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Letters
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Letters
to the Editor:
The Wisconsin Lawyer publishes as many letters in each issue
as space permits. Please limit letters to 500 words; letters
may be edited for length and clarity. Letters should address
the issues, and not be a personal attack on others. Letters
endorsing political candidates cannot be accepted.
Please mail letters to "Letters to the Editor," Wisconsin Lawyer, P.O. Box
7158, Madison, WI 53707-7158, fax them to (608) 257-4343, or
email them to wislawyer@wisbar.org.
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Minnesota's dram shop
law clarified
![Bartender holding a Martini]() The
article on dram shop liability in the August Wisconsin Lawyer correctly
pointed out that Minnesota's dram shop law is broader than Wisconsin's.
However, readers of the article might come away with the incorrect impression
that Minnesota has imposed unrestricted liability upon liquor licensees
for losses arising from liquor-related accidents.
Minnesota's dram shop law only imposes liability when an illegal sale
results in harm to an innocent third party. See Minn. Stat. § 340A.801.
An illegal sale would include not only a sale to a minor or to an obviously
intoxicated person, but also a sale on prohibited days, during prohibited
hours, or to nonmembers or guests of a club. Englund v. MN CA Partners/MN
Joint Ventures, 555 N.W.2d 328, 330-31 (Minn. App. 1996), aff'd
565 N.W.2d 433 (Minn. 1997). While the basis for liability in Minnesota
is broader than in Wisconsin, it is not "unrestricted" as suggested
on page 18 of the article.
Aaron R. Bransky
Duluth, Minn.
Restoring honor to the
profession
Every law-related journal, bulletin,
and magazine that arrives contains a hand-wringing admonishment, describing
the official acts that must be undertaken to restore honor to the profession.
I am just as tired of these articles as I am of lawyer jokes. Our clients
do not read these essays. They pay no attention at all to public service
announcements extolling the virtues of attorneys. We are known by our
actions, not by our words. How do your clients see you? Shall we restore
honor to the profession? Absolutely. But hear me on this: no public
relations campaign, no legislative action, no association pronouncement
will restore honor to the profession. How then shall we do it? By behaving
honorably. It is that simple. Why do attorneys have such a bad reputation?
In my experience, for two reasons. First, clients feel that they have
been overcharged for poor service. Many times they are right. How many
of you would sit idly by and absorb some of your own bills without question?
Too many of us are more concerned with the bottom line than we are with
providing a good service for the client. Certainly as attorneys we are
entitled to charge for our time and knowledge; those with special expertise
should and do charge a premium. The important thing is to be clear with
the client about how much they are being charged and why. Padding a
bill is wrong. It is a lie and a sham. It is far from honorable. The
second reason that people think poorly of attorneys is due to the tort
system. The tort system exists as a means of behavior modification.
Damage awards are supposed to be big enough to prevent other people
from doing the same thing in the future. That is fine. But we all know
of cases that are over the top, cases filed for harassment or nuisance
or which the client hopes will get them rich quickly. The deep pocket
is out there. An insurance company will pay some amount to get rid of
the case and the client is rewarded for his or her own poor behavior.
Then the headline appears and the public is outraged by a judgment it
perceives to be unjust. But first the attorney filed the case, allowing
the system to be compromised so that the client comes out ahead. Rather
than discouraging negligent behavior by respondents, abuse of the tort
system encourages bad behavior by plaintiffs. And that is not honorable.
Let us be clear here. I do not mean to infer that the tort system is
bad or should be "reformed." It is the legal profession that should
be reformed, starting with how we choose our cases. If you take on a
ridiculous matter, expect to be ridiculed. If your position is outrageous,
expect to be met with outrage. Our profession has brought this upon
itself and it is only by modifying our behavior that our honor will
be restored. The most important part of legal ethics is the ethics.
An examination of the codes and canons will lead us to one basic premise:
be honest with your client and with the tribunal. How sad it is that
we need seminars, discussions, and tomes in order to be ethical in our
business. Where do we start to restore honor to the profession? Act
ethically. When we are perceived as honorable people, then the law will
once more be an honorable profession.
Joan R. Beck
Hartford
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