Special Interest Groups

• WHAT IS ITS MISSION?
• HOW IS IT STRUCTURED?
• PRIMARY FUNCTIONS
• PROGRAMS
• FAST FACTS
• BUDGET INFORMATION
• HISTORY
• CURRENT POLITICAL ISSUES
• WHAT IS A TORT?
• FUTURE DIRECTIONS
• GROUP RESOURCES
• GROUP PUBLICATIONS
• BIBLIOGRAPHY

ESTABLISHED: 1946
EMPLOYEES: 165
MEMBERS: 60,000
PAC: ATLA PAC

Contact Information:
ADDRESS: 1050 31st St. NW Washington, DC 20007
PHONE: (202) 965-3500
TOLL FREE: (800) 424-2725
FAX: (202) 625-7312
E-MAIL: help@atlahq.org
URL: http://www.atlanet.org
PRESIDENT: Mark S. Mandell

WHAT IS ITS MISSION?

According to its promotional literature, the Association of Trial Lawyers of America (ATLA) "promotes justice and fairness for injured persons, safeguards victims' rights—particularly the right to trial by jury—and strengthens the civil justice system through education and disclosure of information critical to public health and safety."

Unlike other lawyers' groups (notably the American Bar Association) which seek to represent the profession as a whole, ATLA focuses on the concerns of plaintiffs attorneys: those who represent individuals, or groups of individuals, in civil cases that involve personal or property damages. As a result, its goals often conflict with those of other attorneys—particularly corporate defense lawyers who are often their adversaries. The rights of injured parties, the accountability of wrongdoers, and the institutional guarantees that uphold those principles, are ATLA's constant priorities.

HOW IS IT STRUCTURED?

ATLA defines itself as "a voluntary professional organization governed by the membership." Its leadership consists of two branches: a board of governors that votes on all policy issues, and an executive committee of national officers that administers ATLA's day-to-day operations. Members who sit on the board of governors are elected to three-year terms and represent local associations in each of the 50 states, the Provinces of Canada, the District of Columbia, Puerto Rico, and four other countries (Ireland, the United Kingdom, and two seats that alternate among different nations). The executive committee consists of a president, vice president, executive director, secretary, treasurer, parliamentarian, and the president-elect for the coming year. Officers, who serve one-year terms, are elected by the membership at an annual convention and presidents are elected one year before their terms begin.

A Bylaws Committee and a Standing Committee help set board policies; the president is also empowered to appoint a Presidential Committee for specific purposes. State delegates take responsibility for membership recruitment and retention. Sections and Litigation groups concentrate on particular legal specialties—such as employment discrimination and toxic products liability—collect and share information, and organize training programs. An International Section coordinates activities in those countries not represented on the board of governors.

PRIMARY FUNCTIONS

ATLA is best known for its advocacy efforts at the state and federal government levels. It is particularly involved in opposing proposals that, in ATLA's view, would seriously weaken the civil justice system—and the rights of consumers—by unfairly changing the rules under which civil cases are tried. ATLA closely monitors proposed state and federal tort legislation, and joins the debate on several fronts, such as lobbying lawmakers, generating publicity and grassroots pressure, and providing testimony before administrative and regulatory agencies. When possible, ATLA coordinates its lobbying efforts with like-minded organizations, primarily consumers' groups and other lawyers' associations.

As an association of legal professionals, ATLA members take cases before the courts. At the national level, they may act on their own or they may work with state trial lawyer associations in mounting constitutional challenges and test cases of local tort reforms. ATLA staffers often act in an advisory capacity even when they are not actually principally involved in a case. In such instances, ATLA submits amicus curiae (friend of the court) briefs to the Supreme Court and other courts.

As a professional association, ATLA provides a number of services to its members, and sponsors a series of conferences and seminars geared toward continuing legal education. These gatherings provide attorneys, law students, and legal paraprofessionals with training on courtroom skills and techniques, as well as the opportunity to share information on recent developments in such specialized fields as product liability and medical malpractice. To the same end, ATLA maintains an extensive database of documents from thousands of court cases, enabling members to research facts, precedents, and expert testimony, and to communicate with other attorneys who have handled similar cases. Through its foundations, the group also sponsors awards, contests, grants and scholarships to support legal education and grassroots advocacy.

ATLA sponsors many educational programs for the general public, in forums ranging from academic roundtables to state fairs, high schools, and community centers. Informative public outreach programs address such issues as access to legal services, home and workplace safety, the jury system, and knowing one's legal rights. In addition to providing speakers and display materials, ATLA publishes several books and pamphlets on legal issues for the general public. To its members, the association also markets a wide range of journals, books, audio cassettes, and videotapes.

Finally, ATLA is known for its powerful political presence. The association's Political Action Committee (ATLA PAC) contributes generously to the campaigns of candidates who endorse its views and the private political contributions of individual ATLA members amount to millions more. Fortune magazine has called ATLA "one of Washington's most formidable lobbies," noting that it is both well-funded and effectively organized.

PROGRAMS

ATLA sponsors a number of initiatives, conferences, caucuses, programs, and opportunities to benefit its members and the public it serves. Such initiatives may be educational in nature or politically motivated.

Training and educational programs for members are offered through ATLA's National College of Advocacy (NCA). For members unable to attend in person, NCA produces and distributes audiotapes of the presentations. Electronic services for members include ATLTA NET, the organization's Web site, and the ATLA Exchange, an extensive database on tort cases nationwide. Through its foundation and the Legal Affairs Department, ATLA maintains an ongoing dialogue with other attorneys' groups and legal scholars.

Long-running ATLA educational programs include "When Justice Is Up to You," a teaching model for junior and senior high schools focusing on the jury system; "Trial by Jury: The Lawyer's Craft," in which attorneys explain and play out the elements of a trial; and "The People's Law School," a seminar series that teaches citizens about their legal rights. ATLA also publishes several books and brochures on topical issues; for example, "The Justice You Deserve" is a handbook on accessing legal and other services in cases of domestic violence.

ATLA supports two foundations. The Civil Justice Foundation, established in 1986, provides grants to tax-exempt grassroots advocacy organizations in three categories: groups of injured consumers, injury-prevention work, and projects to improve the care and treatment of injured consumers. Grants range from $5,000 to $20,000 and more than 80 grants have been awarded, totaling over $1 million. The Roscoe Pound Foundation, named for a former dean of Harvard Law School, sponsors many seminars that promote dialogue among jurists, academics, the media, and public-interest groups, and offers a growing program of scholarships, awards, and contests.

BUDGET INFORMATION

Not made available.

HISTORY

In 1945 two prominent Boston attorneys, Ben Marcus and Sam Horovitz, shared a common concern about the serious disadvantage injured workers faced when litigating their claims against employers and insurance companies. According to Marcus, "We thought we should have a national organization to train attorneys for injured workers and [provide a forum for them] to exchange ideas." The two men gathered together nine others who shared the same goal and in 1946, after each man paid a $1 fee in dues, the National Association of Claimants' Compensation Attorneys (NACCA) was officially established.

While initially conceived as an organization for labor attorneys only, the group slowly began accepting membership from lawyers of other specialties (admiralty, railroad, and personal injury law) who shared similar goals and concerns. By 1964 the Boston-based group had swelled to nearly 20,000 members and represented all personal injury lawyers. To reflect this new, broader representation, the NACCA was renamed the American Trial Lawyers Association (ATLA). Although its focus had broadened, education of its members remained the group's core mission. The organization's flagship publication, TRIAL, was first published in 1964 to a circulation that extended beyond members to include state governors, members of Congress, members of the federal judiciary, and members of the state supreme courts. Today the monthly publication boasts 70,000 to 80,000 readers.

Beginning in the late 1960s, the ATLA began its first round of legislative battles. The group rallied to oppose both the advent of no-fault automobile insurance and medical malpractice reform proposals. In mounting these and other defenses against tort reform, the ATLA began spending less time educating its members and more time lobbying for their interests. In 1972 the organization was renamed again. This time the change was subtle and resulted in the name the Association of Trial Lawyers of America (ATLA).

By 1977 the change to the organization's focus was so evident that some members considered moving the headquarters from the educational hub of Boston to the political hub of Washington, D.C. By a slim margin, members voted to relocate to the nation's capitol. The divisive nature of this decision is reflected in the comments of ATLA historian and former TRIAL editor Richard Jacobson, "The critical thing was the wisdom of some of the leaders [of that time]. They saw that as much as they loved education, the laws themselves were the predominant force affecting the welfare of the client."

Education is still an integral part of ATLA; information is widely disseminated among members through both group publications and seminar programs run by ATLA's National College of Advocacy. The ATLA is a strong, broad-based, international coalition of attorneys, judges, law professors, paralegals, and law students all committed to preserving the adversary system of justice and protecting every person's right to a trial by jury.

CURRENT POLITICAL ISSUES

ATLA's political activity has centered around a series of proposals to change the civil justice system, collectively known as the tort reform movement. This movement began in the 1960s, when critics diagnosed a growing crisis in the civil justice system and proposed a wide range of reforms to correct it. Disturbing trends include a steady increase in the number of lawsuits filed, excessive amounts of damage awards being granted, and aggressive advertising by attorneys working for contingency fees, meaning there are no fees to the client unless the client wins, in which case the attorney receives a share of the settlement.

The courts, defenders of tort reform say, are so clogged with lawsuits that the system is overworked, and justice is delayed for all. Further, they argue that juries routinely award outrageous and excessive damages to plaintiffs and because of this, there is a crisis in the cost of doing business. Small companies may be wiped out by a single lawsuit and larger corporations face mounting costs for legal insurance services, even if they never lose a lawsuit. In turn, critics say that these costs are passed on to the consumer. In particular, the cost of malpractice insurance is cited as a major cause of spiraling health care expenses.

Much of ATLA's activity has consisted of countering the claims and assumptions of tort reform and expressing their views to lawmakers, courts and regulatory agencies, the public, the media, and to the rest of the legal profession. Central to their argument is that the crisis depicted by tort reformers is greatly exaggerated. For example, ATLA publicizes studies showing that tort claims amount to only a small percentage of all civil claims, and that plaintiff win rates have remained relatively constant over the years. The real increase in litigation, ATLA claims, has been in businesses suing each other over contracts, not suits brought by consumers.

Tort reformers claim that attorneys who oppose tort reform do so purely out of self-interest, for attorneys are the ones who profit the most. To that end, ATLA continues to block tort reform and advocates continue to propose remedies in stage legislatures and on Capitol Hill. One of the most frequently mentioned reforms is that of a legislative cap on the total amount of damages that can be awarded.

Case Study: Tort Reform in the States

While tort reform at the federal level receives wide attention, ATLA claims the battle in state houses has been even more intense and has more far-reaching effects since nearly 95 percent of tort cases are tried in state, not federal, courts. Because of this, trial lawyers give heavily to state political campaigns; one study cites $17.3 million in such contributions, over a four-year period, in the states of California, Texas, and Alabama alone. Since the mid-1980s, a wide range of tort reforms have been enacted by state legislatures, particularly in the wake of Republican gains in the 1994 elections. ATLA's response, working with local organizations, has been to continue the battle in the judicial branch, by challenging the constitutionality of reform measures.

For example, Illinois passed a sweeping reform act in 1995, capping all noneconomic damages at $500,000. In December 1997 the Illinois Supreme Court ruled the law in violation of the state constitution. Similar reversals have occurred in Indiana, Montana, and Ohio; one report claims that courts have struck down damage caps in 25 states. When tort reformers enact ballot initiatives, ATLA has also found success in taking its case to the public. In March 1998 California voters decided against three highly publicized tort reform proposals. According to ATLA, these reform campaigns were marked by attempts to exploit antilawyer sentiment and economic fears. Despite heavy funding from state business interests, the three proposals were soundly defeated.

Public Impact

ATLA insists that some reform proposals are unnecessary because the problems they seek to correct are exaggerated. Other proposals are thought to be dangerous because they would weaken the rights of individuals and the accountability of corporations. Punitive damages, for example, are believed to be necessary and effective in the great majority of cases. They are usually invoked only in the most serious of circumstances—one to two percent of all liability cases—and are believed to have a strong deterrent effect. As one ATLA report notes, "In nearly 80 percent of the products liability cases in which punitive damages were awarded, the manufacturer made a subsequent safety change. Beyond that, just the threat of punitive damages causes safety to be taken into account, thereby resulting in a safer America."

According to ATLA, to cap the amount of compensation victims may receive would be to seriously weaken the deterrent effects of tort law and the consumer benefits that result. ATLA argues that the system already has safeguards against abuse (in the rare cases when juries grant excessive awards, judges can and do reduce them), and that its benefits are far greater than its flaws. Again, ATLA argues that the reform has not been proven necessary, and that its adoption would effectively deny many citizens access to justice. Against charges of self-interest, the trial lawyers portray themselves as defenders of the very rights the civil justice system was meant to ensure. In turn, ATLA describes tort reform as an attempt by business interests to roll back recent gains by consumers, avoid accountability, and increase profits.

FUTURE DIRECTIONS

Because it is essentially a reactive organization, the issues that ATLA becomes involved with are ever changing. Specific events trigger ATLA to take action. One possible area that ATLA may concern itself with is the jury system itself. Controversial jury verdicts in high-profile criminal cases have brought about efforts to have civil cases decided by judges, rather than juries. To this end, ATLA might launch a campaign to oppose the assault on juries. Another issue that ATLA might become involved with is lawyer advertising. ATLA also hopes to increase its involvement in international affairs.

As much as its budget allows, ATLA plans to expand its educational outreach programs, in order to foster greater public awareness of the nature and importance of the civil justice system. To many members, these programs are ATLA's most fundamental purpose, and provide the best hope of its ultimate success, since both the jury system and the political process are presumed to depend on an informed, concerned citizenry.

GROUP RESOURCES

ATLA's public Web site at http://www.atlanet.org provides background on the organization, press releases, and journal articles. It is a useful starting point for research projects. The ATLA Exchange and trial databases are accessible only to members. Research requests, and requests for ATLA publications, should be directed to the public relations office at national headquarters: 1050 31st St. NW, Washington, DC 20007; phone 1-800-424-2725.

GROUP PUBLICATIONS

ATLA publishes several periodicals for its members including TRIAL, a monthly legal journal; The Law Reporter, a research collection; and The ATLA Advocate, ATLA's monthly newsletter. All are provided to members at no cost. Two other journals, the Professional Negligence Law Reporter and the Products Liability Law Reporter are geared to the specialties indicated by their titles. Each is offered at a subscription rate of $113/year for members, or $195 for nonmembers. The Roscoe Pound Foundation publishes Civil Justice Digest, a quarterly of legal news and research, as well as many academic papers and reports. ATLA publications are available through the public relations office at 1-800-424-2725. In concert with the legal publishers the West Group, ATLA has also helped produce and distribute dozens of texts and videotapes for legal professionals; these materials are offered by the West Group at 1-800-221-9428.