Time to act.

I am reluctant to describe what will occur on November 2 as the most important election of our lifetime. The only reason is that we've already heard it so often before. Make no mistake: It is true. But I just can't say it anymore.

What can be said is that the stakes continue to rise and have never been higher. The future of the civil justice system as we know it, access to the courts for regular Americans, and indeed, the right to trial by jury are in the balance.

We've all heard it: A well-funded attack has sought to convince the American public that an explosion of frivolous lawsuits is responsible for every iii that has beset our country, particularly our lagging economy and our health care system. This is despite federal government data clearly demonstrating that all costs related to medical matters in the civil justice system amount to only about 1 percent of overall health care expenditures.

We've heard all the catch words and phrases that pepper the diatribe: junk lawsuits; jackpot justice; judicial hellhole; and greedy trial lawyers breathing down the necks of good, hardworking doctors and businesspeople. The corporate and insurance interests that fund this effort have been successful in creating extreme prejudice against trial lawyers and the civil justice system in the minds of a good portion of the public.

The irony is that they have convinced some people to favor the destruction of their own rights, probably without completely understanding that they are doing so.

We have to take this opportunity to frame the issues on our own terms. Rather than backing away from this attack, we need to tell the true story from the perspective of those we have represented--those who would have had nowhere to turn if not for the civil justice system.

This is our opportunity to high--light the critical role civil justice has played in making America safer. Unsafe products have been removed from the marketplace or modified to remove the danger. Corporations must now consider the ramifications of platting profits before people. It has simply never been true that what is good for business is always good for people. Such a utilitarian view simply doesn't fit when a wrong-doer's misconduct causes devastating damage.

In the current climate, there are no guarantees. But one tiling is clear: Our ability to protect civil justice rights is directly related to the degree of our personal commitment and involvement. Each day, we need to look in the mirror and ask, Am I doing everything I possibly can to make a difference?

The presidential candidates, of course, present a stark contrast. George W. Bush's attacks on trial lawyers are a routine staple of his stump speeches. Trial lawyers are to blame for even the sluggish and modest job recovery in this country, he claims--not to mention the millions of new uninsureds added during his time in office.

John Kerry has opposed efforts to shut courthouse doors. He has voted against legislation designed to place caps on damages in medical malpractice cases, and he has opposed efforts to destroy the contingent fee--which, today, is far more than the key to the courthouse for America's poor. Without the contingent fee system, only the wealthy and powerful would have access to the courts.

What can you do?

* Educate your clients about the attack on the civil justice system.

* Encourage them to support pro-civil-justice candidates.

* Provide voter registration forms for your clients in your law office's waiting room.

Our strength is in longstanding constitutional principles. It is in the Seventh Amendment. It is in the right to trial by jury and access to the courthouse. If we fail to fully commit and stay involved, we will see these rights disappear.

The time to stand up and be heard is now!