Leaving a legacy of justice.

When you think of heroes of the legal profession, who comes to mind? Clarence Darrow, the elemental man in the Tennessee courtroom fighting to preserve the doctrine of the separation of church and state? Abraham Lincoln, holding the union together? Or perhaps Thomas Jefferson, crafting the words that gave birth to our nation?

There are many heroes whose names you may have never heard. There is Edgar Brackett, who put together the case that allowed Benjamin Cardozo, then a justice on the New York Court of Appeals, to decide McPherson v. Buick Motor Co., which eliminated the antiquated doctrine of privity in products liability cases. Or Dick Foster, the South Carolina lawyer who took his case all the way to that state's supreme court to win the right of attorneys to write on a blackboard during closing argument. Or Reginald Watt, the California attorney who in 1973 successfully challenged the constitutionality of that state's guest passenger statute. Or Bob Peck, the president of the Center for Constitutional Litigation; he and his staff have thwarted many attempts by business interests to obliterate the hard-won right of plaintiffs to seek full and fair compensation for injuries caused by corporate wrongdoing.

We owe much to these heroes. As Tom Lambert, the "professor emeritus of civil justice," used to say, "We see far because we stand on the shoulders of giants." Now, it is time for us to stand firmly on the ground and consider what legacy we will leave for future generations. Will our sons and daughters have the chance to stand in the well of the courtroom, successfully defending the rights of their injured clients despite the seemingly limitless resources of irresponsible and uncaring corporate defendants? Will they have the tools to call for accountability from the rich, powerful, and privileged?

We are engaged in no less than a war for the continued existence of the Constitution and Bill of Rights. If the Seventh Amendment can be ignored for the sake of pandering to the few, then so can the Fifth, the Fourth, and, yes, even the Second. Freedom has lost some battles, but the outcome of our war to preserve the civil justice system still hangs in the balance.

Charging ahead

On July 2, 1863, Union Army Colonel Joshua Chamberlain, a college professor turned warrior, was atop a hill in Pennsylvania with a ragged and exhausted band of soldiers. With his men out of ammunition and outnumbered, Chamberlain knew that if the hill was lost, so would be the battle, and possibly the war. Instead of digging in and awaiting the inevitable, he ordered bayonets fixed and charged the enemy, surprising and scattering them. The hill was Little Round Top, at the battle of Gettysburg. The rest, as they say, is history.

Our situation today is much like the one those brave soldiers faced. Years, even decades, of relentless attacks have isolated us from those we seek to help. Through exaggeration and outright lies, enemies of responsibility and accountability have mocked the wisdom of our judges and juries. A few of our own, through crass commercialization, have played into the enemy's hands.

It is not too late, though, to win this fight. People of good will still understand, when reminded, that the courtroom is one of the few places where the powerless have a voice, where they can take a stand against powerful corporations that pollute our environment and threaten our safety--and win. It's our job, if we are to leave a legacy of justice, to make that clear.

ATLA has embarked on an aggressive communications campaign. We intend to reframe the debate and tell the American public the truth about corporate-sponsored legislation, policies, and practices aimed at limiting access to the courts. For example, we are making sure the public knows that an alleged "volunteer immunity" bill for Katrina relief workers is really aimed at immunizing multimillion-dollar, no-bid contractors from liability.

We are developing new allies. These include social conservatives, whose support of strong local governments and value of personal responsibility correspond with the values of the civil justice system. And we are using new resources to carry our message. With a fully staffed communications department, we are answering every attack on the civil justice system and exposing every lie behind the tort "reform" message.

ATLA's officers and staff are committed to this plan. We're in it for the long term. We can win only if you help. Will you help us get the resources we need? Will you exemplify, in your daily practice, the best ideals of the civil justice system? If you advertise, will you do it in a way that promotes the strengths of the system?

Will you make this charge with us, or will you sit out the battle, hoping for the best? History wants to know.