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Rising to the challenge of the 108th Congress.


I sat down to write this column the day after the midterm mid·term  
n.
1. The middle of an academic term or a political term of office.

2.
a. An examination given at the middle of a school or college term.

b. midterms A series of such examinations.
 congressional elections. Lawmakers who support powerful corporate interests at the expense of consumers, patients, workers, and families will control the Senate and the House of Representatives in the 108th Congress. The news is disappointing but far from hopeless for America's civil justice system.

I emphasize that partisan labels are not the real issue. Civil justice supporters sit on both sides of the aisle, and we support good candidates regardless of party affiliation. If anything, the election results suggest that we must work harder to reach out to pro-civil-justice Republicans. But in political reality, leadership sets the agenda--and there is no doubt that the new leadership in both houses is wedded to big-business interests whose top priority is to put greedy corporations above the law.

The implications for our clients could be tragic. For 17 months, the Democrats who controlled the Senate held back a torrent of tort "reform" promoted by the Republican-led House. They held off this legislation with a single-vote majority and help from a handful of principled prin·ci·pled  
adj.
Based on, marked by, or manifesting principle: a principled decision; a highly principled person.
 and caring Republicans. With Republicans now the majority in both chambers--their leaders committed to a probusiness, anticonsumer agenda--the floodgates are likely to open. "Justice for all" truly is in danger of becoming "justice for some."

ATLA's members have united to turn back similar tides before. In 1995, we faced a massive challenge when even larger Republican majoritios took over Congress with a plan to pass sweeping tort litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute.

When a person begins a civil lawsuit, the person enters into a process called litigation.
 limits as part of their "Contract with America In the historic 1994 midterm elections, Republicans won a majority in Congress for the first time in forty years, partly on the appeal of a platform called the Contract with America. Put forward by House Republicans, this sweeping ten-point plan promised to reshape government. ." But a pro-civil-justice president was in the White House. We have no such check or balance today. President Bush makes no secret of his disdain for lawyers and his goal of limiting legitimate lawsuits by injured Americans.

Today, our foes in corporate America are better organized than ever. The U.S. Chamber of Commerce The U.S. Chamber of Commerce is the world's largest not-for-profit federation of businesses, representing more than 3 million businesses and organizations in the United States. As of 2003, the chamber was comprised of 3000 state and local chambers and 830 business associations.  has launched a multimillion-dollar assault on trial lawyers and the civil justice system. The election results will only embolden em·bold·en  
tr.v. em·bold·ened, em·bold·en·ing, em·bold·ens
To foster boldness or courage in; encourage. See Synonyms at encourage.
 the Chamber and its corporate allies.

We cannot hope to match the financial resources of our well-heeled opponents in the insurance, tobacco, drug, chemical, and manufacturing industries manufacturing industries nplindustrias fpl manufactureras

manufacturing industries nplindustries fpl de transformation

. But no one should underestimate our commitment to our clients and our cause. I know ATLA's members will rise to this occasion. As trial lawyers, we're experienced in fighting uphill battles. Against great odds, we daily represent people harmed by corporate greed and indifference. We must bring that experience to the coming battle.

Our first step is to correct the public image of trial lawyers. We know who we are: We're the good guys. But in the public's mind, we're swaggering swag·ger  
v. swag·gered, swag·ger·ing, swag·gers

v.intr.
1. To walk or conduct oneself with an insolent or arrogant air; strut.

2. To brag; boast.

v.tr.
, arrogant money-grubbers. It's time It's Time was a successful political campaign run by the Australian Labor Party (ALP) under Gough Whitlam at the 1972 election in Australia. Campaigning on the perceived need for change after 23 years of conservative (Liberal Party of Australia) government, Labor put forward a  to put a new face on our profession, to accurately reflect that we are soccer coaches, parents, school board members, and community volunteers who fight for the "little guy" against the Enrons of the world.

There is no quick or easy fix. ATLA ATLA Association of Trial Lawyers of America
ATLA American Theological Library Association
ATLA American Trial Lawyers Association
ATLA Air Transport Licensing Authority (Hong Kong)
ATLA Avatar: The Last Airbender
 is working on new initiatives in this area, but ultimately the responsibility for fixing our image falls on every member. We need to stop merely saying that we're misunderstood and educate people about the good that we do.

Repairing the image of trial lawyers starts with each of us, and the place to begin is at home, at the grassroots level, in our own communities. The suggestions below can make a difference. If they seem small or inconsequential in·con·se·quen·tial  
adj.
1. Lacking importance.

2. Not following from premises or evidence; illogical.

n.
A triviality.
 in the face of corporate America's relentless assault, just imagine how many people we'll reach if every ATLA member is engaged. Tools to help you get started are available on ATLA's new-and-improved Web site at www. atla.org, and more will be coming.

* Communicate regularly with your clients through newsletters and e-mails that inform them on key issues and reinforce a positive image of the civil justice system and the trial lawyers who help them. Your ATLA membership provides access to customized newsletters at substantial discounts.

* Identify potential allies in your community, such as consumer or safety groups, and work publicly to support their efforts. Team with them and your local police department to sponsor a bike helmet safety program or a car seat safety checkup check·up
n.
1. An examination or inspection.

2. A general physical examination.


checkup See Yearly checkup.
 day.

* Reach out to seniors, families, and students explaining that trial lawyers are on their side, working to make America safer. Volunteer to speak at local schools, to community groups, and at senior centers.

Debunking de·bunk  
tr.v. de·bunked, de·bunk·ing, de·bunks
To expose or ridicule the falseness, sham, or exaggerated claims of: debunk a supposed miracle drug.
 myths about the McDonald's coffee case is a good place to start because everybody has heard about it.

A difficult and challenging opportunity is ahead. Now is the time to encourage every one of your colleagues to support ATLA--the trial lawyers' national voice. Together, we can and will fix the image of trial lawyers, turn back the tide of tort "reform," and again elect a pro-civil-justice majority in Congress. After all, don't the good guys usually win in the end?

Your friend,

Mary Alexander
COPYRIGHT 2002 American Association for Justice
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:figthing tort reform
Author:Alexander, Mary
Publication:Trial
Date:Dec 1, 2002
Words:808
Previous Article:Quotes.
Next Article:Study the Art of Advocacy with ATLA's National College of Advocacy. (New ATLA Continuing Legal Education Programs).
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