The right to a civil jury trial, embedded in the Seventh Amendment, had a strong advocate in young Abraham Lincoln. Like many ATLA members today, he was a small-firm lawyer who represented ordinary people and developed his speaking skills before juries.

Lincoln biographer Benjamin Thomas wrote,

On the crucial point he was relentless, trying to put it clearly before the jury, bringing the argument around to it again and again until the dullest mind on the jury understood it. For lucidity of statement and ability to clarify by means of homely analogies, he had no equal. He was almost unbeatable when simple life and justice were involved.

When Lincoln litigated, he was sometimes attacked in the press. In one case, biographer Carl Sandberg reported, Lincoln responded, "Is this the man that is to raise a breeze in his favor by abusing lawyers?" Today, Lincoln would do the same: He would condemn those who wish to undermine justice by attacking the legal profession.

Core values

This trial lawyer became one of the greatest presidents in American history and inspired a political party that champions his values today. Most Republicans cherish such principles as personal responsibility, states’ rights, and the freedom of contract.

Personal responsibility means that everyone is responsible for his or her actions; immunity and privilege should be stripped away. A states’-rights philosophy dictates that the federal government must not interfere with each state’s civil justice system. And those who adhere to Lincoln’s values know that freedom of contract should apply to everyone, not just to corporations. Those adherents do not support laws that place individuals in a weaker position than corporations to obtain legal counsel.

Confidence in the jury system is also a core Republican value. The jury-imposed death penalty reflects a strong populist belief in the ability of 12 ordinary citizens to make a correct decision. Republicans favor less bureaucracy and believe in legal accountability in the marketplace, where individuals can exercise their legal rights.

Yet another Republican president, Theodore Roosevelt, pressed Congress to pass the Meat Inspection and Pure Food & Drug Act to protect consumers. He also ushered into law the Federal Employers’ Liability Act and the Workers’ Compensation Act, which protect federal employees. These achievements are part of a long tradition within the Republican party of safeguarding individual rights.

Classic Republican principles are consistent with the goals ATLA pursues in protecting consumer rights.

Many ATLA members throughout the country have conservative values. After all, the jury itself is a conservative institution. It ensures justice without bias, prejudice, or political influence. John Adams, who later became the second president of the United States, recognized this truth at the founding of our country when he was asked to defend the British soldiers involved in the Boston Massacre. Despite physical threats to himself and his family, he accepted the case.

He wrote, "If, by supporting the rights of mankind, and by invincible truth, I shall contribute to save from the agonies of death one unfortunate victim of tyranny, or of ignorance, equally fatal, his blessings and years of transport will be sufficient consolation to me for the contempt of all mankind." Adams believed so strongly in the jury system that he was willing to put his life at risk for it.

The right to a jury trial continues to be a bedrock American value today. It needs protection and support from all who follow in the tradition of Lincoln, Roosevelt, and Adams. Republican trial lawyers throughout the United States need to reach out and communicate their commitment to the civil justice system, particularly to Republican legislators. We must not let unscrupulous corporations and insurance companies take away people’s rights.

Reaching out

To facilitate this communication, ATLA has organized a national Republican Trial Lawyers Caucus, which has chairs in all 50 states and the District of Columbia. Elizabeth Humphrey, who heads the association’s Republican legislative efforts, has been working for years on the role of Republican lawmakers in protecting civil justice. As I have traveled around the country, I have met many Republican trial lawyers who are eager to become more active. The Republican Trial Lawyers Caucus provides an organized structure for doing so.

If you are a Republican trial lawyer, I urge you to take an active role in the caucus. Simply e-mail Elizabeth Humphrey at elizabeth.humphrey@atlahq.org or call her at (202) 965-3510, ext. 358, and ask how you can help get the message out.

You can rest assured that if Abraham Lincoln were practicing law today, he would be a member of both ATLA and the Republican Trial Lawyers Caucus. After all, he would know it was the right thing to do.

David S. Casey Jr.