Letters

Some sponsor names intentionally misleading

The November 1998 article entitled "What Does the Future Hold for IOLTA?" indicated the plaintiff was the Washington Legal Foundation, which bills itself as "an effective advocate of free enterprise," based in Washington, D.C. I would like to know more about this entity, its legal makeup, its membership, its source of funding, and its agenda. Often in the past I have noticed names or acronyms used by certain interest groups, which are totally and intentionally misleading. Thus, you may have a group proclaim itself as Friends and Protectors of the "X" River, while representing commercial interests seeking less environmental restrictions on the use of the river or adjacent area.

In this regard I am convinced there is a concerted effort in our country today to reduce many of the legal rights of our citizens. Often these legal rights have come to be recognized only after long and bitter struggles. The battle cry is one of less government, less regulations, and less lawsuits. Ostensibly this is to promote greater freedom like "in the good old days." But "the good old days" weren't that great, unless you consider 60-hour work weeks, children working in factories, reduced civil rights for women and minorities, caveat emptor, monopolies with restraint of trade and price fixing, few consumer protections, and so on, good things. The law in our country in the early days often did not protect those without wealth or power. The epitome of the rugged individualism, which some claim should be the polestar of this country's greatness, was found in the West in the second half of the 19th century where the fastest gun was often the only "law."

When the rights of consumers to expect reasonably made products are gone, when persons injured in accidents caused by the fault of others go uncompensated, when businesses can treat their employees as mere statistics on their balance sheets with little or no legal responsibilities to the worker, when utilities, food producers, and other large conglomerates can totally dictate prices without the interference of government restrictions, and when justice is a commodity that only the wealthy and large corporations can afford, we can at that time remove the bald eagle as our national symbol and replace it with the dollar sign. All it will take for this to happen is for all of us to do nothing, absolutely nothing.

David W. Leifker
Hazel Green

Fathers should have equal placement

This is in response to Dianne Post's letter in the November 1998 issue regarding her opinion of "dead beat dads." After practicing family law in central Wisconsin for more than 20 years, I have come to the realization that there is a gender gap against fathers in our court system. Mr. Novak's suggestion that both fathers and mothers try to attain a 50 percent placement is an opinion based on sound reason and common sense. If the parents live in close proximity to each other, there is no reason why an equal placement schedule can't be set up on a weekly basis.

Perhaps if Ms. Post lived in Wisconsin rather than in Moscow, Russia, she would come to the realization that there are good parents and bad parents regardless of gender, and fathers should be given equal placement consideration in the ultimate search for the best interests of the children.

Solomon's solution as Ms. Post sarcastically characterized it may have sounded extreme, but it obtained the result that was in the child's best interest. Isn't that ultimately what the court should be doing?

Paul Steven Screnock
Adams

Reveal author biases

I read with growing irritation Erick Pless's article on the Wisconsin Comparative Negligence Statute in your August 1998 issue. This is the latest of several articles that I have seen that are clearly slanted in favor of the insurance/defense perspective. My objection is not to the bias of the article but rather the failure on the part of both the author and the editors to make clear that the article represents merely one perspective and is clearly not a definitive and impartial discussion of the issue at hand.

If you are going to continue to publish such articles, I request that you please indicate that these represent a biased viewpoint and are not an attempt to explore all aspects of the issue in an unbiased manner.

Lee R. Atterbury
Madison

Editor's Note: The Wisconsin Lawyer provides a forum for expression of ideas, concerns, and opinions that affect the practice of law in Wisconsin. While we encourage authors to write from a balanced perspective, we also recognize that writers bring their biases to their work.

An author biography accompanies each article so readers can assess the author's background and bias. The biography that accompanied the Erick Pless article stated that he "practices civil litigation, primarily defending insurance companies and their insureds."

In the interest of encouraging divergent opinion, we invite articles or letters to the editor offering counter perspectives on topics covered in the magazine.

A toast to the jolly testator

Here is a famous old toast given before bar groups, probably in England. Still, its message is true today - lawyers do get good fees for clearing up the messes made when people try to make their own wills.

Philip S. Habermann
Madison

"Ye lawyers who live
upon litigants' fees,
And who need a good many
to live at your ease,
Grave or gay, wise or witty,
whate'er your degree,
Plain stuff or Queen's Counsel,
take counsel of me.
When a festive occasion
your spirit unbends,
You should never forget the Profession's best friends;
So we'll send round the wine
and bright bumper fill,
To the jolly testator
who makes his own will."

- Lord Neaves, Jolly Testator Who Makes His Own Will.

New Bar Center will be inaccessible

I am writing in response to State Bar President Susan Steingass's claim in the November 1998 issue that "the new Bar Center will be readily accessible to all (including the disabled) by public transportation."

The new Bar Center will be located on Eastpark Boulevard at the northeastern edge of Madison. My Madison Metro bus map shows only routes 6 and 7 go anywhere near this location. The nearest route 7 stop is about one mile driving distance from the new Bar Center site, and the nearest route 6 stop is even father away and is separated from the new Bar Center site by the I-90/94 expressway. The route 7 stop is separated from the new Bar Center site by Highway 151, which in that area also is a limited-access highway.

Even if a bus line were to be established going to the new Bar Center, it would take about 40 minutes by bus to reach the site from downtown - hardly realistic for busy, time-conscious lawyers. Compare that with a new Bar Center in downtown Madison, where it would be just steps from the Capitol, major law firms, and the U.S. and county courthouses.

Nevertheless, I am willing to take our president at her word that the new Bar Center will be "readily accessible" by public transportation. I therefore respectfully invite Ms. Steingass to ride the bus with me out to our "readily accessible" new Bar Center site. I'll pay her fare.

Timothy Kiefer
Madison

Early inquiries into possible bus service to our new building resulted in the mistaken belief that the service did, or would, exist. When we discovered that was not the case, we took immediate action.

We learned from Madison Metro that the closest bus line to our new building went to neighborhoods behind several of the businesses near our building, but across Highway 151. In addition, American Family has its own private shuttle service from East Towne Mall.

Neither of those alternatives is helpful to us right now. However, we continue working with Madison Metro and American Family about possible changes in the near future.

Madison Metro officials indicate that eventually, if the American Center business park is populated to the point that bus service would be warranted, it will expand its service into the area. There are some encouraging signs that that will happen.

American Family will soon move the rest of its employees from its old headquarters to its current building, doubling the workforce there.

In addition to the State Bar's move to the area, the Wisconsin Bankers Association also is building a new office. Furthermore, a new U.W. Clinic is under construction.

So as you can see, the area is growing dramatically, and we are hopeful, and quite frankly, optimistic that these changes, and future changes, will eventually result in bus service to our new headquarters.

Susan R. Steingass
Madison

Wisconsin Lawyer