Survey: Missouri legal climate improving

The 2006 Institute for Legal Reform/Harris State Liability Systems Ranking Study, released March 27, shows Missouri improved five spots on the list, from No. 40 to No. 35.

According to Michael Grote, vice president of governmental affairs for the Missouri Chamber of Commerce and Industry, the major reason for the improvement is the tort reform bill passed by the General Assembly in 2005.

“The study is a survey of attorneys who practice in Missouri and in other states, asking how they perceive the legal climate,” Grote said. “The piece of legislation that was passed will be so beneficial to the economic viability of the state that without having even tried a case under the new law, (the surveyed lawyers) recognize it will be beneficial.”

While the 35th-place ranking may still seem low, Grote said an improvement of five spots in a single year is significant.

Not everyone, however, is so impressed by the recent changes to the state’s legal climate.

“If Missouri passed a law saying there’d be no lawsuits for any personal injuries, we’d move to the top of the list,” said Tom Stewart, president-elect of the Missouri Association of Trial Attorneys. “It’s ludicrous to start having states sacrifice their citizens’ rights to justice in some kind of weird hope that some corporate counsel decides to do business in Missouri. Is that really the goal that Missouri should be shooting for?”

The Institute for Legal Reform, which conducted the study, is part of the U.S. Chamber of Commerce, and the study was a survey of more than 1,400 corporate attorneys nationwide.

“I don’t think it’s too surprising that if you went and surveyed corporate counsel, whose job is to defend corporate America against lawsuits by people who have been injured by corporations, they’re going to pick the states where people’s access to justice is the most limited,” Stewart said. “It’s hardly a surprising survey.”

If nothing else, the survey shows that it’s nearly impossible to get the entire legal community to agree on any one issue, because of the wide variety of viewpoints the profession represents.

“Not every lawyer is against tort reform, for example, but the ones who are – and that’s a good number of them – are very strongly against it,” said Crista Hogan, executive director of the Springfield Metropolitan Bar Association.

Bottom third

Despite the improvements in legal climate for businesses, the survey still ranks Missouri in the bottom third of the list – a sign, according to Grote, that there is still more to work on.

One aspect he said needs improvement: the recent compromise struck in the state legislature on the issue of joint liability.

“We need to move to a complete elimination of joint liability. If you’re an individual, you’re responsible for the harm you cause,” Grote said. “I can’t understand why that’s a concept that’s not more readily supported. Everywhere else we acknowledge that if you do something, you need to be responsible for your actions. The only reason for a piece of legal theory like that is so plaintiffs’ attorneys can go after the deep pockets and make more money off of a claim.”

He also cited class-action lawsuit reform as a needed change in the near future, adding that a bill currently in the state House of Representatives deals specifically with eligibility to file lawsuits for illness related to asbestos exposure.

At press time, House Bill 2029 was in committee and no hearing date had been set.

State rankings

Top five

1. Delaware

2. Nebraska

3. Virginia

4. Iowa

5. Connecticut

Bottom five

46. Hawaii

47. Alabama

48. Mississippi

49. Louisiana

50. West Virginia

Local states

15. Kansas

33. Oklahoma

35. Missouri

41. Arkansas

45. Illinois