For the third year running, Fortune 500 businesses say the most unfair legal climate in America is West Virginia's, according to an annual survey of corporate attorneys conducted by the U.S. Chamber of Commerce.
Out of 50 states, we're 50th.
The local trial lawyers counter that the Chamber has it wrong. Ours isn't the worst, they say, it's the best.
Compared with justice systems from states across this nation, the trial bar says we're on top. West Virginia may be the worst place to get sued, but the best place to sue.
Who to believe? Both of them, of course.
Business owners, investors and their lawyers feel our courts don't give them a fair shake. Trial lawyers think they do.
According to the executives surveyed, nearby places like Virginia (6th), Maryland (30th), Ohio (32nd), and Pennsylvania (32nd) are preferable to practice law. Those states are friendlier to business. West Virginia is friendlier to litigation.
Which friendliness you should prefer is a matter of where you sit. Does the future of West Virginia's job market and economy make you apprehensive? Or are you more worried about your ability to sue some business?
It comes as little surprise that those who make a living thrashing about civil courtrooms care most about suing. Lawsuits put food on their tables. In campaigning for judges and laws enabling more lawsuits, they're acting in their own interest.
But is that in the best interests of the rest of us?
When trial lawyers complain that political agitation by business interests will somehow obstruct justice for average folks, they're being disingenuous. They want the ability to sue at the drop of a hat and they want more businesses to come here, if only so they have more deep-pockets to sue.
The reality is that West Virginia lawsuits and lawyers aren't going anywhere. Our state justice system is run mostly by honorable men and women elected by the people of this state. And the courthouse doors will always be open to legitimate plaintiffs with legitimate claims, no matter who backs the judges serving on our bench.
That we need to be concerned about the future sustainability of West Virginia's job market explains why these surveys matter.
We know what the suers think. But what about the investors and job creators upon which the growth of this state so relies?
In these increasingly precarious economic times, West Virginians need to choose their work and financial priorities with their families' best interests in mind.
The facts and analysis of the survey should be part of that mental process.