PRESIDENT'S MESSAGE

By MICHAEL CONNELLY Connelly • Baker • Wotring • Jackson LLP

Tort Reform

In the last President’s Message, I emphasized why every lawyer should be a member of the Houston Bar Association. The point was that, as lawyers, we have a common calling, education, and commitment, and the HBA is an effective means for serving the profession and the community. But, even with that common calling, there can be divergent opinions among our members on certain legal issues. A case in point is the difference of opinion which exists concerning certain “tort reform” legislation, and, in particular, Proposition 12, which was on the ballot September 13th as a proposed constitutional amendment.
In the last legislative session substantial attention was given to “tort reform.” There was debate among lawyers, legislators, and other affected persons and groups. Legislation was passed, its constitutionality was questioned, and a constitutional amendment election was scheduled. It was clear that members of the Houston Bar Association had divergent views about “tort reform” and Proposition 12.
The Houston Bar Association has an obligation to serve the interests of all its members, and the community at large. That includes those who favor “tort reform” and those who oppose it. Therefore, the HBA Board did not take a position in the debate on the substantive terms of “tort reform” legislation because to do so would be divisive for the entire organization.
However, the HBA Board, under the leadership of President Tom Godbold, did not lose sight of its mission to help educate the profession and the public about issues which relate to the administration of justice. The legislative process was considering provisions which would, arguably, either be violative of the existing Texas Constitution or may require amendment of the Constitution. On March 25, 2003, the HBA Board passed a resolution and sent it to all legislators which stated that “the Houston Bar Association through a majority vote of its Board of Directors opposes any legislation that violates or, directly or indirectly, seeks to limit the constitutional rights of all citizens to:

“The right to trial by jury guaranteed by the 7th Amendment to the Constitution of the United States and Art. I, Sec. 15, of the Constitution of the State of Texas; The right of access to the courts guaranteed by Article I, Section 13 of the Constitution of the State of Texas; and The right to freely contract guaranteed by Art. I, Section 10, of the Constitution of the United States.

Since the “tort reform” legislation was passed, and an election to consider a constitutional amendment was scheduled, the Houston Bar Association continued to believe it had a responsibility to the profession and the public. This issue of The Houston Lawyer will probably be distributed after the constitutional amendment election, so I certainly do not expect to influence anyone’s vote with this article. However, I do intend to explain how the Houston Bar Association – when faced with an issue in which the membership clearly had divergent views and which potentially could be divisive for our organization – undertook to satisfy its obligations to the profession and to the public.
In addition to the resolution described above, the HBA dedicated its efforts to education of the profession and the public. The HBA Web site displayed a letter from State Bar President-Elect, Kelly Frels, encouraging everyone to learn about the issues and vote. It also contained links to the Secretary of State Web site where the constitutional amendments were analyzed and to the State Bar Web site where position papers of proponents and opponents of Proposition 12 were displayed. We contacted all large law firms, all government law departments, and all corporate law departments which have substantial members in the HBA, calling on them to encourage their employees to become educated on the issues and vote in the election.
Lastly, the HBA arranged for public debate on these issues. Through the efforts of the HBA, Channel 2’s “Newsmakers” program presented proponents and opponents in a lively discussion of the issues, and Access Houston (Channel 17) aired a debate on the same issues. So, even though the Houston Bar Association elected not to take a position on “tort reform” legislation or Proposition 12 because of the potential divisiveness of the issue within the HBA membership, it did promote professional and public education by facilitating forums for proponents and opponents to articulate their positions. Lawyers should not consider the HBA ineffective because it seeks to preserve the interests of all its members and avoid divisive issues. The Houston Bar Association can, and does, effectively serve its members and the public by helping to educate the public and the profession on issues affecting the administration of justice.

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