President's Page.

• Author: Mitchell, George H.
• Position: Lawyers for Civil Justice

A Marriage That Works

AS the U.S. civil justice system imposes ever greater burdens and costs on litigation and clients, it becomes increasingly important for the International Association of Defense Counsel to strengthen partnerships that work to bring about more fairness and efficiency in the system.

For more than a decade, IADC has been a moving force in supporting Lawyers for Civil Justice, the national coalition of defense trial lawyers organizations and corporations that seeks to restore and maintain balance in the civil justice system for the benefit of the public. We at IADC recognize that LCJ represents a true partnership for corporate counsel and defense lawyers to address crucial civil justice issues. Defense counsel benefit in the courtroom when the civil justice system reflects fairness and professionalism. LCJ benefits from the synergy created by the participation of both corporate and defense counsel in advocating worthwhile civil justice reform initiatives. The central mission of LCJ--that of providing defense counsel with the opportunity to advocate policy positions affecting civil litigation--is vital to both organizations.

Focusing on issues

In recent years, LCJ has focused on a limited number of issues on which it was reasonable to believe that it could have some positive impact. With the support of some 30 corporations that are LCJ members, the principle focus has been on legislation affecting civil procedure and on rules that govern civil litigation. And in so doing, LCJ has enlisted the participation of the IADC and many IADC members.

A good example of the partnership is the support of federal legislation that would permit the removal of class actions involving multistate-member classes from state court to the federal courts. IADC supports legislation in the 106th Congress--H.R. 1875 in the House and S. 353 in the Senate--that would grant original jurisdiction over class actions in which there is minimal, rather than complete, diversity.

Over the past several years, the number of putative class actions filed has skyrocketed, and these actions, which create enormous financial exposure for target corporations, are being concentrated in state courts as a result of stricter certification standards in federal courts. Some state courts have certified class actions that do not meet basic and generally accepted requirements. Plaintiffs' attorneys have taken their class actions to state courts that are less likely to exercise...