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By J. Keith Killian, Grand Junction

In a recent advertising campaign, the U.S. Chamber of Commerce attacked the civil justice system, vilifying trial lawyers and alleging that "lawsuit abuse" is costing American families upwards of $3500 annually. Nothing could be further from the truth, as the facts do not support the Chamber's grossly negligent claim.

First, the concept of the so-called "tort tax" on families is wrong-headed. Families do not pay the judgments. Primarily, at fault companies and insurance companies of those who are at fault pay these judgments. It would be more appropriate to say families received these payments because, indeed, it is families that receive the compensation when family members are damaged by the acts of others.

Second, according to a study conducted by TowersPerrin Tillinghast, the total cost of all torts in the U.S. in 2005 was $261 billion, or $880 per person. In its attack on the civil justice system, the U.S. Chamber uses this data to falsely claim that an average family paid a "litigation tax" of $3500.

This claim is incorrect as the average family consists of only 2.6 persons, per U.S. Census data, not four persons as claimed by the U.S. Chamber. The study improperly and brazenly defines tort costs as the total of all civil lawsuits, including corporate and contractual cases, not just personal injury or product liability cases as the U.S. Chamber would have the viewer believe. Additionally, the study showed that U.S. torts grew only 0.5 percent in 2005, the smallest increase since 1997.

However, the most telling fact is that the study's author has publicly called the U.S. Chamber's claims "misleading." Why go to all this trouble to disparage trial lawyers? Unfortunately, opponents of the civil justice system are trying to sensationalize this issue to achieve their real goal - to weaken the basic legal protections and further stack the deck against Americans. These critics -- often shilling for corporate interests hoping to avoid accountability for defective products that injure or kill innocent consumers -- would have us believe we have a system careening out of control. They do not like the jury system and would like to see it under further constraints or eliminated.

Throughout the history of our republic, the civil justice system has played a crucial role, protecting the public from powerful interests and insisting that wrongdoers be held accountable for their actions. It's hard to believe what this great nation, based on laws, would look like if the courts and a strong jury system were not there to offer the American people a level playing field providing an aspiration we embrace above all others - justice.

Although trial lawyers -- as representatives of the civil justice system -- are under constant attack, we are committed to the protection and advancement of individual rights and will continue to fight for those who cannot fight for themselves.

J. Keith Killian Grand Junction, Colorado President 2006-07 Colorado Trial Lawyers Association

READER COMMENTS

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I not only met two honest lawyers I worked, part time, for one of them. She was a personal injury lawyer who would only file charges if HER doctor said it was a real injury, a real disability and the claim was an honest one.
Her fee was only a small percentage of the actual damages awarded. (Punitive damages were never requested unless it was a case where the one being sued had numerous cases of identical or nearly so violations. In her entire career I think she asked for punitive damages three times. In the fifteen years I knew her both as client, worker and friend she never asked for them.)
Rehab, lost wages, medical bills all were not part of her percentage. She also had an upper limit on expenses and would call and mail you about every expense so when you won, and she usually did, you knew exactly how much you were going to get and how much you were going to pay. If the court awarded her fees she collected nothing from the client.

The second lawyer was one who helped me collect from a business that owed me money and had declared bankruptcy. It took them 17 years to pay me. When he got a check, 500 dollars for a 25,000 dollar debt, he wrote letters, made calls and tracked me down through three addresses and I forget how many phone numbers. He charged nothing because he was unable to get more. That's TWO!! Lets get more.

Any one EVER met an honest lawyer?

If trial lawyers really want to help people and not just enrich themselves they can support the following changes in the laws:

Punitive damages can be awarded but neither the plaintiff nor the attorney shall collect any portion. It shall go to a fund whose purpose shall be decided legislatively.

Attorneys who base their fees on a percentage of the award shall be paid only on the portion for actual damages not future living expenses etc.

An attorney who works on a percentage basis shall not be able to charge any amount other than that percentage or a lesser amount. No expenses shall be awarded.

The maximum percentage shall be 25%.

In any class action suit the atttorneys shall chaarge only a flat fee per plaintiff to be disclosed prior to any actions. All monies awarded except for that fee shall go to the litigants.

This will preserve the right of the injured to sue and the right of those selfless attorneys to help them.

Now just try to get it past any legislative body.

Mr. Killian, you are both correct and incorrect. While some attorneys do work on behalf of the public interest, they are the minority. The vast majority of trial attorneys are ambulance chasers. Whether litigating a tobacco lawsuit or some other class action suit, it always comes down to the same result. The litigant receives almost nothing and the attorney(s) receive an excessive percentage.
There is a good reason for public distrust of the legal profession. The ACLU is busy breaking down the foundation of America and the rest are breaking the banks.
I realize you are an attorney, but you obviously are not knowledgeable in corporate finances. When you win a judgment against an insurance company or a corporation, the average American will pay. Those companies do not simply eat the loss, they pass it on to their customers in the form of higher rates or prices.
Do you really believe most people are so naive as to believe that attorneys are working for the average person? You work for the person who can afford you, you work for the lawsuit that has a favorable outcome and the potential to enrich you and your firm.
Since you seem to fancy yourself as some sort of statistical hobbyist, then tell me, how many people in this country do not receive adequate representation in court due to the excessive cost of representation?? I have never seen a collective group of people with such self-importance as defense attorneys.
They charge excessive fees and then provide no guarantee of the level of effort. I have seen so many instances where the defendant was better off defending themselves. While that idea may be foolish, at least they know up front their attorney’s a fool and they didn’t have to pay thousands of dollars to make that determination.
As previously stated, there are very few attorneys working for the average person....most do more harm than good while enriching themselves.

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