Bench & Bar of Minnesota

Reflections in the Rearview Mirror
By David Stowman

During the last four years as an MSBA officer, I have crisscrossed the state, logging over 38,000 miles. Assuming an average speed of 60 miles per hour, I’ve had approximately 630 hours of “windshield time” for reflection. Here are a few images of the profession, its members, and its issues that come up in the rearview mirror as I look back on that journey among you.

The General Practitioner. Each day in the life of an attorney in general practice is challenging. She rises early, throws a load in the washer, and feeds the family. Her husband drives the kids to daycare as she rushes to a breakfast meeting with a new client. Yesterday’s real estate closing was smooth, but today the purchaser is on the phone: “Is it legal for the seller to remove the window shades?” At noon, the Rotary board meets, but pleadings for a motion are due, so it is eat and run. Between breaks in an oral argument, the clerk hands her a note: “One of the children is sick,” so it’s off to the rescue. At the office, messages are piling up. Mr. Jones was obligated by court order to end visitation by 4:00 and immediately return the children to the apartment of his former spouse, but he is already an hour late. He is getting into a habit of tardiness, “Can’t something be done?” Tomorrow she volunteers at Legal Aid, but tonight she must draft documents, so she tucks her kids in early, calls her regrets about missing choir practice, and heads for the office. In an attempt to both console and motivate herself, she notes that next week is the first of the month and the mortgage payment is due. Daily she reminds herself of the idealism that moved her into this profession, and in everything, one client at a time, she strives to end the day leaving her little corner of the world just a little better. She is a mother, community leader, diplomat and officer of the court. It requires a keen intellect, organizational skills and patience, but when asked about her lifestyle, she responds that there is nothing she would rather do and no place that she would rather be.

Outrage and the Judiciary: Businesses sell commodities. Similarly, there is an industry that discovers, “commodifies,” and disseminates fresh moral outrage for mass consumption. It doesn’t really matter what the outrage is, provided that 1) it reinforces peoples’ sense that America is in crisis, and 2) it fosters political and financial support for the advocacy group stoking the process.

One branch of the industry creates and disseminates urban tort myths designed to undermine true tort victims. But the phenomenon is broader than this, involving multiple forces that seek to achieve by sowing outrage what they cannot win by respectful argument. Currently, such an assault is being mounted on the judiciary.

Most Americans viewed the suffering and death of Terri Schiavo as a family tragedy. As a father, I can understand why parents will cling to hope even after 15 years. I have also been on the other side, dealing with a family death and having to make difficult end-of-life decisions. Thankfully, I have never had politicians attempt to interfere or impose their views in personal matters. But in the Schiavo case, the outrage industry jumped at the opportunity to package the family’s tragedy as a commodity to be marketed and sold for political and fund-raising purposes.

The outrage industry is not persuaded by logic, nor does it seek reasonable solutions, as controversy is good for business. During the McCarthy era, “communists in government” was the outrage du jour; in recent times, it was the encroachments of the evil empire; and today, the bogeyman is the third branch of government.

The MSBA is not in the business of defending judicial decisions, but we must defend the judicial system. In doing so, it is important to understand the issues. The problem is not what fills the headlines, it is the outrage industry that perpetuates the frenzy.

Teamwork: Assuming responsibility within the association is an uplifting experience. Committees, sections, and other groups work tirelessly to improve the profession: upgrading delivery of legal services to the disadvantaged, finding insurance and other products for member benefits, publishing manuals and standards, contributing to practicelaw.org, conducting practice area seminars, and the list goes on.

Periodically, we pause for celebration or ceremony. During the year, Justice G. Barry Anderson joined the Minnesota Supreme Court, former Justice John Simonett celebrated his 80^th birthday, we welcomed newly admitted lawyers, and in mid-June at Madden’s on Gull Lake we will gather to acknowledge member contributions.

Through the MSBA we accomplish what a single person cannot, but it is through the efforts of individuals that we reach our goals. It all comes back to us. Individuals working in unison form and shape our profession. In the end, great social forces are all the mere accumulation of individual actions. Let those who follow say of the msba that we set forth mighty currents of hope and that we worked together to improve the legal profession. I am grateful to my successor, Sue Holden, for her support in pursuit of these objectives and I urge that you support her as president in the year ahead.

Farewell. Tall buildings are in the rearview mirror as I travel north toward Detroit Lakes at the end of my term. After completing a long run, one is physically tired, yet uplifted by an endorphin-induced euphoria. That’s where I am now. The associations I’ve had with you, some of the state’s most talented and exceptional people, is exhilarating. You have enriched my life, and for that, I will be forever grateful. When rewards are measured in those terms, I leave a voluntary position with a sense of having been overcompensated. Thank you. c

DAVID STOWMAN of Detroit Lakes is president of the MSBA, a certified civil trial specialist, and a top 100 SuperLawyer. He concentrates his practice in products liability and personal injury law and related litigation.