Don’t blame all lawyers!
Recently, the new President of the Georgia Bar Association wrote in a column to Bar membership this conclusion: “Lawyers are never going to be popular with the general public, but we are generally held in high esteem by our clients.” For a nation built on the rule of law (which necessarily depends on lawyers), this is a disappointing commentary on where Georgia lawyers stand.
A large part of the problem for lawyers has been self-inflicted. Notwithstanding mounting evidence of the problems arising from frivolous lawsuits, excessive verdicts, and systemic failures in Georgia’s criminal justice system, the Georgia Bar Association (the governing organization for Georgia lawyers) has insisted that there is not and has never been a problem. Even as little league coaches became more fearful of litigation and playground equipment virtually disappeared from schools, the Georgia Bar’s leadership went into attack mode against anyone (especially legislators) who suggested that there might be a problem.
The currently mandatory bar association elected to declare war instead of working towards solutions that all Georgians want and expect to preserve Constitutional protections of justice for all. It was “my way or the highway” and the highway led to the marginalization of the Bar in the operation of government, the public’s opinion, and even among most lawyers.
What a lot of people don’t know is that, unlike the American Bar Association (where lawyers who disagree can cancel their membership), the Georgia Bar Association is not a voluntary organization. Georgia lawyers have no choice. Every attorney practicing in Georgia must be a dues paying member. Yet, as reflected by attendance at the 2007 Georgia Bar Convention, only a very, very small percentage of the 38,000 lawyers in Georgia are involved in the decisions of the Bar Association. The fact is that the vast majority of members have been so disenfranchised that they simply decline to participate, attend, or sign up.
Why?
Probably the best illustrations come from the comments of the outgoing and incoming Bar presidents (reported in the August issue of the Georgia Bar Journal). As to working with the General Assembly and the Governor, the tone was clear. After setting its highest legislative priority, the new Bar President said: “This is just one issue the State Bar is working, however. And I am sure there will be others, as always, that will require us to ‘play defense’.” “As always?” There was a time when the Bar was part of the process. Lawyers worked with legislators and governors – not against. They did not always agree, but they did work together.
Discussions, much less legislation, aimed at addressing litigation ills is tantamount to “lawyer treason” according to Georgia’s new Bar President. Here are his comments: “When the American People repeatedly hear sound bites in the media about frivolous lawsuits . . . runaway juries – and, yes judicial activism – with little or no response, then that is an attack on justice. . . .”
There is another explanation - one that is shared by most Georgians – frivolous lawsuits and runaway juries are a problem. Rather than work toward solutions that protect justice for all, the Bar has decided to use Bar resources to achieve political ends.
So, the outgoing Bar President (and former head of the plaintiff/personal injury trial lawyer association) hired “expert help” in the form of a “rare breed of consultant” as part of the Bar’s new public education effort, which includes “a major broadcast advertising component planned for this year.” Notably, he learned through this process important things like “facts don’t matter.” The new Bar President made clear the program will continue with “a significant statewide campaign of television commercials.” And their purpose – boldly stated by the former President, “we used these messages to advance our perspective under the Gold Dome.”
So how does the Georgia Bar Association pay for all of these consultants, lobbyists, advertisements, “television commercials” and “campaigns” – mandatory dues from lawyers, even those who may not agree with the Bar’s political battle plan. Interestingly, buried in the back of the Journal was a notice of a Bar proposal to INCREASE the cap on mandatory bar dues from $250 to $350 per lawyer.
Here is a different idea – listen to the voices and concerns of Georgians and work with the Governor, the Legislature and local community and business leaders to solve Georgia’s problems. Listening works much better than high priced consultants and expensive advertising budgets. Be part of the solution, not part of the problem – that’s what most Georgians and most Georgia lawyers want.