Wisconsin Lawyer
Vol. 79, No. 9, September 2006

Changing the Bar

by Steve Levine

The night after being sworn in as State Bar president, I had a dream. (This was not unusual, because many of my ideas about the legal/judicial system have been greeted with the response, "You've got to be dreaming!".) During the dream, Bar membership instantaneously became voluntary, nonresident Bar members received fair representation on the Board of Governors, the discriminatory diploma privilege ended, the environment at the Board of Bar Examiners changed, and the Wisconsin Supreme Court issued a decision holding, "Inherent authority does not mean unlimited authority." (Now there's a dream.) Harmony and understanding prevailed throughout the world, and there was dancing in the streets. Then, I awoke to reality. Nothing had changed.

My election was just the beginning - the first step in a journey that could take years or decades. In the past, Wisconsin lawyers who were dissatisfied with or disinterested in State Bar or supreme court actions merely gritted their teeth and paid their dues and assessments, hoping that this financial offering would keep the gods satisfied and at bay. But that kind of "hope for the best and please leave me alone" thinking is no longer realistic, as lawyers' lives and our legal system become ever more complex and regulated. Unless lawyers who are dissatisfied with "business as usual" are willing to get involved, organize, and work for change, the powers that be will continue to regulate your professional lives in ways you may not agree with. If there is a roadmap to change over the next decade, I think it consists of three parts.

Internal participation. Get involved in the Bar. Run for the Board of Governors, serve on State Bar committees, join State Bar sections and divisions. Ask to be appointed to supreme court boards and committees. The best way to change the Bar and the supreme court is from the inside. If a majority of the Board of Governors supports a voluntary Bar, there can and will be a voluntary Bar. So, run for elections and take positions on issues. Wisconsin lawyers want candidates who tell them where they stand - or sit. Start early (the next election is in April 2007), network, and get organized. And don't be afraid to take radical positions. What is radical today can become orthodox tomorrow. A large portion of the Bar is looking for change and for candidates who support change. Finally, don't be afraid to risk and lose. I've been there and done that, and I know it hurts to lose. But it can also be the stepping stone to the next victory. Bill Proxmire lost three consecutive elections for governor, then became Wisconsin's longest-serving U.S. Senator. Hold on tight to your dreams.

External pressure. Unfortunately, few, if any, great political and social changes in history have occurred on the basis of their merit or persuasiveness alone. The civil rights, labor union, and women's suffrage movements all required many years of marches, boycotts, arrests, and blood, sweat, and tears before achieving success. Sunday afternoon debates after church just didn't get the job done. For a variety of reasons, lawyers often are reluctant to challenge authority or the status quo. From the beginning of law school we are taught to obey and respect judicial decisions - an essential part of law and an ordered society. But when judges act in a legislative capacity, or the Bar does something with which you disagree, using direct pressure is entirely appropriate. Discussion, debate, reasoning, negotiation, and compromise should definitely come first. But direct pressure should never be excluded as part of the process.

The political system. If you are a Wisconsin lawyer who feels passionately about the fact that the supreme court has taken away your choice whether to join a professional association (which is what the Bar is, albeit an excellent one) or how much to contribute to the pro bono organization of your choice, or whatever your reason for dissatisfaction, there is always the political system. Get involved in supreme court politics. Run for the court, and if you really want to make things interesting, 10 of you or even 100 can run. Form a political action committee. Raise money. Network with other groups that may be seeking change for their own reasons. Be organized, be ready, and be well-financed, or you will be ineffective. Make it plain that if the court affects your life in a significant way, you will react in a significant way. This is not being disrespectful; it's participating in our democratic process.

Change is a gradual process made up of many drip, drip, drips. But eventually ... Niagara Falls. Start now. Keep dripping.

Please feel free to comment directly to me at steven.levine@charter.net.

Wisconsin Lawyer