Wisconsin
Lawyer
Vol. 83, No. 1, January
2010
President's Message
Auld Lang Syne
The effort to make the bar voluntary
began a long time ago with a small group of senior lawyers who treated
this then-new lawyer not as a “kid” but as an equal and a
colleague. The effort continues today.
by Douglas W.
Kammer
Back in 1977, when I was 27 years old, I threw in my lot with five
senior lawyers in an attempt to make the bar voluntary. I have been
remiss in not extending my heartfelt thanks to them, though I realize it
is posthumous.
The first meeting I remember was at Treyton Lathrop’s
office. He had a huge wooden desk and paneled walls, and his office
looked like something out of a British movie. Jim Herrick was there. I
knew Jim a little bit because I had watched him try a four-day jury
trial the year before. John Armstrong was part of the group, too, as was
Dave August – they were government lawyers, as I recall. The real
spark plug was John Jenswold – the John Jenswold, who
struck fear into the heart of many a plaintiff’s lawyer. (I sat
in the corner and kept my mouth shut for fear of appearing foolish and
ignorant. My fear was realistic.)
We came up with a scheme of surveying the members on the subject.
The perception was that a democratic effort would demonstrate to the
Wisconsin Supreme Court that the majority of lawyers did not want to be
compelled to join the State Bar, or any other organization for that
matter. We perceived that the court would value the wishes of the
lawyers over the wish of the Bar. (We ultimately got a referendum done,
but it took a lot of doing. We had to sue the State Bar for the mailing
list. If you want details, you can read of our efforts at 86 Wis. 2d 746
and 93 Wis. 2d 385.)
From the perspective of a State Bar president and as a senior
lawyer looking back deep into history, I realize what a tremendous debt
I owe these gentlemen. They took me into the group and never looked down
on me as a “kid.” At one point we had to pony up some huge
sum of money – $1,200 if memory serves me – to buy the
mailing list of members and to pay postage. My share was on the order
of $200, and I didn’t have the money. I had to borrow it from John
Jenswold. He let me pay him back in installments as I could. I
don’t think he ever told the others that I was so broke.
As I write this, I just finished three days of hearings with the
Strategic Planning Committee and know that the struggle may at last have
a successful ending. It’s not done, to be sure, but victory is at
least a palpable possibility.
In any event, today I am thinking about John Armstrong, John
Jenswold, Treyton Lathrop, and Dave August and their including me in
their little group. We were later joined by Art DeBardeleben of Park
Falls, at that time a U.W. regent (or perhaps even head of the U.W.
Regents). They all treated me as an equal and as a colleague, and for
that I will be forever grateful. Perhaps they are somewhere now looking
down on our present struggle to become a voluntary association and
hopefully rooting for a successful end to what they so selflessly and
courageously began.
Wisconsin Lawyer