admits that the number of doctors has not decreased. Lawsuits have not increased. In fact, the number of paid advertisements by new physicians has increased the revenue for this newspaper!

The wealth committed to poisoning the civil justice system is immense. The members of the Board of Directors for the U.S. Chamber represent some of the richest corporations in America. So how do we compete against this perfect storm?

Mark Twain’s intuitive comment offers the solution: It’s not the size of the dog in the fight, it’s the size of the fight in the dog.” The members of this organization have a much greater commitment to the battle that is being waged. We are active today in the election process. Many of our members have committed themselves to participate in the “get out the vote” campaign. Early voting will begin on October 16th and end on November 2, 2006. During this election season, ITLA members will work the polls, make telephone calls and urge family, friends and clients to vote.

In addition to our involvement in the election process, ITLA remains committed to the legislative process. Legislation introduced to impair access to justice will be our target, as in years past. We will also align ourselves with others who suffer injustice from big business. Even the physicians in Illinois may need our help! Recently, the Illinois Supreme Court dealt a heavy blow to doctors who were affiliated with the health care provider - HealthLink. Justice Karmeier, the winner of an election backed by the Illinois State Medical society, authored the opinion, which allows HealthLink to collect a surcharge from physicians, thereby lowering their overall compensation. Doctors already receive too little compensation when affiliated with managed care companies, thereby forcing many to close their doors. This recent opinion now allows HealthLink to squeeze even more revenue from physician compensation. Perhaps these docs could use a little legislative assistance?

We have just begun this fight! The CRUSADE FOR CIVIL JUSTICE is the new battlefront for implementing our goals. As in every war, some encounters can be lost. There is no room, however, for discouragement. Let the crusade begin!

Judy L. Cates, President
Illinois Trial Lawyers Association