Wisconsin Lawyer
Vol. 79, No. 6, June
2006
Sincerely ...
Ours is an honorable profession. We help people at crucial moments in
their lives; we support our communities; and we serve our colleagues.
With respectful, candid discussion and fair treatment, lawyers working
together can find workable solutions to even contentious issues.
by D. Michael Guerin
"They may forget what you said, but they will never
forget how you made them feel."
- Carl W. Buechner
One now former friend of mine recently informed me that if
he opened up his copy of the Wisconsin Lawyer and saw my face
one more time, he was going to cancel his subscription. To that
individual and others, I can tell you this is my last opportunity to
address you as president of the State Bar of Wisconsin. (I am pleased to
report that, as a president, I have concluded the year without being
indicted and without being impeached. Unindicted and unimpeached - it
does have a nice ring to it!)
I can tell you, unequivocally, that I have enjoyed my opportunity to
serve in this capacity for the last year. It has been educational,
entertaining, and personally rewarding. I have had the opportunity to
meet with lawyers throughout the entire state. I also have had the
opportunity to attend numerous conferences with bar leaders from other
states who have contributed some intriguing ideas for programs to your
bar association.
Challenges for the Future
While there have been some rather contentious issues during this
year, ultimately people of good will working together can find a
solution that is at least workable. One of our most challenging projects
that I am proud to have been able to participate in is the Access to
Justice Study. This is an ongoing and in depth review of the gap in
legal services for indigent persons throughout Wisconsin. We all know
that a large percentage of people cannot afford legal services. Some
people who have genuine needs are not able to access the resources they
require to make intelligent and worthwhile decisions for themselves and
their families. The Access to Justice Committee is viewed as providing
legal services to poor people and as encouraging lawyers to step up to
the plate to meet these needs.
Another challenge for the bar is the unauthorized practice of law. It
would seem best for the protection of consumers and, frankly, for the
economic future of lawyers, to define the practice of law and to prevent
people who are not properly educated in the law or subject to canons of
ethics from performing services where they can harm consumers. As I
said, there is a huge gap between the need for legal services and the
number of lawyers who are willing to fill those needs. Someone is going
to fill that gap. To the extent that we lawyers do not step up to fill
it, we cannot be heard to complain later when people who purport to be
brokers or paralegals or notarios or some other convenient designation
step in to perform what we believe are legal services.
I personally find it both ironic and troubling that the Wisconsin
Legislature is unwilling to spend any effort to see how the state can
designate funds to assist in providing legal services, while at the same
time the Legislature seems consumed with amending the Wisconsin
Constitution to discriminate against people strictly on the basis of
their sexual orientation and to establish the death penalty.
Interestingly, the United States is one of the last remaining
"civilized" countries in the world with a death penalty. I suspect that
some people feel that those issues are far more important than making
sure we address the ability of our citizens to have attorneys during the
crucial times in their lives, or to make sure that the court system is
fully equipped to give some semblance of hope to people who look to the
court system for their concept of justice. Obviously, I am not one of
those people.
I am also greatly troubled by racial issues in cities across
Wisconsin. Recent events in Milwaukee, for instance, confirm that race
is still the elephant in the living room - everyone knows it's there,
but no one wants to talk about it. As lawyers, we should be in the
forefront on this issue.
Always Remember
I have so often said that lawyers affect lives. In our practices, we
are the problem solvers and the professional advisors. We provide the
shoulders that are leaned on and the hands that are held when people
face serious issues. Even if we don't get a thank you from our clients,
we can be proud of the effect we've had on people's lives and
futures.
We also affect our communities. So many of us are members of the
local Rotary and the local bank board, or work at the local soup kitchen
or for the local Habitat for Humanity or at the local youth centers.
Even more of us use our legal talents in pro bono services to charitable
organizations and to individuals in need who cannot afford our full
hourly rates. Many in our profession work for nonprofit organizations,
providing excellent legal services for a small amount of wages. It
impresses me how very much so many in our profession are giving back in
their own way.
Many others of us serve justice as prosecutors, as public defenders,
and as other government lawyers. Oftentimes, the services provided by
government lawyers are undervalued by the agencies that fund their
offices. We all should recognize and appreciate the fine work being done
by these individuals.
To my fellow leaders of the State Bar of Wisconsin, do not forget
that you, too, affect lives. It is up to you to provide leadership for
the organization. But also understand that you affect the young lawyers
of our profession. The decision to attend law school does not
necessarily translate into the decision to practice law. It is incumbent
on us, as leaders of the profession, to reach out to our new members and
to understand their needs as associates, solo practitioners, government
lawyers, public interest lawyers, and new members of our professional
community.
It is also incumbent on us, as leaders of the State Bar, to reach out
to our fellow attorneys who are suffering from stress, drug or alcohol
addiction, or other personal issues that are affecting their practices
and their families. I am very proud of the work of the Wisconsin Lawyers
Assistance Program (WisLAP) and charge my fellow State Bar leaders to
ensure that this vital program has all the tools necessary to carry out
its mission.
Some Parting Thoughts
As I have told all of you since I first decided to seek the position
of State Bar president, I am proud to be a lawyer. I am very troubled
when I hear lawyers tell me that they would never recommend that their
children choose the profession. I respectfully but wholeheartedly
disagree. I continue to recommend to college students, and to my own
family, that the law is a profession that is very honorable. To me,
lawyers still represent the solution - not the problem.
Finally, regular readers of this column know that I have begun most
of my columns with a quote that, I hope, provided some insight into the
topic for that column. The particular quote that begins this column also
began my very first letter seeking the office of State Bar president. I
thought it only fitting to use it here as, in one way or another, its
message has found its way into many of my 11 columns. I truly believe
that people will remember how you treat them much more than they will
remember what you told them. With that in mind, I realize that you won't
remember what I've said during the past year - frankly, I doubt I will
remember much of what I've said - but I hope that you will remember that
I truly tried to treat everyone with fairness, candor, and respect.
I sincerely thank you for the opportunity to have served as your
president. The best.
Wisconsin Lawyer