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Michigan Bar Journal September 2019
10 President’s Page

Our Collective Long-Term Investment

Jennifer M. Grieco

A recent survey of young law­ controlled by competing interests? Do we while the bar presidents in the room ex­
pressed concern that accounting firms were
practice law solely to add to our firm’s bot­
yers in Florida revealed that
tom line and our bank accounts? Or, rather,
30 percent would not attend
waiting in the wings to capitalize on a loos­
law school if given the oppor­ as officers of the court and public citizens, ening of regulations by seizing market share
tunity to do it over, while another 32 per­ do we exist to provide legal services to the from lawyers, the American Accounting As­
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cent were undecided. Many respondents public and ensure access to justice because sociation was literally gathering outside,
noted that their dissatisfaction stemmed without access to our court system, the rule ready to begin its own annual meeting.
from lacking a sense of accomplishment and of law is harmed? The concerns are well­founded. As knowl­
pride in becoming a lawyer, in part because edgeable and well­intended as they may be,
of the long hours required and daily stress. 2 Literally at the door accountants are not lawyers. There’s the ob­
Dissatisfaction in the profession is not a vious difference in training. But importantly,
new issue, nor is it limited to young law­ The opening plenary of the annual meet­ they do not swear to support the constitu­
yers. In March 1995, then president of the ing of the National Conference of Bar Pres­ tions of the United States and Michigan and
State Bar of Michigan Jon Muth wrote that idents in August highlighted the push to to maintain the respect due to courts of jus­
“[m]any lawyers search their souls for a change Rule 5.4: Professional Independence tice and judicial officers. They do not swear
sense of proper direction for meaning in of a Lawyer (see sidebar) in the hope that to employ only those causes consistent with
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their professional lives.” Muth quoted Sol the changes will advance access to justice. truth and honor and to never reject from any
M. Linowitz, who opined that the law had It was a timely conversation considering consideration the causes of the defenseless
become a business rather than a profession, that just a few blocks away from the confer­ or the oppressed or delay any cause for
ruled by the hourly rate and electronic de­ ence, the State Bar of California was hold­ lucre or malice. They are not bound by our
vices. Muth then forecast that “once the ing a hearing for public comment on the rules of ethics and the high standards im­
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legal profession forsakes the bedrock of val­ rule changes. And an Arizona task force posed for the privilege to practice law. As
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ues for the blandishment of dollars, it will recently voted unanimously to recommend officers of the court, lawyers have an ethi­
be treated as only another economic ele­ abolishing Rule 5.4 as well. 7 cal obligation to promote justice and effec­
ment, lacking any higher purpose...an ob­ The plenary speaker stressed that if our tive operation of the judicial system. This
ject for influence by competing interests.” 5 profession exists to provide legal services is a higher calling obligating us to serve
Is that at the root of so many lawyers’ to the public, we are failing since 80 per­ our fellow citizens rather than solely our
dissatisfaction in the law—the desire to be cent of the population cannot afford a law­ own interests.
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Atticus Finch and the reality of a profession yer. Lawyers in attendance were skeptical Is there a way to integrate the respective
regarding the need to allow outside owner­ expertise of lawyers and accountants to
ship and investment in law firms to curb the provide better value to clients without sac­
The views expressed in the President’s access problem. In a stunning coincidence, rificing professional independence? That is
Page, as well as other expressions of opin-
ions published in the Bar Journal from time
to time, do not necessarily state or reflect
the official position of the State Bar of Michi- Is there a way to integrate the respective
gan, nor does their publication constitute an
endorsement of the views expressed. They expertise of lawyers and accountants to
are the opinions of the authors and are in-
tended not to end discussion, but to stimu- provide better value to clients without
late thought about significant issues affect-
ing the legal profession, the making of laws, sacrificing professional independence?
and the adjudication of disputes.