January 2000 

 A New Age

by Wood R. Foster Jr.

I was more than a little surprised when informed that I should prepare a President’s Page for the January Bench & Bar, an issue which is devoted entirely to creating a directory of members. Hard-headed realist that I am, I am confronted with the almost certain knowledge that the only people who will read this page are me, my secretary, and the editor of Bench & Bar. Indeed, if you are reading this column, you are undoubtedly either a dedicated bar junkie (so that whatever I write will be nothing new to you) or a lawyer whose telephone just isn’t ringing often enough.

Somehow, I had always thought that my first column of the new millennium would reflect deep, insightful, and forward thinking. But being called upon to think deep, insightful and forward thoughts every month can get a little old. Fresh ideas, like plants, cannot always be forced.

It might be appropriate, then, for me simply to turn back to the very reasons I wanted to be president of the MSBA in the first place: As the millennial clock swings into the year 2000, I felt it would be useful to lead Minnesota lawyers in a discussion of where we’ve been, where we are, and where we are headed. Apparently I suffer from some sort of a Jacob Marley syndrome.

Last year, several hundred MSBA members and others invested thousand of hours in preparing a history of the first 150 years of law practice in Minnesota. The result was a surprisingly complete time capsule, For the Record, one that rests heavily on oral history as opposed to statistical history. If you are inclined at all to nostalgia, this would be an excellent time to pick up your copy of For the Record and browse for a while. You will find that the book can be accessed at almost any point, and by no means needs to be read from beginning to end.

For the Record, taken as a whole, provides a colorful and comprehensive picture of how the profession in Minnesota grew to the enviable and outstanding profession of 1999-2000. It provides a good vantage point from which to understand why Minnesota lawyers have been at the forefront of so many national legal movements.

At the same time, preparation of the history demonstrated graphically the very rapid changes that began to emerge around 1965-70, including exponential growth, loss of community, fragmentation of practice types, polarization among plaintiff and defense bars, economic competition at a level not previously known, and rapidly escalating time demands.

What emerges is a picture of a profession that has remained strong, that has paid careful attention to the core values of the legal profession, and that has provided national leadership in the public service component. But the harbingers of the future are clearly visible in the economic changes of the recent past.

Lawyers face economic challenges and pressures unknown just a generation ago. Technological changes and the accompanying globalization of business have wrought great changes in the economy, changes that lawyers ignore at their peril.

Indeed, it is probably not an exaggeration to suggest that the legal profession is always playing "catch up" in terms of the economy. Just as we get a handle on the technology, the technology changes. Just as we get a handle on the economy, the economy shifts. Mergers, divestitures, and spin-offs have become as common today in law firms as they were 15 years ago in business firms.

As the new century arrives, lawyers are uncertain of the future of the profession. Seemingly from nowhere, a vast dialogue on the topic of multidisciplinary practice has captured the attention and focus of all lawyers who care about the profession itself. A national debate has begun that will rage for years as lawyers struggle to remain independent and yet want to be responsive to the rapid changes in the economy that make multidisciplinary practice attractive to powerful constituencies among us.

At the same time, many lawyers are retiring early, shifting to new careers, or looking forward to retirement because they have lost a sense of joy, pride and accomplishment in the profession. Though we joke about the jokes, few among us really enjoy "lawyer jokes" told at our expense. How many of us do not wince inwardly when a gratuitous "shot" at lawyers is taken on a television sitcom? Do these jokes really take no toll on our collective self-esteem?

Predictions are hard, but in my next column, I will attempt to generate a list of "fearless prognostications" about the future of the profession in Minnesota.

In the meantime, we can be certain that lawyers will continue to attempt to adjust to the new economy. Law firm business subsidiaries will become more common. Multidisciplinary practice, whether or not sanctioned by Rule 5.4, will increasingly become a reality. "E-law" is just around the corner, and none of us really knows what it looks like.

And that, of course, is what makes the future exciting.

If you actually read this far, please send me a short letter or an e-mail (woodfoster@sbgdf.com) and let me know. I promise you a personal response, and my undying gratitude that my efforts have not gone completely unnoticed. Happy New Year! Happy New Millenium!

Wood R. Foster Jr. is president of the Minnesota State Bar Association. A partner in the firm of Siegel, Brill, Greupner, Duffy & Foster, PA, he concentrates his practice in commercial litigation and class action. He is a graduate of Amherst College (1965) and of the University of Michigan Law School (1968).