Trial Lawyers Change Name to Emphasize Justice

I grew up wanting to be a lawyer.

As I studied the law, I realized that defending the rights of victims of faulty products, unsafe conditions, negligent driving, and other torts is an honorable profession. I wanted to be a trial lawyer.

That was in 1976. Now, more than 30 years later, trial attorneys are running from that label, as evidenced by the name change of the Association of Trial Lawyers of America.

In December, the 56,000-member ATLA, as it was once known, is now the American Association of Justice (AAJ). Its new website is www.justice.org.

To its credit, its membership prefers to explain what they do, rather than who they are, AAJ President Lewis S. Eidson said that the name change represents a "focus on reframing the debate and fighting back against those who are on the wrong side of justice."

If people have a problem with it, let them ask the corporations who gave us a bad name to begin with. In 1997, the head of the U.S. Chamber of Commerce proposed a campaign aimed directly at trial lawyers and said, "I want to give the trial lawyers and ambulance chasers migraine headaches." Particularly since then, they have attempted to wage a war through image.

And what about the politicians, like President George Bush, who runs campaigns based on blaming the "trial lawyers" for anything and everything; from the rise in health care costs, to job losses, to the decline in the economy, to the size of the federal budget deficit? Aren’t big businesses’ legislative changes more about eliminating trial lawyers as a political force, thereby eliminating consumers’ rights, all fo the sake of further empowering corporate America?

California trial lawyers changed the name of their association in 1995 to the Consumer Attorneys of California, reflecting the idea that they really represent consumers in their disputes with others.

Following the ATLA name change, Florida and Louisiana trial lawyers also voted to change the names of their state organizations. Effective this year, the Academy of Florida Trial Lawyers became the Florida Justice Association. The Louisiana Trial Lawyers Association membership voted unanimously in October to rename the organization the Louisiana Association for Justice.

If you visit the website for the FJA (www.floridajusticeassociation.org), it states that it is "Working to Protect the Safety of Florida Families."

Its executive director says, "The decision to change the Academy’s name arose out of a deep and earnest desire to better articulate what we believe in and for every day -- Justice. ... With our new name we are sending a clear signal to Florida’s leaders and citizens that we will fight to protect rights of Florida’s consumers and independent business people to seek justice and get a fair shake in Florida’s courts. Not only will our new name highlight our own commitment to justice, it will help us as we fight to place the focus of the debate over the civil justice system where it truly belongs -- on the rights and welfare of Florida’s consumers."

Well said.

Maybe Illinois trial lawyers should consider the same. As we approach the 200^th birthday of

Abraham Lincoln, I think of some of the cases he took and how he did not have to apologize for ones involving personal injury.

As was true for many lawyers in the 1850s, Lincoln made a living representing clients on both sides of the fence at various points of his career. Lincoln represented railroads numerous times, but in 1854 he brought suit against the Great Western Railroad Company on behalf of an injured railroad worker.

But perhaps his most famous case against a railroad was that of Joseph Dalby.

Dalby and his wife arrived at the station early to purchase tickets from the agent at three cents per mile. As was the common practice then, and even now for many railroads, the company charged more for tickets purchased from the conductor on the train.

Unfortunately, the station agent was sold out of tickets, and he gave Dalby a written memo explaining this to the conductor. But once the Dalbys were on the train, the conductor threw the piece of paper on the floor and demanded that Dalby pay the higher fare. Dalby refused, and the conductor threatened to throw Dalby and his wife, Sarah, off the train at the next stop. At that stop, the conductor and two brakemen attempted to pull Dalby out of his seat, and a fight ensued.

Dalby was beaten, suffering cuts to his face and bruises. Dalby finally paid the extra fare, and he and his wife rode the train to their destination.

Dalby retained Lincoln to collect damages for personal injury. Several passengers called as witnesses testified that the railroad employees initiated the assault, but the railroad contended that the conductor used no more force than was necessary, as authorized by law. A jury found for the plaintiff and awarded him $1,000.

On appeal, the railroad insisted it was not responsible for an employee’s assault and battery, and issue of first impression in the state. The S. Louis, Alton & Chicago Railroad Company v. Dalby, 19 Ill. 352 (1857). Lincoln successfully persuaded the Illinois Supreme Court that a corporation may be held liable for the intentional torts of its employees, a view embraced still today.

More importantly, Lincoln demonstrated his understanding of the role of a lawyer in society -- taking cases in which he believed. We all try to take cases in which he believed. We all try to take cases in which we believe.

The question really becomes: Is it a fair fight? When corporations and insurance companies are fronting organization that bear names that disguise their real purpose, it is time to reveal them for what they are.

And when trial lawyer organizations are castigated for a label and not for what they do, it’s time to better explain what it is that we do so that we can stand up for what we believe.

There is no better time than right now as we witness large corporations and the insurance and medical industries spending billions of dollars attacking the civil justice system. Trial lawyers should make no apologies for attempting to level the playing field. Even Honest Abe was proud to be a trial lawyer.