The Illinois Trial Lawyers Association’s 50th Anniversary Celebration

As I look back on my presidency of the Illinois Trial Lawyers Association the world today is a much different place. We as lawyers are in a much different place.

Thirteen years ago, even thirteen months ago, we were a different nation. The events of September 11, 2001, changed all that. What was brought to light is a keener awareness that lawyers and the law play a critical role in our society. The law maintains order, resolves disputes, but, perhaps, most importantly, it defines relationships between individuals and groups. I learned years ago under the tutelage of James Dudley, ITLA’s executive director, the importance of the latter function.

As my mentor and friend, Jim taught me the importance of attorneys in the political process. Perhaps he was a renaissance man, a man with vision, ahead of his time. He understood the need for lawyers to be involved in all branches of government, not just the judiciary.

We are witness to that today with the Enron debacle where no less than 40 legislative proposals have been introduced in Congress. Each would, in some way or another change our nation’s laws regarding pension plans, financial disclosure or auditor independence. We have been witness to lawyer’s impact on our lives through WorldCom, Microsoft, and, of course , the tragic events surrounding Sept. 11.

Here in Illinois, we are facing an election where much is at stake. We face an era when for the first time in decades the political complexion in Springfield may change. It is clear through the campaigns that the public is demanding a new accountability. Lawyers can serve as a private check on individuals and entities for fraud, dishonesty, negligence, and lack of due diligence. In fact, the public relies upon us for those very things, but many are unsure of how to do it or how to do it within ethical parameters.

Typically in Springfield trial lawyer have been pushing a reluctant administration to do what is right. Conflicts ensue and tempers inevitably flare. Debate is healthy, and questioning motivations is necessary. We must always be mindful, however, that the political debate be pushed forward.

It does not mean simply to write a check although adequate resources are a necessary part of the process. We must understand the need for a clear strategy in tackling critical issues.

Jim Dudley set an example for all of us to ensure that we comprehend the workings of the legislature, to navigate the corridors of power, to sharpen our political skills on behalf of those we represent. Our efforts actually are in response to an outcry by the public to address legitimate concerns facing the justice system. We live in a nation where legislative hearings are open, the press is unfettered and politicians must justify their actions though elections.

If the press represents the fourth branch of government, I dare say it is the nations lawyers who represent the fifth branch for they supply an educated check and balance of our democracy. Our task is not to eliminate special interests but to provide a structure such that the differences of opinions can be reconciled fairly and peacefully.

Ultimately, balance and an even playing field must be achieved. It has been a struggle to achieve this end in Illinois these last few years.

The misconception that litigants and their lawyers routinely abuse the system for personal gain is perpetuated by the press, by television dramas, pop culture, and political rhetoric. The myth translates into feeding the coffers of state and national politicians. They, in turn, feel they have to attempt to cap recoveries, bar future litigation and strangle procedural requirements. What often happens, though, is a loss of personal freedoms as well as usurping a judge’s or jury’s discretionary authority to determine what is right. Plaintiffs do not form a lobbyists’ group to point out what is wrong. Instead, it is left to the trial lawyers to serve as watchdogs for an unsuspecting public.

Jim Dudley set a tradition of professionalism that allows trial lawyers to hold their heads high as we walk the halls of Springfield’s power brokers. In my year as president of ITLA, I came to understand the need for lawyers to be involved in the process to achieve a balance of competing interests without chilling our duty of zealous advocacy. Together, we uncovered injustices and we saw to it that those who are injured or who have been wronged could rightfully seek redress in a court of law. We would not allow lawyers to be made scapegoats for corporate and big business interests. But that was just the start.

I am sure Jim Dudley is looking down upon all of us now and smiling with that twinkle in his eye, knowing there is still much to be done by all of us.