Trial Magazine

Meaningful access to justice lies at the heart of a fair and equitable legal system. It’s a principle we must safeguard tirelessly. As trial lawyers, we encounter various obstacles every day that aim to limit access to justice, but we keep pushing forward to protect our clients’ rights. And we are joined each step of the way by the American Association for Justice alongside state and local trial lawyer associations (TLAs) in the fight for civil justice.

Meaningful access to justice faces many challenges. One significant issue is the overwhelmed court system and prolonged delays in resolving cases. For instance, in cases involving life-altering injuries such as a child with a traumatic brain injury, the prolonged resolution time can be especially detrimental, denying critical care that child deserves during their formative years. This delay contradicts the very essence of access to justice, which should prioritize timely resolution.

Injured people may encounter other obstacles, too—such as the consequences of legislation that limits their meaningful access to justice, from damages caps to statutes of limitation. AAJ tracks over 1,000 bills each year that could affect our clients’ rights. It fights back against attempts to preempt state tort law remedies across practice areas—and introduces proactive legislation to protect and restore rights.

State and local TLAs also are critical to the fight for civil justice. These organizations champion legislative changes in their respective jurisdictions that protect access to justice. AAJ, through its State Affairs department, monitors legislative trends nationwide and assists TLAs with legislative analysis, background research, model policy, and other materials to support states’ lobbying efforts. This collaborative process allows for information sharing and stops bad legislation from spreading unchecked.

Forced arbitration clauses cast another dark shadow over access to justice, shielding negligent parties and funneling victims into a private, secretive, and often biased process. AAJ continues to lead a national campaign to end forced arbitration. In 2022, we played a pivotal role in the passage of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which was signed into law by President Biden. We achieved this significant victory through the collaboration of brilliant legislative and legal minds, strategic communication, and the collective voice of survivors and our members resonating in the halls of Congress.

And AAJ Legal Affairs follows proposed changes to the federal rules that could impede access to justice and the right to a jury trial. AAJ’s robust rules program ensures that AAJ members comment, testify, and engage in proposed rules changes, including a new proposed rule on Multidistrict Litigation and an amendment on privilege logs in formal rulemaking through Feb. 16, 2024. (Read more on p. 20.) The AAJ Amicus Curiae Committee oversees AAJ’s amicus curiae program, which continues to have a significant impact on civil justice issues such as personal jurisdiction, statutes of limitation, forced arbitration, federal preemption of state law, products liability, and more.

My dedication to AAJ is rooted in the mission to ensure that people always have meaningful access to justice.

My dedication to AAJ is rooted in the mission to ensure that people always have meaningful access to justice and comprehensive remedies for the harm they’ve endured. As bad actors try to strip people of their rights, our most potent weapon is to meet them at the courthouse doors with an army of advocates. By expanding our national and local organizations, our voices will resound even louder when our opponents attempt to silence victims. With our state allies by our side, AAJ will continue to fight for a better world. Thank you for everything you do for civil justice.

Sean C. Domnick is a founder and shareholder of Domnick Cunningham & Yaffa in Palm Beach Gardens, Fla., and can be reached at sean.domnick@justice.org.