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Vol. 71, No. 3, March
1998
President's Perspective
Recognizing the fundamental nature
of our professional responsibility
By Steven R. Sorenson
Recently, two newspaper articles grabbed my attention. The first related
to efforts by the State Elections Board to question the ability of organizations
such as the Wisconsin Manufacturers and Commerce Association to engage in
informational advertising. The second related to a campaign
by the U.S. Chamber of Commerce to limit a consumer's ability to commence
legal action against businesses. Both actions, which ultimately seek governmental
intervention, seem to fly in the face of the State Bar of Wisconsin's
mission statement as adopted at the last Board of Governors meeting.
Our mission statement in part suggests that our goal is to educate our
members in the development of law; to improve the law and its practice;
to aid in the effective administration of and access to justice; to advance
the interests of a profession dedicated to integrity, honesty and compassion;
to instill in the public an understanding and appreciation of its legal
rights and responsibilities; and to enable Wisconsin lawyers to protect
the rights and advance the interests of their clients and of the public
in order to further secure to Wisconsin citizens, liberty and equal justice
under law.
The words "protect the rights of the public to secure liberty and
equal justice" seem to require the State Bar to take a strong position
in support of both the rights of businesses to freely advocate their social
position for informational advertising, and the rights of individuals and
state governments to sue industries for what many believe is reprehensible
behavior. Some may suggest that this position creates a great dichotomy;
for in one sense, we support the efforts of big business and its attempts
to manipulate and influence political elections without the same restraints
that we put on candidates and their supporters. Yet, we also seem to support
the unbridled attack on big business for doing what it does best: meeting
the needs and desires of the consuming public.
The fact that we, as lawyers and members of the State Bar, can align
ourselves under our mission statement in support of both positions is to
recognize the fundamental nature of our professional responsibility. We
are commanded to "secure to the people of Wisconsin, liberty and equal
justice under the law." This means that no matter how poor or wealthy,
how politically well connected or socially dysfunctional the person or entity,
we as a legal community need to support and supply these people and entities
with the tools and skills at our control. We need to preserve their fundamental
constitutional and statutory rights, regardless of our political leanings
and the economic consequences to ourselves and other members of our firms.
Over the last several months I have met with both Republican and Democrat
legislators. I have tried to point out to them that the State Bar is not
a political tool but a valuable resource legislators can use in carrying
out their responsibilities as elected officials. The role of the State Bar
is not to march in lock step behind the Wisconsin Trial Lawyers Association
or the ACLU, nor are we to blindly champion the causes of the American Society
of Civil Trial Counsel, the State Chamber of Commerce, or the Wisconsin
Manufacturers and Commerce Association. Rather, we are to objectively, within
the terms of our mission statement, evaluate the respective positions and
assist all organizations and legislators in securing liberty for the people
of Wisconsin and equal justice under law. This mission has no political
party allegiance.
Likewise, as an association, we must recognize that there are those among
us who, in protecting the rights and advancing the interests of our clients,
will advocate positions that others will deem contrary to their own clients'
rights and best interests. This is what the legal system is all about. We
need to remember this as attorneys. If we do not, we become our own worst
enemies. If we try to use the State Bar as a shield to protect fundamental
rights and equal justice, we accomplish our mission. However, if we try
to use the State Bar as a sword to lash out and cut through the rights and
positions of others who likewise are advocating what they consider the best
interests of their clients, then we are not upholding the principles of
our mission statement.
As lawyers, we also must seek to improve the legal system and aid in
the administration of and access to justice. This means we cannot put our
self interests ahead of the public's. It means we need to consider
the damage that can be done to businesses and to society when we zealously
advocate certain positions. We do not operate or live in a vacuum, but in
a society with economic and sociological restraints. The realities of community,
the intricacies of our economic system, the effectiveness of our government,
the efficiencies of our courts, all demand perspective by lawyers. We must
appreciate legal rights and responsibilities and economic and societal realities.
In the attack being planned by the U.S. Chamber of Commerce against the
Trial Lawyers Association, its chief criticism will be the legal fees charged
in the ongoing tobacco cases. They will cite the example of the Florida
settlement where $233 million dollars was shared by 12 state-hired lawyers.
They will go on to point out that a judge invalidated that contract on the
theory that the fees were excessive. Although the attorneys in that case
are appealing the decision, it certainly will be a strong argument for the
U.S. Chamber of Commerce when it approaches Capitol Hill. We are a profession
that is dedicated to integrity, honesty and compassion. That would seem
to require us to ensure that any fee system we employ is reasonable and
supportive on more than a contractual basis. We cannot advocate justice,
integrity, and honesty, and then do the very thing that we criticize the
commercial business world for - that is, relying upon unconscionable
contracts.
Interestingly, the American Trial Lawyers Association, by its president,
has concluded that billion-dollar attorney fees are "excessive and
unreasonable," and advocates the right of judges to set reasonable
fees. But, the same group denounces legislation that would attempt to have
Congress arbitrarily and capriciously set attorney fees.
Our association needs to be ever vigilant. We need to protect the rights
of our clients and provide a forum to fairly address the grievances of the
public against business. Likewise, we need to preserve freedoms that have
allowed our business community to prosper and provided us with a society
that is unparalleled in human history.
This balancing act is fundamental to the State Bar's mission statement.
I commend that vision statement to you. I ask that all Wisconsin lawyers,
before they criticize the advocacy of any other organization, ask themselves
if their criticism is based upon a political ideology or a fundamental preservation
of liberty and equal justice under law for Wisconsin citizens.
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