Letters

Minnesota's dram shop law clarified

The article on dram shop liability in the August Wisconsin Lawyer correctly pointed out that Minnesota's dram shop law is broader than Wisconsin's. However, readers of the article might come away with the incorrect impression that Minnesota has imposed unrestricted liability upon liquor licensees for losses arising from liquor-related accidents.

Minnesota's dram shop law only imposes liability when an illegal sale results in harm to an innocent third party. See Minn. Stat. § 340A.801. An illegal sale would include not only a sale to a minor or to an obviously intoxicated person, but also a sale on prohibited days, during prohibited hours, or to nonmembers or guests of a club. Englund v. MN CA Partners/MN Joint Ventures, 555 N.W.2d 328, 330-31 (Minn. App. 1996), aff'd 565 N.W.2d 433 (Minn. 1997). While the basis for liability in Minnesota is broader than in Wisconsin, it is not "unrestricted" as suggested on page 18 of the article.

Aaron R. Bransky
Duluth, Minn.

Restoring honor to the profession

Every law-related journal, bulletin, and magazine that arrives contains a hand-wringing admonishment, describing the official acts that must be undertaken to restore honor to the profession. I am just as tired of these articles as I am of lawyer jokes. Our clients do not read these essays. They pay no attention at all to public service announcements extolling the virtues of attorneys. We are known by our actions, not by our words. How do your clients see you? Shall we restore honor to the profession? Absolutely. But hear me on this: no public relations campaign, no legislative action, no association pronouncement will restore honor to the profession. How then shall we do it? By behaving honorably. It is that simple.

Why do attorneys have such a bad reputation? In my experience, for two reasons. First, clients feel that they have been overcharged for poor service. Many times they are right. How many of you would sit idly by and absorb some of your own bills without question? Too many of us are more concerned with the bottom line than we are with providing a good service for the client. Certainly as attorneys we are entitled to charge for our time and knowledge; those with special expertise should and do charge a premium. The important thing is to be clear with the client about how much they are being charged and why. Padding a bill is wrong. It is a lie and a sham. It is far from honorable.

The second reason that people think poorly of attorneys is due to the tort system. The tort system exists as a means of behavior modification. Damage awards are supposed to be big enough to prevent other people from doing the same thing in the future. That is fine. But we all know of cases that are over the top, cases filed for harassment or nuisance or which the client hopes will get them rich quickly. The deep pocket is out there. An insurance company will pay some amount to get rid of the case and the client is rewarded for his or her own poor behavior. Then the headline appears and the public is outraged by a judgment it perceives to be unjust. But first the attorney filed the case, allowing the system to be compromised so that the client comes out ahead. Rather than discouraging negligent behavior by respondents, abuse of the tort system encourages bad behavior by plaintiffs. And that is not honorable.

Let us be clear here. I do not mean to infer that the tort system is bad or should be "reformed." It is the legal profession that should be reformed, starting with how we choose our cases. If you take on a ridiculous matter, expect to be ridiculed. If your position is outrageous, expect to be met with outrage. Our profession has brought this upon itself and it is only by modifying our behavior that our honor will be restored.

The most important part of legal ethics is the ethics. An examination of the codes and canons will lead us to one basic premise: be honest with your client and with the tribunal. How sad it is that we need seminars, discussions, and tomes in order to be ethical in our business. Where do we start to restore honor to the profession? Act ethically. When we are perceived as honorable people, then the law will once more be an honorable profession.

Joan R. Beck
Hartford

Wisconsin Lawyer