Commentary: The eternal question

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For all of human existence, the greatest minds of the ages and cultures have wrestled with the question: What are we here for? Contemplating our place in the universe is the stuff of amateur and sophisticated philosophers alike. When lawyers answer that question, I am sure the responses would no doubt range from the comical, “To make everyone miserable!” to the righteous, “For the fair administration of justice!”

Today I do not plan to try to be John Stuart Mill or Immanuel Kant. There are countless people who could more eloquently and thoroughly examine our raison d’etre. Today, I want to talk about the State Bar of Wisconsin. Why is it here?

It is a question that a persistent number of practitioners in this state ask daily. They wonder what the State Bar does for them, and why they are assessed dues year after year to subsidize an organization that for them exists outside the daily rigors of their practice. Many members feel as though the Bar does not represent them or their interests in any way. Hence, the spirited mandatory versus voluntary bar debate. So what is the Bar here for?

Realizing the necessity of responding to these concerns, and in an effort to answer that question, the State Bar has launched a campaign to redefine itself and determine what its relationship is to its most important and technically its only constituency, its members.

At the Board of Governors meeting this September, the professional staff made a formal presentation to the board regarding the progress it is making in re-branding the State Bar.

Many practitioners are familiar with the current Bar logo and specifically the slogan, “Wisconsin Lawyers. Expert Advisors. Serving You.” This has been the slogan for some time and has been warmly received, elegantly defining the role attorneys play in Wisconsin. The State Bar has no interest in eliminating this slogan as it relates to the public.

The problem, though, is that while attorneys who are members of the State Bar may indeed be “Expert Advisors” who serve the public, this particular slogan does not really define what the State Bar does for us, its members.

The purpose of a successful organization that collects dues from its members is to serve its members. The State Bar is not in the practical sense an “expert advisor” that serves me. I don’t mean to be greedy, but the Bar should be an organization that provides services to me to help me make my practice more successful.

With its proposed new approach, the State Bar has got the right idea. The fact is, though, that lawyers are naturally skeptical of marketing terms like “branding” and other such accouterments, and for good reason. We have a history of being a noble profession that does not want to cheapen its image with advertising and show business. Marketing concepts are not an established aspect of our profession. They are a phenomenon of the recent past. But despite this past, we should not hold it against our service provider for trying to define its own mission.

The State Bar is a professionally-run business organization that serves lawyers. It is similar to many other service organizations that have to compete for members. It must be relevant to its members and it must at a minimum convey that relevance through its most visible means, its slogan.

While a slogan is certainly no magic pill to cure all ills that may organizationally and institutionally exist at the State Bar, it is a good step forward in changing the culture to make the Bar a more members-oriented organization.

The Bar has so much that it already offers its members, from continuing legal education, to publications prepared by the leading attorneys in their field, to assistance to lawyers in need. Even with this, many attorneys do not feel that the Bar serves them at all. While this may be an unfair assessment in part, the Bar certainly can and must do more.

After the formal presentation by the staff, the board not surprisingly expressed a mix of agitation, skepticism and approval regarding the rather expensive re-branding campaign. To be safe, the entirety of the campaign has been sent to the board’s Public Image Committee for review, which was a wise move. While we must trust members of our professional staff to do what they think is right and resist the urge to micromanage, we are ultimately the ones who will be represented by this brand and should have some say in its approval process.

If we as members want a more accountable Bar and a Bar that is more responsive to us, its members, the Bar needs the opportunity to show us it means business. A re-branding campaign is a good start.

Maybe with a different message at the top of the letterhead, the question I posed at the top of this column will have an easier answer.

Theodore J. “TJ” Perlick-Molinari is an associate with the Birdsall Law Offices S.C. in Milwaukee, where he has committed himself to the defense of people charged with serious criminal and drunk driving offenses. He represents Dist. 2 on the Board of Governors of the State Bar of Wisconsin. He can be reached at [email protected].