For The Defense, February 2012 - DRI Today

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On The Record A Teachable Moment Rings True In Search of Our Voice By J. Michael Weston, DRI First Vice President According to Wikipedia, the alpha and omega of knowledge in the twenty- first century, a teachable moment is “the time at which learning a particular topic or idea become possible or easiest.” One never knows how and when teachable moments occur, but when they do they are certainly worth noting and acting upon. I had a teachable moment when I attended the Southwest Regional Meeting in Santa Fe, New Mexico, last August. I sat in a gathering of 15–20 great bar leaders from the states in the Southwest Region, along with DRI Past Presidents Burt Johnson, John Martin and Cary Hiltgen, and Southwest Regional Director Kevin Driskill. I listened to the accomplishments of the various state and local defense organizations and heard their plans for the upcoming year. Texas Association of Defense Counsel (TADC) President Keith O’Donnell chronicled the past year in Texas. He reported on the very difficult year that Texas defense counsel had experienced in dealing with draconian tort reform that was being pushed through the Texas legislature. (Included among the provisions was “loser pays.”) Thanks to the good work of the TADC, in cooperation with the Texas chapter of ABOTA (led by DRI National Director David Chamberlain), many of the provisions were softened and the rights of its citizens to utilize the courts for civil disputes protected. However as he discussed the work of the TADC, Keith looked at me and firmly said, “DRI ain’t the voice of the defense bar.” (He may not have said “ain’t” but it felt like he did.) Keith went on to talk about what is important to defense lawyers as they represent their clients and as they build and maintain their careers. He talked about access to the courts and ensuring that the playing field remains fair. He rightly questioned whether DRI spoke in that voice when it touted itself as the “voice of the defense bar.” For me it was a teachable moment. As I flew back to Iowa after the conference, I reflected on the many positions that DRI takes on your behalf as members of the civil defense bar. I thought about instances where the positions we have taken were what members like Keith rightly expect, and others that may not have been. In the months that followed, DRI Executive Director John Kouris traveled the country and visited with SLDO leaders to discuss how we can best serve one another and our respective members. A common theme was that the states want DRI to speak effectively on behalf of its members—defense lawyers. Some questioned whether we were. In response the Executive Committee of DRI announced the DRI Center for Law and Public Policy. Developed and championed by President Henry Sneath, the Center will strive to make DRI more consistent, responsive advocates of the interests of our members. It will help DRI establish a consistent voice that is recognized in the legal and general community. Past President Marc Williams will serve as the inaugural chair of the Center. Look for developments in the weeks and months ahead. Along with the Center, we will continue to address important issues to the defense bar. Recall that our efforts include among others the following programming. The National Foundation for Judicial Excellence Founded in 2005, the National Foundation for Judicial Excellence (NFJE) provides free judicial education to state court appellate judges around the country. The goal of the NFJE is to present different aspects of legal issues that judges confront in their states fairly, clearly defining the defense perspective on each topic. Judges and justices from 46 states have attended in the past. (Please consider contributing to this worthy effort.) Lawyers for Civil Justice In cooperation with the leadership of our sister organizations, the IADC and FDCC, DRI has created and fostered Lawyers for Civil Justice (LCJ), a national think tank dedicated to protecting the rights of defendants in civil litigation. LCJ has taken on such topics as the criminalization of corporate counsel activity, and streamlining the rules of discovery such that our courts can be used to resolve civil disputes efficiently. It is our belief that litigants should use the court system because it is fair and efficient. If the rules of discovery exact such a financial burden on our clients that they are unwilling to utilize the court system, they will not utilize the services of our members. Amicus Committee In 2011 DRI was as active as any other organization or trade association in terms of the filing of amicus curiae briefs. We supported the defendant in Dukes v. Wal- Mart, a U.S. Supreme Court decision that protected the rights of our clients to defend themselves in individual litigation rather than be swept up in aggregate litigation On The Record, continued on page 7 For The Defense ■ February 2012 ■ 1
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