Vol. 77, No. 1, January 2004

Testing Our Values

by George Burnett

There is an ongoing debate over the future of this profession.

There are two sides. One says that the legal profession, like every other segment of society in the 21st century, must be efficient, competitive, and responsive to changing market forces. Adherents to this view say that legislative or judicial decrees about this profession cannot stem the tide of economic change when there is a public demand and a strong profit motive behind it. As proof, they point to encroachments by accountants, financial planners, bankers, human resource specialists, land planners, engineers, realtors, title insurers, and various business consultants into areas that once were traditionally the practice of law.

The other side says that we are not a profession unless we are guided by selfless values. Adherents to this view remind us that we swore an oath to be guided by truth and honor and that this profession exists for one purpose only - to serve justice. They say that a profession that speaks of values but acts without them will quickly lose public respect. One former State Bar president recently wondered in a public address whether the measure of success in this profession - once a well crafted legal document or an ably tried case - has been replaced by the number of billable hours.

We do not know empirically which of these the public expects of us, for there are no ready polls or comprehensive studies to answer this question.

It was interesting, however, that several months ago the American Film Institute named its greatest movie heroes of all time. The list included many expected names: George Bailey from "It's a Wonderful Life," Rocky Balboa from the "Rocky" films; James Bond was third, and Indiana Jones was second. But the greatest hero was not an adventurer or a daredevil, neither suave nor urbane, not wealthy or powerful. The greatest hero was a lawyer, Atticus Finch, from the classic movie and novel "To Kill a Mockingbird." Most of us know the story, set in 1935 Macon, Georgia, about a black man falsely accused of raping a white woman. Atticus Finch was appointed to represent him. The story is told through the eyes of Finch's 8-year-old daughter, Jean Louise.

Great literature is based in truth. What is it about a quiet and genteel small-town lawyer that still merits such recognition? This lawyer was respectful to all with whom he dealt and courageous in representing an unpopular man in an unpopular cause, and he spoke with wisdom even though much of local opinion opposed what he said.

How would such a lawyer be met today? Does this poignant excerpt from the novel still reflect how the public regards our profession?

* * *

"A jury never looks at a defendant it has convicted, and when this jury came in, not one of them looked at Tom Robinson. The foreman handed a piece of paper to Mr. Tate who handed it to the clerk who handed it to the judge. ...

"I shut my eyes. Judge Taylor was polling the jury: 'Guilty ... guilty ... guilty ...' I peeked at Jem: his hands were white from gripping the balcony rail, and his shoulders jerked as if each 'guilty' was a separate stab between them.

"Judge Taylor was saying something. His gavel was in his fist, but he wasn't using it. Dimly, I saw Atticus pushing papers from the table into his briefcase. He snapped it shut, went to the court reporter and said something, nodded to Mr. Gilmer, and then went to Tom Robinson and whispered something to him. Atticus put his hand on Tom's shoulder as he whispered. Atticus took his coat off the back of his chair and pulled it over his shoulder. Then he left the courtroom, but not by his usual exit. He must have wanted to go home the short way, because he walked quickly down the middle aisle toward the south exit. I followed the top of his head as he made his way to the door. He did not look up.

"Someone was punching me, but I was reluctant to take my eyes from the people below us, and from the image of Atticus' lonely walk down the aisle.

"'Miss Jean Louise?'

"I looked around. They were standing. All around us and in the balcony on the opposite wall, the Negroes were getting to their feet. Reverend Sykes's voice was as distant as Judge Taylor's:

"'Miss Jean Louise, stand up. Your father's passin'.'"

* * *

There are few lawyers who will ever experience such a public test of conscience. But there are equally few who will experience a career in which their values are never seriously tested. When that time comes, are we to be guided by practicalities of economics or by other values?

This debate occurred recently with a much smaller focus over a proposal to allow multidisciplinary practice in this state. While that issue seems settled, the larger debate is far from over. There are no immediate answers or ready solutions, but this debate will decide the future of this profession. The issue cannot be settled by statute or supreme court edict. It is ultimately a question that can be solved only in the hearts and minds of the members of this profession.

Wisconsin Lawyer