PRESIDENT’S PAGE

Remarks By State Bar President
James I. Stealey
Annual Meeting
May 13, 2000

Chief Justice Maynard, Justices, Judges, members of the Bar, family and friends:
it was a 26" girl's bike - a Schwin, I think. It belonged to Becky King, who lived across the street from me in Clarksburg. I climbed on the bike, standing on the pedals, and down through my side yard I went. I was scared, but I did it. My first bike ride. I was four years old, as I recall.
I have fond memories of my childhood. I remember my first bike, a red AMF roadmaster, with a generator, a speedometer and a radio. I remember playing capture the flag, and basketball and football, hour after hour, day after day, and being whiffle ball home run champ for several years running. I remember camping trips with the scouts. Lots of memories.
My dad and mom bought our first house for $8,000.00. The payment was $58.00 per month. It was a tough nut to crack. My dad dug out a basement underneath the whole house, by hand, with a pick, shovel and wheelbarrow. He would come home after work, grab a bite to eat, and dig until dark. God rest his soul, he was a hard worker, and an honest and decent man.
I remember the sense of security that came from having a mom and dad who loved me, and shared in my activities and accomplishments as a youngster. It had a profound influence on my life. I hope that I have been able to give my children some measure of that same care, love and attention. Its hard. Everything is so hectic these days.
Now, I fast forward, some 35-40 years. I stand before this August group of judges, lawyers and special guests. My wife, Kitty, of nearly twenty years, my three children, Laura, Jimmy, and Patrick, my mom, and my sisters, Libby and Mary, all here to be with me. And I stand before them, and before you, ready to accept the challenges and responsibilities of the office of President of the West Virginia State Bar. I gratefully accept them. I am confident, on the one hand, that with the help of Tom Tinder, our Executive Director, his staff, President-Elect John Tinney, and Vice President Mike Aloi, we will move the State Bar forward into the 21st century. But with that confidence admittedly comes the slightest bit of trepidation, much the same feeling I had when I first climbed aboard Becky King's bicycle.
When I was growing up, I didn't know a single lawyer. The image I had of lawyers was probably shaped most by Gregory Peck's role as atticus finch in To Kill A Mockingbird: a family man; father; honest; striving for justice; money a secondary consideration. I didn't even really know what lawyers did, on a personal level, but I knew I admired and respected them. I had no idea where I would end up practicing law until well into my third year of law school. Having mostly painted houses and mowed grass in the summers, the practice of law was completely foreign to me, until the first day I walked into Bob Goldenberg's office with his son, David, on May 19, 1980, eager to learn. The three of us have been together twenty years now. Bob, David and I have recently added Todd Wiseman as a partner, and together, we make up Goldenberg, Goldenberg & Stealey, a firm of which I am very proud to be a part.
Now I am about to embark on eleven months of service as your State Bar President. It's eleven months because next year's Annual Meeting, at The Greenbrier, will be on March 30th and 31st. By the way, if you missed the Annual Meeting there a few years back, don't make the same mistake.
It has taken five years of work with the State Bar for this opportunity to come to fruition, three years as a member of the Board of Governors, and two years as an Officer. All the while, I've wondered how a kid like me from Clarksburg ever got here in the first place.
I digress in discussing my childhood, my up-bringing, my family, and my early recollections about lawyers. Why, you might ask? You need to know that every year, incoming State Bar Presidents have several meetings to talk about their goals and priorities for their tenures in office. I have spent time with Tom Tinder, and your State Bar Officers discussing my ideas and aspirations for the upcoming year. I've also done a lot of soul searching about what I want to accomplish.
After much thought, it came to me that what I want to do in "my year" as President is to focus attention on the importance of maintaining a balance between our careers and our personal lives; on our need to treat each other with dignity and respect; on our obligations and responsibilities as members of our communities, and on improving our public image. I want us to be proud that we are members of one of the few true "professions" in the entire world. This is a privilege we all share, together, regardless of who we are or what type of law we practice.
Now, I am not a preacher, and don't intend to lecture anyone on how to manage his or her own life. These are very personal matters. But these are not just a bunch of warm and fuzzy, pie in the sky ideals I'm talking about here. This is real "stuff", with consequences for all of us. For I strongly believe that our success as lawyers depends heavily upon how content we are in our personal lives. No doubt, our personal success depends, in large measure, on how those in our communities view us as individuals. Moreover, the image of our profession, generally, depends upon what each one of us is willing to do, individually, to enhance that image. It only makes sense that if we take care of business at home, treat each other with respect, help others in need, it will not only make us feel good, but will have an impact upon our image as lawyers. I don't know about you, but I'd rather our profession be thought of in terms of Atticus Finch, or Abraham Lincoln, or Clarence Darrow, or Thurgood Marshall, instead of as the butt of jokes, and the subject of ridicule. That is why I will be stressing during the upcoming year the importance of establishing priorities, including a renewed dedication to family, professionalism, and community service. Just as we strive to do justice in the courtroom, or in the boardroom, we need to strive with equal vigor to do justice to our families, our friends, and our colleagues.
So, you see, that's why my childhood experiences are relevant to this discussion: my fond memories of love, care and attention from my parents; my memories of having fun being a kid; and my memories of looking at lawyers with respect. I want my kids to have those same fond memories, and for me to be a major part of them. I want our youth to aspire to careers in law; to look up to us in awe, rather than look down upon us with humor and ridicule.
I firmly believe that all facets of the legal profession bear responsibility for re-focusing our priorities. Our law schools must stress the importance of these issue I have outlined. They must be recognized and reinforced by members of the judiciary. While needless or deliberate delay in the judicial process should never be tolerated, our judges should realize, as I think most do, that personal, family and other commitments sometimes make it difficult to abide by rigid deadlines or schedules. As long as our clients are understanding of our situations, I would hope that courts, and opposing counsel, would likewise try to be understanding and sympathetic.
We lawyers must be willing to work to restore a higher measure of professionalism to the practice of law. Its no secret that the level of respect and cooperation we have for each other has declined. If you don't believe it, just turn and ask any lawyer sitting near you who has been in practice for fifteen or more years and I'll guarantee you'll hear that things are not the same as they used to be. I want that to change. But all of us must work together to achieve any meaningful progress. No amount of preaching on the part of a State Bar President will alter the way we view each other. Not until we see that it benefits all of us to follow the golden rule will the situation begin to reverse itself. And we must, each in our own way, foster our image in our respective communities as decent human beings, as persons who are involved, and who really care.
Expect me to pound away at every opportunity on these issues: at Regional Meetings; in speeches before your local Bar Associations; in personal conversations. I will be relentless in the pursuit of balance, of commitment to family, community, charity and professionalism. It is just so important for us as individuals, for those who love us, and ultimately for our clients who hire us, that we keep our eye on goals loftier than attaining billable hours or spending lots of time at the office.
I do have other, perhaps more concrete goals and objectives for the upcoming year that I would like to briefly share with you. First, I am committed to the "Law Works" program started by Dan Ringer. Dan, you have done much to improve the image of lawyers in this state through this program, and you are to be congratulated for a job well done; and you've had a great year as President, and have served us well, for which we thank you.
Second, I'm looking at a special project related to community service, and specifically our school system, which I hope to persuade the Board of Governors to adopt, and to persuade judges and attorneys alike to become involved in. More on that in the weeks ahead.
Third, I want to maintain and strengthen the excellent relationships that the State Bar has enjoyed with the Supreme Court and with the WVU College of Law. Other Bar leaders around the country envy us in that respect, I can assure you.
Fourth, I want the members of this Bar to know that we listen to them when they bring a matter to our attention; that we are blessed with an abundance of skills and talent on our Board of Governors; that we have a committee structure that functions very well; that we have a State Bar staff, managed by Tom Tinder, which is second to none in this country; and that our Office of Disciplinary Counsel, headed by Bruce Kayuha, works hard to strike a balance between the interests of the public and the interests of our members, and is doing a great job under his leadership.
And finally, I want to revisit, during my term, an issue that has troubled me personally and professionally, and has been the subject of a great deal of debate and discussion by the Board over the past several years. As most of you know, I am a plaintiffs' lawyer. I firmly believe that improper solicitation by lawyers is repugnant and is bad for our image, and should be more closely scrutinized. A prospective client's right to know his or her legal options in the event of a tragedy must be balanced with the right of privacy, and the right not to be annoyed and pressured by someone he or she does not know. Yet, others should not be allowed to take advantage of such a situation because they are not restricted by our rules of ethical conduct in regard to communicating with victims of such tragedies. Again, balance is the key.
We don't need to reinvent the wheel. There are guidelines relating to solicitation which have been litigated and upheld in other states. Therefore, I am appointing a special lawyer solicitation task force, consisting of three members of our Board of Governors, Beth Pyles, Ned Rose and Norwood Bentley, a member from each of our four statewide voluntary Bar Associations, a member of the faculty at the WVU Law School, and Bruce Kayuha, Chief Disciplinary Counsel, to look into this issue and propose solutions for consideration by the board, and ultimately by the supreme court. I believe we can fashion a set of rules which strikes a proper balance and which will be beneficial for lawyers and the public, in general. I believe we must take action this year on this important initiative.
I have many more things in mind. You'll be hearing about them in the weeks and months to come. But for now, please know that I have gotten up on Becky King's bicycle again. I am pointed in the right direction. I have a lot of energy, like a kid playing ball or capture the flag. I am committed to going as far as I can before the sun sets on my term as President. I will be asking you to join me. I hope you will come along for the ride. I leave you tonight you with this brief story:
A man found himself walking down a path. Hearing footsteps, he turned around, only to see the little dog he had when he was a child. At once, he realized that he was dead. He wondered where the path was leading. After walking for miles, he came to a high white stone wall, made of fine marble. He saw a magnificent gate with an archway made of pearl. The street leading up to the gate was paved in gold. As he got closer, he saw an attendant seated at a desk on one side of the gate.
"Excuse me," he said to the attendant. "Where am I?"
"Why, this is Heaven," replied the attendant.
"Wow! That's great! Say, would you happen to have some water?"
"Of course," said the attendant. "Come on in and I'll have a tall glass of ice water brought right up."
"Can my dog come in for some water too?"
"Sorry, no pets allowed."
The man thought for a minute, then turned back toward the path and walked on, his little dog still following him.
After another long walk, they came to the top of a long hill. There, a dirt path led through a farm gate that looked as though it had never been closed. There was no fence. As he approached the gate, the traveler saw a man inside leaning against a tree, quietly reading a book.
"Excuse me. What is this place?'
The man looked up from his book and said: "Why, this is Heaven."
The traveler asked: "Do you have any water?"
"Sure, come on in. There's a pump right over there. Help yourself"
"What about my friend here, can he come in and get a drink, too?"
"Sure. There should be a bowl beside the pump."
After the man and his dog had their fill of cold water, they walked back toward the stranger, who was standing by the tree waiting for them.
"I'm really confused. The man down the road said that was Heaven too."
"Oh, you mean the place with the marble, and pearls, and gold," said the stranger? "Actually, that's called hell."
"Well," the traveler asked, "doesn't it make you mad that they use your name like that?"
"No. I can see how you might think so, but we're actually happy that they screen out the folks who'll leave their best friends behind."
May we, in striving to be successful lawyers, not leave our friends behind. May we strive to strike that all important balance between our work and our dedication to family, friends, and community, and our relations with each other. And may we work to restore the image of lawyers as people who are worthy of respect and admiration instead of ridicule.
Thank you. It has been a privilege addressing you. Have a pleasant evening.