Heart of Justice Beats Anew

After the O. J. Simpson verdict, attorneys flanked their triumphant clients, who talked of having achieved justice. And for many other victims of such brutal and tragic incidents, that is all they are looking for in the filing of a civil lawsuit.

Take Terry Brown of Barrington. He lost his wife and daughter in a 1989 plane crash in Sioux City, Iowa, and as his attorney we stood firm in refusing to settle the case without first extracting an admission of liability from the company most culpable in the crash. Money just isn't enough. No dollar figure can bring Brown's family back. No amount of money can bring Ron Goldman back. In fact, the family of Nicole Brown Simpson didn't even ask for compensatory damages.

Such feelings of accountability in this country certainly seems to be growing among those wrongfully injured and families of those killed. The victim is no longer willing to accept a check and quietly walk away. Instead, the injured and their families are demanding to see some type of responsibility for the actions of those proven to be liable.

The Sun-Times reported that civil trials against criminal suspects have become more common in recent years, with a 175 percent increase nationwide reported in the last five years ("Civil suits let survivors go beyond criminal cases," news story, Feb. 5).

It is imperative for those selecting an attorney and, in turn, for the attorney representing such clients, to understand just what the goals are in pursuing a civil legal action.

Today's Moneylife section in the Sun-Times reports how to go about finding the "right" attorney - the "right" one being someone who is willing to define and pursue the clients' goals above all else, as the Goldmans' lawyers apparently did.

Generally, the civil justice system is an inadequate forum to achieve the three "R's": retribution, revenge and retaliation. The criminal justice system is left to do that.

But in the case of Simpson, the criminal justice system failed miserably in accomplishing its goals. And that is what is so unusual and riveting about this case. It took a law firm that generally handles auto accident and negligent doctor cases to bring Simpson to his knees-something the entire Los Angeles District Attorney's office was unable to do.

It was left to the families of the victims to turn to the civil justice system to try to achieve a punishment equal, perhaps, to putting Simpson behind bars. A massive money verdict incarcerates him in a way.

As Americans witnessed Fred Goldman emerge from the courtroom punching a fist in the air, it was every American who became, perhaps, a little more empowered, a little more in control of events that seemed to have roared so out of control these last 21/2 years.

Attorneys for the Browns, in fact, also withdrew the negligence count against Simpson in a last-minute attempt to preclude Simpson's insurance from paying any anticipated verdict. The family wanted the liability to fall directly on Simpson himself.

Attributing blame is a pervasive human phenomenon. It is one way in which society makes sense of human actions. Generally, it is a concept that reaches deeply into the jurisprudence of criminal law. But a growing lack of complicity and a focus on causation in civil law is as surprising as it is long-awaited.

Tort law is in the business of locating responsible actors and making them answerable for their behavior. The civil justice system can respond to victims' physical needs through compensation. But, of late, more important, tort law is attempting to make judgments of responsibility for harm in an effort to meet the injured's emotional needs as well.

The Simpson civil verdict proves it can be done. Terry Brown proved it can be done effectively. Plaintiffs are feeling a little less victimized and a little more empowered these days. Perhaps a feeling of renewed confidence in the civil justice system also pulses a little stronger in all of us after the events of this week.

Robert A. Clifford is a partner of Clifford Law Offices, a Chicago firm concentrating in personal injury, wrongful death, aviation, medical malpractice and product liability law.