Take your pick: Lawyers are either responsible
for all of Illinois’ economic misery and job losses or
they’re selfless champions of the less fortunate who
wouldn’t dream of taking advantage of the legal system.
That’s the gist of the latest round in
the continuing national battle over lawsuit reform, also known as
tort reform. Once again, Illinois and the downstate county of
Madison are on the front lines.
The latest flare-up was sparked by the release
last week of the U.S. Chamber of Commerce’s annual ranking of
states on the basis of “legal fairness.” The
Chamber’s Institute for Legal Reform said Illinois ranked 46th in the nation, a drop of 12 places in three
years. The survey included Cook County and the St. Louis metro counties
of Madison and St. Clair among the nation’s 15 worst local
jurisdictions.
The rankings were based on a telephone survey
of attorneys working for large corporations and insurance companies
— lawyers who generally have an interest in reducing the
number of liability lawsuits and limiting damage awards.
In addition to the poor showing among
corporate attorneys, the Chamber notes that the litigation-friendly
reputation could drive businesses out of the state. It offers up a reminder that almost 78,000 jobs have been lost in
Illinois since November 2001. “Illinois’ legal system is
badly flawed, is getting worse, and needs to be fixed,” said
Thomas J. Donohue, Chamber president, in a statement.
Even as the Chamber’s press release was
faxed and e-mailed to hundreds of news organizations, the
Chicago-based Center for Justice & Democracy Illinois was
blasting the Chamber’s attack as flawed and unfair. Illinois,
the organization noted, had the third-best business climate in the
country in 2004, according to Site
Selection, a magazine devoted to the
subject of corporate real estate. And workers in Madison County,
which the Chamber last year dubbed a “judicial
hellhole,” saw wages climb by nearly 9 percent, on average,
last year.
Center staff director Amber Hard says the
Chamber seems “utterly unconcerned” with the
state’s actual business climate or the impact its survey may
be having on communities.
The Center for Justice & Democracy
Illinois is an offshoot of the New York-based Center for Justice
& Democracy, which has been around since 1998 and counts
filmmaker Michael Moore and brassy legal investigator Erin
Brockovich as advisors. Its goal is to challenge corporate-led
attacks on the civil-justice system. The Illinois operation was
launched this year.
The point-counterpoint won’t end with
this round.
Along with the survey results, the U.S.
Chamber announced plans for another ad campaign in support of tort
reform.
This article appears in Mar 17-23, 2005.
