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| Preserving
What We Value At some
point every bar leader is faced with a decision, when some problem,
challenge or issue arises for their bar association:
should I lead the bar in this area or not?
And decisions made in those instances can have meaningful effect
on the association and on the legal profession, for better or worse,
for years to come. Fortunately, most decisions a bar president makes do not
have the potential for impact years beyond their term.
But it is the challenge of every bar leader to identify those
instances where critical values are at issue and to make the decision
to lead. And it is equally incumbent on all lawyers to
get involved in your bar association so you can have an impact on
the future of the bar and your profession. Legislative Advocacy Our legislative activity fulfills one of the express missions
of the MSBA, to “apply the knowledge and
experience of the profession to the public good,” and members consistently
rank this as a high priority. MSBA
monitors and influences legislation affecting lawyers and is a credible
voice in support of equal rights and justice for everyone.
In previous legislative sessions, MSBA has lobbied against
sales taxes on legal services, certain statutory restrictions on attorneys
fees, and unfair limitations on access to the courts.
We have supported adequate funding for legal services for the
indigent as well as for the courts and our public defense system.
Volunteers in our committees and sections have reviewed and
made recommendations for action on a variety of uniform laws and issues
surrounding judicial election or selection.
Annually, practitioners in our sections develop recommendations
for substantive changes to statutes in the area of their technical
expertise. In doing this, we help improve the laws that
lawyers work with everyday and fulfill an important dimension of our
mission. Current Challenges But there are other threats to our profession, whose impact
will be as significant on our future, that warrant a response by lawyers
and the bar. The confidential
attorney-client relationship is at the very heart of the role of lawyers,
and attacks against that relationship and against the independence
of the profession are increasing. The examples of these attacks are numerous. Consider the attorney liability provisions of
the bankruptcy reform laws enacted last year.
These require debtors’ attorneys to certify the accuracy of
information their clients provide in schedules of assets and liabilities
and require attorneys to certify the debtors’ ability to make payments,
all under penalty of harsh sanctions against the attorney personally. Or consider the federal Sentencing Guidelines
that authorize and encourage the government to require companies,
associations, and other entities under criminal investigation to waive
their attorney-client privilege and work-product protections to qualify
for leniency. Contemplate legislation proposed in Congress
that could make it a crime for attorneys to provide services to people
who are in this country illegally.
Or contemplate the possibility that unauthorized interception
of phone conversations between attorneys and their detained clients
becomes the accepted norm in fighting against terrorism. Strength in Members The ABA, the MSBA, and other bar associations have responded
over the years to these and other attacks on foundational principles
of the legal profession. This
has been an increasingly critical role for bar associations in recent
years, both within their own states and nationally.
I have gone to Washington, D.C. several times over the years
to participate in ABA Days on Capitol Hill, talking to members of
Minnesota’s congressional delegation about issues important to the
legal profession. President-elect Patrick Kelly and I will be
doing that again this year in early May. Bar associations are nothing more than organized efforts
of their members. The MSBA
is only as effective as its members.
We need your input and your energy to maximize our effectiveness,
and your diverse backgrounds, skills and knowledge to improve our
profession. So, if you are
tired of the tenor of discussion about lawyers or judges in your community,
if you want to prevent further erosion of fundamental values, rights
and principles in our laws, if you want to know that your voice is
heard and make a positive difference in the profession, get active
in the MSBA. There is a role
for each one of us in preserving the values of the profession. If you have comments about this article or insights on
its topic, I would like to hear from you at smholden@statebar.gen.mn.us SUSAN M. HOLDEN is president of the Minnesota State Bar Association. A partner and member of the board of directors
of the Minneapolis personal injury firm of Sieben,
Grose, Von Holtum
& Carey, Ltd., she is certified as a civil trial specialist by
the MSBA. |
