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12 Litig. News 1 (1986-1987)

handle is hein.journals/lignws12 and id is 1 raw text is: A QUARTERLY PUBLICATION OF THE SECTION OF LITIGATION AMERICAN BAR ASSOCIATION VOLUME 12, NUMBER I FALL 1986 LITIGATION NEWS Insurance Crisis: Lawyers Debate the Causes and Puzzle Over the Solution by Donna J. Blazevic, Associate Editor Litigators often view themselves as white knights, cham- pions of the underdog, and vindicators of the wrongly ac- cused. They devote long and arduous hours to their cases, pouring over minutiae, researching until no stone is left un- turned, all in an effort zealously to protect their clients' inter- ests. Unfortunately, this view of the trial lawyer has become tarnished with the advent, a little over a year ago, of the so- called liability insurance crisis. Insurance companies' refusal to write liability insurance policies for certain risks and the geometric increase of-policy premiums has caused the general public to feel the pinch. Day care centers, police departments, amusement parks and physicians, to name a few, have become more expensive or unavailable. Greedy Lawyers Are Responsible Liability insurers blame contingency fees and runaway jury verdicts for the crisis. According to Consumer Reports magazine, the Insurance Information Institute has launched a $6.5 million advertising campaign to blame greedy plain- tiffs' lawyers for the unavailability of insurance. Insurers and those representing defendants claim the crisis is also con- tributed to by expanding theories of liability, the erosion of a fault-based tort system, the increase in multimillion dollar judgments, the fact that cases that are settled for more than they should be because of inconsistencies in court decisions, (continued on page 4) Section Scrutinizes Lawyers' Image Problem At ABA Annual Meeting by Mark E. Staib, Associate Editor The Litigation Section program at the 1986 ABA Annual Meeting in New York City featured lively discussion of some of the most controversial issues facing the profession today. Panels and individual speakers addressed the current public image of the profession, as shaped by the increasing media scrutiny of courts and lawyers, as well as lawyers' responses to the ethical dilemmas they face today. More than 2,000 Section members attended the meeting, held from August 10 to 13. Showcase Program on the Limits of Zealous Advocacy The meeting began with the Presidential Showcase Program, Issues of Professionalism: The Limits of Zealous Advocacy and Beyond. The program, which was co-sponsored by the Litigation Section, the Commission on Professionalism, and the Standing Committee on Professional Discipline, dealt with the ethical standards and public image of civil and crimi- nal litigators. Not surprisingly, the panel discussion un- covered some serious problems, but no easy solutions. Eugene C. Thomas of Boise, Idaho, ABA President for 1986-87, dubbed the program the important centerpiece of the ABA meeting. Outgoing ABA President William W. Falsgraf of Cleveland, Ohio appointed the ABA Commission on Professionalism to seek remedies for what he perceived to (continued on page 12) IN THIS ISSUE Justice Powell Denies Counterrevolution 3 La Falce Bills Threaten Insurers' Immunity 4 PROFILE: John R. Tomlinson, New Section Chairman 5 6 Council Actions 6a Section Fall Meeting Program 7 Non-Lawyer Judges: An Inside Report

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