No Apologies Necessary

The web page of the North Dakota Supreme Court notes the death of an attorney  who gained a measure of fame (and hero status to many court-appointed lawyers) by writing a letter complaining about the payment system and not backing down

As a young lawyer Bob took on criminal court appointments for federal indigent defendants. As at the end of one case, he was suspended from the practice in federal court for candidly stating his opinion of the miserly reimbursement for indigent criminal representation in a letter to Judge Van Sickle. He used his characteristic colorful language that offended certain members of the appellate court and he refused to apologize. Bob’s behavior was deemed “contumacious” which had most of us scrambling for our Funk and Wagnalls. Thanks to the strong support of the local bar and attorneys around the country, Bob was vindicated by the U.S. Supreme Court at In re Snyder, 472 U.S. 634 (1985). Bob was especially grateful for the able assistance of attorneys David Peterson and James (now judge) Hill.

When he was directed to apologize for the tone of his letter, he responded

“I cannot, and will never, in justice to my conscience, apologize for what I consider to be telling the truth, albeit in harsh terms. . . .

“It is unfortunate that the respective positions in the proceeding have so hardened. However, I consider this to be a matter of principle, and if one stands on a principle, one must be willing to accept the consequences.” Id., at 54.

Chief Justice Burger

The necessity for civility in the inherently contentious setting of the adversary process suggests that members of the bar cast criticisms of the system in a professional and civil tone. However, even assuming that the letter exhibited an unlawyerlike rudeness, a single incident of rudeness or lack of professional courtesy – in this context – does not support a finding of contemptuous or contumacious conduct, or a finding that a lawyer is “not presently fit to practice law in the federal courts.” Nor does it rise to the level of “conduct unbecoming a member of the bar” warranting suspension from practice. 

I say “hero” because I personally had cause to write a similar letter to Chief Judge Spottswood Robinson after being paid $1,000 for a complex appeal of an 15-week trial.

Judge Robinson wrote this opinion.  in response to my letter. Eventually, i was paid in excess of the thousand dollars but became less than enamored of the entire process.  (Mike Frisch)