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COMMENTARY
Trial lawyers’
contributions misunderstood
DAVID I. FALLK
WHAT’S IN a name, and why did
Citizens Against Lawsuit Abuse use this space recently to cast
its sticks and stones?
Last month, the Association of
Trial Lawyers of America changed its name to the American
Association for Justice. The name change is part of a broader
effort by the national trial bar to fight back against decades
of anti-lawyer propaganda funded by big business and special
interests. Much of that funding has gone to front groups such as
CALA and the America Tort Reform Association to produce op-ed
pieces like the one that appeared here.
ATLA changed its name to the
American Association for Justice because we wanted our name to
emphasize what we, as trial lawyers, stand for -- justice.
The truth is, trial lawyers have
much to be proud of. Twenty-two of the 56 signers of the
Declaration of Independence, including John Adams, were trial
lawyers. Thirty-two of the 55 framers of the Constitution,
including James Madison, were trial lawyers. Many of our most
prominent historic figures – Abraham Lincoln, for example --
were trial lawyers.
Trial lawyers serve a vital
purpose in our democracy by preserving the rule of law,
defending the people’s constitutional rights and protecting
the public against reckless corporate behavior, dangerous
products and unsafe practices. We regularly expose wrongdoing
that others would rather keep secret, and we are not afraid to
speak truth to power.
Because we are willing to advance
costs and forego fees unless we win, even the poorest citizen
can go to court and stand on equal footing with the wealthiest
corporation.
For this, the trial bar has
earned the enmity of those who believe they should not have to
answer to ordinary Americans, or cut into their bottom line to
pay damages to those they injure. So, for the past 30 years,
they have spent hundreds of millions of dollars lobbying for
“tort reform” laws, vilifying trial lawyers, undermining our
jury system, and limiting access to justice.
That is why ATRA, CALA and a
plethora of similar and deceptively named organizations came
into being.
An investigation by the watchdog
group Public Citizen found that CALA, contrary to its claims of
being supported by small citizen contributions, is largely
subsidized by wealthy corporate donors, particularly the
tobacco, insurance, oil and gas, medical, chemical and
pharmaceutical industries.
Through the skillful and
aggressive use of public relations, groups like CALA have
created a world where pejorative modifiers like “junk” and
“abuse” are always appended to “lawsuit,” no matter how
meritorious the claim or egregious the corporate misconduct.
Well-funded think tanks, pundits and commentators conjure up
phony statistics on the cost of the legal system, but fail to
study or acknowledge the human toll of lost incomes, ruined
families, and pain and suffering caused by avoidable injury.
In CALA’s PR world, all trial
lawyers are “greedy,” but purveyors of poisonous products
for profit are not.
This well-funded anti-lawyer
cabal has been able to hoodwink the American public into
believing our civil justice system is out of control, and scare
voters in many states into relinquishing essential legal rights.
Meanwhile, corporate America continues to insist upon an
unfettered right to file billion-dollar lawsuits and to pay
their own lawyers exorbitant fees -- win, lose or draw.
By attacking trial lawyers, CALA
is really attacking the people we represent. It is not the trial
lawyer who must spend every day in pain caused by someone
else’s negligence. It is not the trial lawyer whose loved one
lies buried below a manicured grave. Conversely, it is not the
trial lawyer whose year-end bonus depends on putting profits
ahead of consumer safety.
As someone who understands
what’s at stake, I applaud the efforts of the American
Association for Justice to fight back against CALA and similar
merchants of deceit.
David
I. Fallk is a Scranton attorney, AAJ member and president of
the Committee for Justice for All, a regional trial lawyer
group fighting to preserve victims’ rights, and improve
public awareness and safety.
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