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PRESENTATION OF AWARD TO CLIENTSELAINE AND JACK MAHLER at WSTLA Insurance Law Seminar By William S. Bailey Fury Bailey 710 – 10 th Avenue East Seattle , WA 98102 (206) 726-6600 One of my first vivid memories of the legal system was as a junior high school student in the early 1960's when the voter registration drives were occurring in the south, over the great resistance of the local white power structure. It planted firmly in my mind that the law has an enormous capacity to promote democratic ideals and social change, as well as to protect people. It was that impression that led me to our profession. Now, over 28 years since I first entered law school, I still believe that the potential for helping deserving people through good legal work remains alive and well. That is why I am proud to tell the world that I am a trial lawyer. More than any other part of the bar, we are the guardian of the rights of the average American. Our clients are not the rich and powerful. They are ordinary citizens who go to work everyday, meet all their obligations and care about their families. They only look for the chance to quietly enjoy their lives. We are charged with safeguarding their rights, their lives and their well being – in the workplace, in the home, on the highways and in the health care system. And we are a branch of the legal profession where lawyers genuinely and regularly help one another, standing united for the good of all the people we serve. Among our members, I have never seen or heard of anyone turning down another lawyer's request for help. But a lawyer can only act through his or her clients. We do not act for our own sake, but for the protection of the people we represent. The insurance industry has perpetuated a myth that injured people who bring claims are opportunists, having a fine time of it. This is anything but the truth. Many such clients have no realistic choice but to come forward and bring lawsuits. They are people in pain whose lives have been disrupted and often devastated. They are surrounded by fear, uncertainty and doubt. They come seeking legal help reluctantly, often as a last resort as other options dwindle. Elaine Mahler was such a person. When I first met Elaine and her husband Jack, she was suffering significant back pain that effected nearly all of her activities of daily living. She was caught in a squeeze between her health maintenance organization and her insurance company. She was denied necessary treatment by both and had to pay for it herself. Rather than being her friend as she thought, her own insurance company was her persecutor. While things eventually worked out for the better for Elaine through the legal process, both in terms of her health and all the financial uncertainties, it was a long and difficult process. After we were able to finally resolve the matter on reasonable terms, Elaine Mahler was looking forward to closing this unhappy chapter in her life. But, she didn't do this, because she saw that she could help to protect an important principle here: that companies should not be allowed to break promises to their customers, using their might to get their way. Both Elaine and Jack Mahler understood the importance of standing up and being counted when a big corporation decided to cheat its insureds. In fighting this battle, there was no money in it for the Mahlers. They were dedicated to protecting the rights of others, though it meant a considerable sacrifice of their own peace of mind and need for closure. And because of their courage and perseverance, the rights of tens of thousands of Washington citizens had been vindicated by the Washington State Supreme Court in the case that bears their name. On behalf of our clients and all the people who live in the state of Washington, thank you Elaine and Jack Mahler for caring enough to fight this battle. It has made a difference. Please come forward and accept this special client recognition award. [Crowd gave them a standing ovation.] |
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