Vol. 77, No. 1, January
2004
Testing Our Values
Few lawyers will experience a career in which their values are never
seriously tested. When that time comes, are we to be guided by
practicalities of economics or by other values?
by George Burnett
There is an ongoing debate over the future of this profession.
There are two sides. One says that the legal profession, like every
other segment of society in the 21st century, must be efficient,
competitive, and responsive to changing market forces. Adherents to this
view say that legislative or judicial decrees about this profession
cannot stem the tide of economic change when there is a public demand
and a strong profit motive behind it. As proof, they point to
encroachments by accountants, financial planners, bankers, human
resource specialists, land planners, engineers, realtors, title
insurers, and various business consultants into areas that once were
traditionally the practice of law.
The other side says that we are not a profession unless we are guided
by selfless values. Adherents to this view remind us that we swore an
oath to be guided by truth and honor and that this profession exists for
one purpose only - to serve justice. They say that a profession that
speaks of values but acts without them will quickly lose public respect.
One former State Bar president recently wondered in a public address
whether the measure of success in this profession - once a well crafted
legal document or an ably tried case - has been replaced by the number
of billable hours.
We do not know empirically which of these the public expects of us,
for there are no ready polls or comprehensive studies to answer this
question.
It was interesting, however, that several months ago the American
Film Institute named its greatest movie heroes of all time. The list
included many expected names: George Bailey from "It's a Wonderful
Life," Rocky Balboa from the "Rocky" films; James Bond was third, and
Indiana Jones was second. But the greatest hero was not an adventurer or
a daredevil, neither suave nor urbane, not wealthy or powerful. The
greatest hero was a lawyer, Atticus Finch, from the classic movie and
novel "To Kill a Mockingbird." Most of us know the story, set in 1935
Macon, Georgia, about a black man falsely accused of raping a white
woman. Atticus Finch was appointed to represent him. The story is told
through the eyes of Finch's 8-year-old daughter, Jean Louise.
Great literature is based in truth. What is it about a quiet and
genteel small-town lawyer that still merits such recognition? This
lawyer was respectful to all with whom he dealt and courageous in
representing an unpopular man in an unpopular cause, and he spoke with
wisdom even though much of local opinion opposed what he said.
How would such a lawyer be met today? Does this poignant excerpt from
the novel still reflect how the public regards our profession?
* * *
"A jury never looks at a defendant it has convicted, and when this
jury came in, not one of them looked at Tom Robinson. The foreman handed
a piece of paper to Mr. Tate who handed it to the clerk who handed it to
the judge. ...
"I shut my eyes. Judge Taylor was polling the jury: 'Guilty ...
guilty ... guilty ...' I peeked at Jem: his hands were white from
gripping the balcony rail, and his shoulders jerked as if each 'guilty'
was a separate stab between them.
"Judge Taylor was saying something. His gavel was in his fist, but he
wasn't using it. Dimly, I saw Atticus pushing papers from the table into
his briefcase. He snapped it shut, went to the court reporter and said
something, nodded to Mr. Gilmer, and then went to Tom Robinson and
whispered something to him. Atticus put his hand on Tom's shoulder as he
whispered. Atticus took his coat off the back of his chair and pulled it
over his shoulder. Then he left the courtroom, but not by his usual
exit. He must have wanted to go home the short way, because he walked
quickly down the middle aisle toward the south exit. I followed the top
of his head as he made his way to the door. He did not look up.
"Someone was punching me, but I was reluctant to take my eyes from
the people below us, and from the image of Atticus' lonely walk down the
aisle.
"'Miss Jean Louise?'
"I looked around. They were standing. All around us and in the
balcony on the opposite wall, the Negroes were getting to their feet.
Reverend Sykes's voice was as distant as Judge Taylor's:
"'Miss Jean Louise, stand up. Your father's passin'.'"
* * *
There are few lawyers who will ever experience such a public test of
conscience. But there are equally few who will experience a career in
which their values are never seriously tested. When that time comes, are
we to be guided by practicalities of economics or by other values?
This debate occurred recently with a much smaller focus over a
proposal to allow multidisciplinary practice in this state. While that
issue seems settled, the larger debate is far from over. There are no
immediate answers or ready solutions, but this debate will decide the
future of this profession. The issue cannot be settled by statute or
supreme court edict. It is ultimately a question that can be solved only
in the hearts and minds of the members of this profession.
Wisconsin Lawyer
