Opportunity and action.

The 2006 election is closing in, and it would be impossible for me to overstate the importance that those of us who value the civil justice system are placing on its results. With a lot of hard labor, dedication, faith, and a little luck, the American people will choose representatives who appreciate and respect the court system as much as we do.

ATLA has been waging a determined and sometimes lonely battle to protect the civil justice system from those seeking to destroy it for their own greedy ends. Well-heeled organizations like the U.S. Chamber of Commerce and the American Tort Reform Association have spent millions over the years lobbying Capitol Hill to subvert the courts, enhancing the bottom lines of the multinational corporations they represent.

These powerful special interests have tried to, among other things, distort ERISA laws to protect insurers, impose limits on the award an injured patient can collect in a medical malpractice case, and create an ill-conceived fund to bail out asbestos companies that were well aware of their product's dangers. They have failed, thanks in no small measure to the efforts of Linda Lipsen, ATLA's senior vice president for public affairs, and her crack staff.

But the Chamber and other groups intent on enriching themselves to the public's detriment won't leave the playing field. To the contrary, they're going to step up their efforts, appealing to sympathetic lawmakers to reconsider these issues. ATLA will work harder and smarter to repel the attacks on the civil justice system. But it won't be easy.

Seizing the moment

There is one sure way for supporters of the civil justice system to prevail--by going to the ballot box. This election looms as a great opportunity. If polls are to be believed, voters are feeling resdess about the nation's direction, an indication that significant change may be afoot.

It's no secret that those seeking to constrain or destroy the court system have made progress in recent years. Fueled by the Chamber and prodded by a White House that has made no secret of its disaffection for trial lawyers and the civil justice system, Congress has inched closer to depriving Americans of the even playing field that only the courts provide. The administration has used its regulatory authority to further empower and enrich multinational corporations and will continue to take advantage of whatever opportunities are available unless the composition of both the House and Senate changes.

Analysts predict some adjustments, but how much change may be coming remains unclear. Certainly the foes of civil justice find themselves on the defensive. President Bush is suffering from diminished public support, with the percentage of those holding a favorable view of his administration stuck in the high 30s or low 40s. Some Republican candidates are running and hiding from the White House, hoping to separate themselves from an unpopular president. Surveys consistently show extensive public displeasure with Congress.

But the transformation we hope for won't occur without our active participation. Our foes are scanning the political field, looking for opportunities and preparing to expend millions of dollars on both the state and national levels to tip close races in their favor. We can protect civil justice--and help the nation as a whole to move forward--by working on behalf of candidates committed to preserving the courts.

Now is the time for action, not complacency. There is no time or reason to stage a celebration based on fluctuating poll numbers. The polls don't show the determination of powerful special interests to spend whatever it takes to ensure that candidates opposed to civil justice prevail. As we have witnessed in the past, these organizations will do and say anything to gain the upper hand.

Anyone who thinks important races have already been decided is dead wrong. Those of us who support candidates who believe in the civil justice system must fight back with hard work and active participation in the process.

Opportunity exists, but an opportunity is only as good as the effort made to achieve the goal. I personally urge all of you to identify a candidate sympathetic to the civil justice system, raise money on his or her behalf, walk the precincts, knock on doors, talk to your neighbors--actively support these good people by all means possible. And try to ensure that all your clients are registered to vote and exercise their right to vote.

To keep members informed, ATLA is launching a communications initiative--Justice Insider 2006: Countdown to Victory. This effort promotes ATLA's spotlighted House candidates. We have launched a new Web site, www.atla.org/justiceinsider, exclusively for ATLA members, who will need their password to log in. The site provides up-to-the-minute news and information on the candidates whose election is crucial to protecting and strengthening the civil justice system.

Do whatever you can do--and more. The civil justice system, which we are all honor-bound to protect, needs you.