Vol. 72, No. 2, February 1999
Letters
Some sponsor names intentionally misleading
The November 1998 article entitled "What Does the Future Hold
for IOLTA?" indicated the plaintiff was the Washington
Legal Foundation, which bills itself as "an effective advocate
of free enterprise," based in Washington, D.C. I would like
to know more about this entity, its legal makeup, its membership,
its source of funding, and its agenda. Often in the past I have
noticed names or acronyms used by certain interest groups, which
are totally and intentionally misleading. Thus, you may have
a group proclaim itself as Friends and Protectors of the "X"
River, while representing commercial interests seeking less environmental
restrictions on the use of the river or adjacent area.
In this regard I am convinced there is a concerted effort
in our country today to reduce many of the legal rights of our
citizens. Often these legal rights have come to be recognized
only after long and bitter struggles. The battle cry is one of
less government, less regulations, and less lawsuits. Ostensibly
this is to promote greater freedom like "in the good old
days." But "the good old days" weren't that
great, unless you consider 60-hour work weeks, children working
in factories, reduced civil rights for women and minorities,
caveat emptor, monopolies with restraint of trade and price fixing,
few consumer protections, and so on, good things. The law in
our country in the early days often did not protect those without
wealth or power. The epitome of the rugged individualism, which
some claim should be the polestar of this country's greatness,
was found in the West in the second half of the 19th century
where the fastest gun was often the only "law."
When the rights of consumers to expect reasonably made products
are gone, when persons injured in accidents caused by the fault
of others go uncompensated, when businesses can treat their employees
as mere statistics on their balance sheets with little or no
legal responsibilities to the worker, when utilities, food producers,
and other large conglomerates can totally dictate prices without
the interference of government restrictions, and when justice
is a commodity that only the wealthy and large corporations can
afford, we can at that time remove the bald eagle as our national
symbol and replace it with the dollar sign. All it will take
for this to happen is for all of us to do nothing, absolutely
nothing.
David W. Leifker
Hazel Green
Fathers should have equal placement
This is in response to Dianne Post's
letter in the November
1998 issue regarding her opinion of "dead beat dads."
After practicing family law in central Wisconsin for more than
20 years, I have come to the realization that there is a gender
gap against fathers in our court system. Mr. Novak's suggestion
that both fathers and mothers try to attain a 50 percent placement
is an opinion based on sound reason and common sense. If the
parents live in close proximity to each other, there is no reason
why an equal placement schedule can't be set up on a weekly
basis.
Perhaps if Ms. Post lived in Wisconsin rather than in Moscow,
Russia, she would come to the realization that there are good
parents and bad parents regardless of gender, and fathers should
be given equal placement consideration in the ultimate search
for the best interests of the children.
Solomon's solution as Ms. Post sarcastically characterized
it may have sounded extreme, but it obtained the result that
was in the child's best interest. Isn't that ultimately
what the court should be doing?
Paul Steven Screnock
Adams
Reveal author biases
I read with growing irritation Erick
Pless's article on the Wisconsin
Comparative Negligence Statute in your August 1998 issue.
This is the latest of several articles that I have seen that
are clearly slanted in favor of the insurance/defense perspective.
My objection is not to the bias of the article but rather the
failure on the part of both the author and the editors to make
clear that the article represents merely one perspective and
is clearly not a definitive and impartial discussion of the issue
at hand.
If you are going to continue to publish such articles, I request
that you please indicate that these represent a biased viewpoint
and are not an attempt to explore all aspects of the issue in
an unbiased manner.
Lee R. Atterbury
Madison
Editor's Note: The Wisconsin Lawyer provides
a forum for expression of ideas, concerns, and opinions that
affect the practice of law in Wisconsin. While we encourage authors
to write from a balanced perspective, we also recognize that
writers bring their biases to their work.
An author biography accompanies each article so readers
can assess the author's background and bias. The biography
that accompanied the Erick Pless article stated that he "practices
civil litigation, primarily defending insurance companies and
their insureds."
In the interest of encouraging divergent opinion, we invite
articles or letters to the editor offering counter perspectives
on topics covered in the magazine.
A toast to the jolly testator
Here is a famous old toast given before bar groups, probably
in England. Still, its message is true today - lawyers do
get good fees for clearing up the messes made when people try
to make their own wills.
Philip S. Habermann
Madison
- "Ye lawyers who live
upon litigants' fees,
And who need a good many
to live at your ease,
Grave or gay, wise or witty,
whate'er your degree,
Plain stuff or Queen's Counsel,
take counsel of me.
When a festive occasion
your spirit unbends,
You should never forget the Profession's best friends;
So we'll send round the wine
and bright bumper fill,
To the jolly testator
who makes his own will."
- Lord Neaves, Jolly Testator Who Makes His Own Will.
New Bar Center will be inaccessible
I am writing in response to State Bar President Susan Steingass's
claim in the November 1998 issue that "the new Bar Center
will be readily accessible to all (including the disabled) by
public transportation."
The new Bar Center will be located on Eastpark Boulevard at
the northeastern edge of Madison. My Madison Metro bus map shows
only routes 6 and 7 go anywhere near this location. The nearest
route 7 stop is about one mile driving distance from the new
Bar Center site, and the nearest route 6 stop is even father
away and is separated from the new Bar Center site by the I-90/94
expressway. The route 7 stop is separated from the new Bar Center
site by Highway 151, which in that area also is a limited-access
highway.
Even if a bus line were to be established going to the new
Bar Center, it would take about 40 minutes by bus to reach the
site from downtown - hardly realistic for busy, time-conscious
lawyers. Compare that with a new Bar Center in downtown Madison,
where it would be just steps from the Capitol, major law firms,
and the U.S. and county courthouses.
Nevertheless, I am willing to take our president at her word
that the new Bar Center will be "readily accessible"
by public transportation. I therefore respectfully invite Ms.
Steingass to ride the bus with me out to our "readily accessible"
new Bar Center site. I'll pay her fare.
Timothy Kiefer
Madison
Early inquiries into possible bus service to our new building
resulted in the mistaken belief that the service did, or would,
exist. When we discovered that was not the case, we took immediate
action.
We learned from Madison Metro that the closest bus line
to our new building went to neighborhoods behind several of the
businesses near our building, but across Highway 151. In addition,
American Family has its own private shuttle service from East
Towne Mall.
Neither of those alternatives is helpful to us right now.
However, we continue working with Madison Metro and American
Family about possible changes in the near future.
Madison Metro officials indicate that eventually, if the
American Center business park is populated to the point that
bus service would be warranted, it will expand its service into
the area. There are some encouraging signs that that will happen.
American Family will soon move the rest of its employees
from its old headquarters to its current building, doubling the
workforce there.
In addition to the State Bar's move to the area, the
Wisconsin Bankers Association also is building a new office.
Furthermore, a new U.W. Clinic is under construction.
So as you can see, the area is growing dramatically, and
we are hopeful, and quite frankly, optimistic that these changes,
and future changes, will eventually result in bus service to
our new headquarters.
Susan R. Steingass
Madison
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