Arizona Attorney - January 2016

HOW TO SOUNDOFF

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azbar.org. SOUNDOFF

a corresponding right to reject attorneys
who do not meet the requisite qualifications
established for membership, if it so desired.

In the 18 states that have a “voluntary system” rather than Arizona’s mandatory one, membership in the State Bar, or its equivalent, is normally a very prestigious honor. Membership is only extended to those who are truly deserving of the privilege and, as a result, members are afforded tremendous respect by the public, the judiciary, and their fellow lawyers. Furthermore, because lawyers in voluntary bar states can elect to join a statewide or local bar organization, or remain unaffiliated, this does not mean that the core functions of our present State Bar would be ignored. These core functions—such as testing, admissions, mandatory CLE, certification of specialists, and lawyer discipline—are instead under-taken by that state’s Supreme Court. For those lawyers in voluntary bar states who do not choose to join a bar association, they must nevertheless pay a licensing fee to the Supreme Court of their state to support such functions, which only averages somewhere between $175 to $200 per year, instead of the $475 annual dues that are presently charged by the State Bar for the privilege of practicing law here. Relief of this financial burden would permit lawyers to more easily afford membership in our local bar associations, who are struggling financially.

It is important for all lawyers to truly understand the issues at stake in the Legislature’s efforts and not be misled by those who have a vested interest in preserving the status quo. Whatever the historic rationale for mandatory bars might have been in the last century when our State Bar came into existence, I believe the imposition of mandatory bar membership on lawyers under present-day circumstances is a clear violation of their First Amendment rights, which permits all citizens (even lawyers) to decide who or what they wish to be associated with. Looked at in this way, the current legislative efforts may result in a modern-day “Emancipation Proclamation” for lawyers as well as a great benefit to the public.

—Jack Levine Phoenix

GRATEFUL

I write to express my gratitude to you for publishing the inspiring
feature from our State Bar President, Mr. Trachtenberg, chemist
of the mental world, defining the elusive periodic table element of
“happiness” (President’s Message, Nov. 2015).
As a player in the drama of life, how am I to
experience “happiness” unless I know of what
it is composed? Our State Bar President shines
the light on the matter. I, the reader, grasp his
thread of thought and weave it into the fabric
of my life. The reader is now as enlightened as
the author. We cannot be more grateful.
—James Seletz
Scottsdale

GREAT CHARTER ARTICLE

Every lawyer must be delighted with the wonderful article regarding Magna Carta’s anniversary at Runnymede (Nov. 2015). I was particularly delighted to see the tribute paid to Sir Edward Coke. As Attorney General for Queen Elizabeth, he was brilliant, ruthless, and played a key role in taking off the heads of Essex, Raleigh, and others. Having thus been of such good service to her, Elizabeth thought it in her interest to appoint him as a Judge. But the good lady badly misunderstood something. Coke’s service to her had been as an advocate. As a Judge his advocacy for the Crown was gone. Instead, as Judge he issued injunction after injunction against the Crown’s attempts to make “Royal law.” Coke’s advocacy for the common law was such that it nearly cost him his own head, but his point was made. The debt which we as lawyers owe to him is incalculable.

May I, on behalf of the entire Arizona Bar, thank Pat Greene, Esq., and Stan Lehman, Esq., for a wonderful lesson in “who we are” and “where we come from”? The key to the preservation of the rights and privileges embedded in the law lies in advocacy, because the law does not call itself into being—it must be invoked, born, nursed, and developed. We, as advocates in that process, can take pride in the role we play in that blessing.

—Donald R. Kunz Phoenix

TO BE FREE AT LAST

It is not often that I disagree with my esteemed friend and colleague Geoff Trachtenberg, however his President’s Message in the November issue entirely misses the point about efforts in the Legislature to enact significant changes in the way the Bar operates. The Legislature is not intending “to dissolve the Bar” as President Trachtenberg suggests. Entirely to the contrary, the Legislature is attempting to improve the State Bar by not requiring the Bar to accept all who apply. If the State Bar were a voluntary organization, rather than a mandatory one, not only would the attorneys have a choice as to whether to join or not, but the Bar would have

6 ARIZONAATTORNEY NOVEMBER 2015

President of the State Bar of Arizona writing about happiness? Does he think he’s a therapist? Or does he need one? What does that have to do with the practice of law in Arizona?

The reason is because, in addition to being grateful for the honor of leading the This summer I was lucky enough to travel through India, a place that’s hot, chaotic, noisy, crowded and overwhelmingly poor. It is also a colorfully happy place where people are remarkably kind to one another, where even the desperately poor wear the most unlikely smiles, The State Bar of Arizona and the practice of law in Arizona are not perfect, and indeed, last year there was an attempt to dissolve the Bar in our Legislature. Because we’re bound to face that challenge again, I’d invite you to reflect on how that would be a terrible mistake. As someone who is licensed by four bars and actively practices in those states, I am constantly struck by the remarkable skill and professionalism of the lawyers in our state. The State Bar of Arizona is a key contributor to that end.

So when it comes to the State Bar of Arizona or even the personal struggles we face throughout the year, let’s not once again have to relearn the lesson that “you don’t know what you’ve got until its gone.” Instead, let’s work to make your Bar and the practice of law in Arizona even better.

PRESIDENT’S MESSAGE

I’m a student of happiness. Notice I didn’t say Zen Master.

I’m still learning every single day, and many days I have to relearn the same lessons over again. Nevertheless, I’m going to teach you one of the most important lessons I’ve learned about happiness. Consider it the “yoga of happiness,” something to exercise your body and soul daily.

You don’t know what you’ve got until it’s gone.

There is nothing truer in the human condition. It’s true of people in your life, freedom, health, justice, love, money, po wer, pets, reputation, safety, security, success, and even “your stuff.” It’s every little thing, from air in your tires to running water in your home. It all represents the nutrients of happiness and, until it’s missing, you never wanted it so badly.

You see, happiness is not a destination, and the dogged “ pursuit of happiness” is a sure sign you’re ( 1) not happy and ( 2) never going to be happy while in such hot pursuit. Happiness is also not a product or an end.

We all seem to know this intuitively, but we still seem to think as though we’re on a road trip to a place called Happyville. Or chiseling away, like Michelangelo, at a piece of marble to uncover The David of Happiness that will naturally emerge. But Happyville is not on the GPS, and it is certainly not an enduring, well-chiseled product of our efforts.

Happiness is gratefulness.

There it is. That’s it. That’s the important lesson I’ve promised. It’s simple, really. If we were all to begin each day by recounting “how lucky” we are, we’d be a lot happier.