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