| President's Column
February 2006 / Volume 42, Issue 2
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.
AAJ 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.
AAJ’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.
—Kenneth M. Suggs
RELATED INFORMATION:
Ken Sugg's Bio
Announcement of AAJ Presidency
Articles: "New President Hopes to Boost Trial Lawyers' Image"
About Our Law Firm
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