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.
Wisconsin Lawyer