Trial Lawyers Running Wild

At the precise moment that the Illinois State Bar Association is launching a new campaign to improve the image of lawyers in Illinois, one of ISBA's main components and closest allies, the Illinois Trial Lawyers Association, is running its own campaign of greed, deceit and plunder.

Two weeks ago, the Chicago Daily Law Bulletin reported on ISBA's new campaign, in which the organization is using the image of Abraham Lincoln to improve its own image:

''Part of this effort is that we want to reclaim Abraham Lincoln for the legal profession,'' said David N. Anderson, assistant executive director of the ISBA.

President-elect Joseph G. Bisceglia said the campaign could benefit the profession as a whole.

''In our government, there's probably not a better symbol for lawyers and putting lawyers in a positive light than our own Abraham Lincoln,'' Bisceglia said. Both Bisceglia and ISBA President Irene F. Bahr said one of the main concerns of the association's members has been improving the image of lawyers.

President Bahr should meet President Cates -- Judy Cates, current president of the Illinois Trial Lawyers Association. They should have a long conversation.

For ITLA's current campaign is likely to be more effective than ISBA's and ironically, it has been the activities of ITLA and its members that have caused the lousy reputation and image that lawyers have. ITLA actually should reimburse ISBA for the campaign, but that's for them to work out.

ITLA hasn't officially announced a "campaign," -- at least not publicly -- but ITLA members certainly are aware of it. The ITLA campaign is not patterned after Abraham Lincoln -- but seems more in line with the careers of two other historical Illinois figures, John Dillinger and "Baby Face" Nelson.

This is what is happening:

Last week in Springfield an ITLA-backed bill that would change the way compensation is determined in damage suits was passed in the Senate. The bill changes the rules of fairness in the Illinois tort system, such as they are. This bill (SB 1296) would establish that if multiple parties are responsible for causing an injury or loss, it makes no difference which of the multiple parties is most responsible. It will be the party with the "deepest pockets" or most money who pays. It doesn't matter who is mostly at fault, it matters who has the most money.

Steve Puiszis, president of the Illinois Association of Defense Trial Counsel, described it this way:

Consider this hypothetical:

You were recently involved in an automobile accident with a drunk driver. While neither you nor the drunk driver were hurt, a passenger in the drunk driver's car was seriously injured.

Although you were not at fault, the injured passenger sued both you and the other driver, claiming you failed to keep a proper lookout for the driver of the other car, who rammed the side of your vehicle after you entered the intersection.

The injured party then settles with the drunk driver because, as often happens, the drunk driver had minimal insurance coverage.

Should you be worried? Because of legislation currently under consideration in Springfield, you should be.

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An ICJL survey conducted recently in twelve Illinois Senate Districts shows that more than 80% of voters do not think it's "fair to be judged on your ability to pay, as opposed to your degree of fault in lawsuits."

The same survey showed that more than 60% of voters think it's a "bad idea" for the General Assembly to pass laws that result in larger awards in personal injury lawsuits.

(Survey conducted in Senate Districts: 22, 31, 33, 36, 42, 46, 47, 49, 52, 56, 57, 59.)

SB 1296 is sponsored by Sen. John Cullerton, a Chicago Democrat who chairs the Senate Judiciary Civil Law Committee. Cullerton is generally fair and always willing to seek compromise. He spent many hours in discussions with opponents of this bill, including the Illinois Civil Justice League, and he went out of his way to meet and try to accommodate the opponents.

He received many suggestions for compromise and he took them and/or discussed them with ITLA representatives.

But ITLA would have nothing to do with any compromise and the personal injury trial lawyers told Sen. John Cullerton last week that the bill must be voted upon as is.

That means the personal injury trial lawyers have dictated to the leadership of the Illinois Senate (at least the controlling Democratic leadership) that they want SB 1296 passed as is.

This bill can be blocked when it goes to the House (it will first be considered by the House Judiciary Committee) and a lot of effort and energy has been spent and will be spent by many opposing interests, including business interests, medical interests, insurers, many Illinois lawyers, and many others. The Illinois Civil Justice League is playing an active and leading role.

The numerical balance in the Illinois House is not favorable to defeating the bill. Several Democrats will have to go against the party leadership -- and the personal injury trial lawyers -- and it's not promising.

But you can -- and should -- ask your representative to vote against this bill. You can get a direct connections through this link.

You can learn even more from ICJL's DEEP POCKETS ILLINOIS Website.

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The current ITLA assault doesn't end with SB 1296, however. Also coming up in Springfield -- in the House this time -- is likely passage of another ITLA-backed money grab bill that was passed in the Illinois House last week. HB 1798, sponsored by Rep. John Fritchey, like Cullerton a Chicago Democrat (their districts overlap) creates a new target for the Dillinger-Nelson crowd. It would allow compensation to be paid to beneficiaries of decedents in wrongful death cases for "grief and sorrow." Not just for actual loss, which can be calculated, but for "grief and sorrow," which cannot be calculated. Of course, regardless of whether it can be calculated or cannot be calculated, the personal injury trial lawyers will get their cut of the "grief and sorrow."

A prominent Madison County attorney, Jeff Hebrank, said this in testimony before the House Judiciary Civil Law Committee last week:

"For nearly 150 years we have never permitted the beneficiaries of a decedent killed in an accident to get (compensation for) grief and sorrow. The reason is simple. They are not the tort victim. The decedent was. ... Now plaintiff lawyers want grief and sorrow"

Click here to read the Madison-St. Clair Record news report of the Hebrank testimony.

In a letter to all House members last week, the Illinois State Medical Society reminded legislators:

Two years ago, the General Assembly thoughtfully reviewed, investigated and debated damages in professional liability actions against physicians, hospitals and others. In the end, the General Assembly decided to maintain access to heath care and protect this vital service for the citizens of Illinois by capping non-economic damages. This bill would expand the damages allowed in wrongful death lawsuits and medical liability litigation.

But by a straight party-line vote last Wednesday, creation of this new source of money for trial lawyers moved a step closer to enactment. If it passes, the personal injury trial lawyers will get compensation for "grief and sorrow."

Can you feel their "grief and sorrow?"

HB 1798 is not on as fast a track as SB 1296 since the House deadline for passage of bills is not as early as the Senate's March 30 deadline but HB 1798 poses the same challenges to Illinoisans who think our state needs fairness and common sense, in addition to "grief and sorrow."

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In other action last week, the House Judiciary Committee held hearings on four ICJL-backed bills. While they allowed two bills to remain alive in committee, they voted down the other two. This is the same committee that approved HB 1798 earlier in the month. The Committee is dominated by trial lawyer-interests, led by Reps. Jay Hoffman of Madison County and Lou Lang of Cook County. Rep. Careen Gordon was especially vocal - and even appeared hostile - to the expert witnesses testifying in support of our legislation.

Committee Chairman John Fritchey of Chicago is not as locked into trial lawyer-domination (he sponsored the "cheeseburger" bill to prohibit lawsuits against fast-food restaurants) but he generally leans in their direction.

We'll have more on the ICJL-backed bills later ... but for now it is urgent that action be taken to block SB 1296 and HB 1798. Follow this link to contact your legislators.

If you need more information about the bills, follow these links:

SB 1296

HB 1798

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