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President’s page
October 2007 | Volume 43, Issue 10

Strength in numbers

Kathleen Flynn Peterson

As a trial attorney for the past 26 years, I have come to appreciate many of my colleagues as some of the finest people and best friends I will ever know. They are honorable and committed to the cause of justice. They believe in fairness and the rule of law. They fight tirelessly on behalf of their clients in pursuit of justice.

Many Americans—swayed by the lies spread by powerful interests seeking to undermine our civil justice system—hold a contrary view of members of our profession. With propaganda campaigns fueled by millions of dollars, tort “reform” proponents have attacked us relentlessly for 30 years.

But now the American Association for Justice is fighting back more effectively than ever. We are committed to ensuring that any person who is injured by the misconduct of others can get justice in the courtroom, even when taking on the most powerful interests. We are determined to protect the legal rights of all Americans and strengthen the civil justice system so wrongdoers are held accountable.

When we talk about our work in this way, we have the power to change the debate and go from defense to offense. We know this to be true. In fact, a recent national poll of likely 2008 voters conducted by Peter D. Hart Research Associates bears it out.

The poll revealed that these voters support the civil justice system as an important remedy for corporate misconduct, and they reject so-called legal reforms that instead restrict a plaintiff’s ability to hold corporations accountable. Seventy percent of those questioned said making sure corporations are held responsible when their actions harm consumers, employees, or communities should be a much higher priority for the civil justice system than limiting the amount of compensation that juries can award for pain and suffering.

Respondents also gave priority to holding corporations accountable (61 percent) over “reducing the number of frivolous lawsuits” and penalizing those who file them (32 percent). Those questioned said they would support candidates for public office who defend the civil justice system over candidates who assail “frivolous lawsuits” and advocate tort “reform.” The poll showed that pro-civil-justice candidates not only command overwhelming support from swing voters, but also appeal to significant blocks of Republicans.

Wide margins

One of the most interesting results of the poll came in response to a question asking respondents to choose between two candidates. Candidate A, they were told, favors “restricting lawsuits and says that they hurt patient care, drive up the cost of insurance, and drive jobs overseas when doctors and American business are forced to spend billions of dollars on unnecessary legal bills. This candidate will put top priority on real tort reform to curtail frivolous lawsuits because the only ones benefiting under the current system are trial lawyers.”

Candidate B, the same respondents were told, “favors protecting Americans’ legal rights and strengthening the civil justice system so that deserving individuals can get justice, corporations are held accountable, and insurance companies are required to pay legitimate claims. This candidate will put top priority on ensuring that any person who is injured by the misconduct or negligence of others can get justice in the courtroom.”

By a wide margin—65 percent to 26 percent—respondents supported the latter candidate: the one who stood up for the civil justice system.

The poll’s results also revealed significant anxiety concerning corporate misconduct and the course our country is on. By more than three to one, respondents were dissatisfied (65 percent) rather than satisfied (20 percent) with the direction in which the nation is headed.

Much of that dissatisfaction had to do with respondents’ perception of how corporations do business. While 74 percent of those polled believed large corporations should give priority to being fair and responsible in dealing with consumers and employees instead of always looking out for the bottom line, only 13 percent said they believed this was how corporations actually behave. Eighty-one percent said that corporations’ primary concern is making a profit.

The poll’s results demonstrate overwhelming voter support for a legal system that ensures that those who have been injured by the wrongdoing or negligence of others can receive justice and fair compensation. They show wide support among voters for a vital civil justice system continuing to provide a neutral forum for people to hold corporations accountable when they seek to evade responsibility for their misconduct.

We have made substantial progress throwing off the lies and distortions that have been heaped on us by the corporate special interests. But make no mistake—this is a fight that will go on for many years, and it will demand our unwavering strength and commitment.

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