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Over the Line Attacks on Lawyers
~MSBA's Immediate Response Team poised, ready to act~
By Janet Stidman Eveleth
Communication is a top priority of MSBA’s
new President. This year J. Michael Conroy, Jr. hopes to improve
communication between the legal profession, the business community and the
public in general. Conroy also pledges “to take on any group that unfairly
attempts to impede MSBA’s communication efforts,” and he has instituted an
action plan so the Association is prepared to act promptly in the event of
an “over the line” attack on a lawyer or judge or the legal system.
“For many centuries, lawyers served honorable and
distinguished roles in societies,” states Conroy, “and that service
continues today.” However, some special interest groups now “occasionally
try to tear down or diminish the lawyer’s role in society, often hiding or
manipulating the truth. We will not let that happen unfettered.”
To address offensive “over the edge attacks,”
Conroy has created a special Immediate Response Committee and charged it
with the task of monitoring attacks on lawyers, the legal profession and
the judiciary. Through this structured team of volunteer lawyers, MSBA
will move quickly when an “over the line” attack occurs, taking on those
who materially misstate facts. The Response Team will frame the important
issues and craft an immediate and effective response that addresses the
misstatements. MSBA will expose the true facts.
Through the Response Team, “MSBA has an
institutional mechanism in place to reply to false statements about the
legal system, the legal profession, judges and attorneys,” MSBA’s
President declares. As examples, he points to “medical malpractice
legislative initiatives and unfair attacks on judges or attorneys in cases
like the Terry Schiavo matter and the representation of defendants like
Timothy McVeigh.” MSBA will help frame debates on important issues fairly
“so members of the public can make well-informed decisions. MSBA will
lead, by joining the discourse with accurate facts and avoiding pejorative
comments.”
Conroy strongly objects to “negative
generalizations about our excellent profession.” He proclaims, “MSBA will
directly respond to individuals, groups or professions who misrepresent
significant matters in a harmful fashion. We will not generalize
negatively about other institutions, businesses or professions; there will
be no negative generalizations about insurance companies, hospitals, the
press, politicians or other professions. And, we will not include those
who did not contribute to an offending publication.”
“If we do not wish others to generalize about us
unfairly, we must set the example,” MSBA’s President asserts. “We do not
object, nor will we reply to, general opinions that everyone is entitled
to express. We are not objecting to the opinions citizens are entitled to
express.” However, MSBA will strenuously object “to material misstatements
of fact. False representations will be defeated with accurate and concise
facts.”
The President’s objective is to return
communication to legitimate debate. “We will do our part to discuss,
educate and improve society, without necessarily pointing fingers at
others, but by offering constructive reforms in a conversational tone.”
“As envisioned, when an inaccurate statement is
made and facts have been misstated, members of the Immediate Response
Team, through a Committee-structured electronic transmission, will send
their proposed response or basis for a response to the entire group,”
explains Conroy. “Members of the team may originate their own response or
it may come from another attorney or member of the public.”
Chaired by Thomas D. Murphy, the
Immediate Response Committee
consists of two prominent MSBA members in each county and Baltimore City,
representing diversity in terms of individuals, practice areas and MSBA
interests. This team will be activated if one of its members, or any
lawyer or citizen reports an attack. “If a Committee member believes the
attack merits a response, that member will send a draft by electronic mail
to the entire Committee,” Conroy explains.
“If the drafted response is approved by a
majority of a quorum of MSBA’s Immediate Response Committee, the draft
will then go to MSBA’s Executive Committee,” the President continues. “If
the response is approved by a majority of a quorum of the Executive
Committee, it will be signed and published, hopefully within 72 hours.”
However, “if all the checklists are not met, there will be no response.”
Conroy emphasizes that responses will not be
directed to insignificant opinions, but rather to inaccuracies that have
exceeded the bounds of legitimate comment using false statements. “Where
false facts appear, we believe it important for citizens to have debates
framed fairly and accurately so the public can make informed decisions.”
To set the record straight, MSBA will point out the false facts and
highlight the accurate facts to frame a debate.
“In light of the intense scrutiny our judicial
system is now undergoing, in Maryland and throughout the country, Mike
Conroy’s decision to implement such a measure through MSBA, to counteract
material misstatements of fact about judges and lawyers, is very timely,”
states Murphy. “Our independent judiciary is the envy of the world because
it is exactly that – independent. Ad hominem attacks upon judges,
our judicial system and the lawyers who serve it subvert public respect
for the rule of law.”
“When necessary, MSBA’s Immediate Response
Committee will work to set the record straight for the whole community,”
continues Murphy, who, when he was president of the Montgomery County Bar
Association, implemented a similar measure to respond to unjustified
criticism of the judiciary. According to Murphy, when colleagues at the
Bar work together to counteract such attacks, it works extremely well.”
“Our members will benefit by better legislation
being passed if not only the legislators but also public participants have
the best facts available with which to make their decisions,” adds Conroy.
“Our members will be better informed and they will have more positive
relationships with new and existing clients who have a better
understanding of a lawyer’s role in such areas as personal injury, estate
planning, health care, real estate, family law and trial work.”
“We must, and will, take the high road,”
concludes MSBA’s President. “We do not intend to be thin-skinned, shy or
retiring. Going forward, if people want to attack us with false statements
of fact, we will tee it up and deal with them. We will firmly, directly
and aggressively defend our profession.”
Conroy encourages all MSBA members to contact
their local response team representative if they come across an offensive
publication, whether it is a letter, editorial, broadcast or media
vehicle, or one is brought to their attention. Once notified, the
Committee will begin the response effort. If all of the checklists are
met, he promises a reply within 72 hours.
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