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
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
Wisconsin
Lawyer
