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 No, We Can’t
JOHN A. TARANTINO, ESQ.
President of the Rhode Island Bar Foundation
We live in troubled times. The recession has hit us all hard. Lawyers and law firms are not immune. Every day we read about layoffs, dissolutions and closures. Let’s face it: Things are depressing. Let’s also admit this: Today’s desperate mood is a galaxy away from the hope-filled “yes, we can” attitude of several months ago. It’s easy to dismiss a campaign message as political rhetoric, the stuff of slogans rather than substance. But we need to remember that the true message of hope is not a campaign catchphrase. Hope is a virtue, a virtue rooted in strength and courage. And the strength and courage of virtuous hope can get us through the most difficult times, even when the word hope itself may seem to be little more than a hollow echo of better times.
Today, we, as lawyers, as citizens, as mothers and fathers, husbands and wives, sons and daughters, all need to focus on what real hope is; and we must make real hope a part of our lives. Unfortunately, some people who, a few months ago, rose up to chant, “yes, we can” in response to rhetorical questions, now, during times of a free-falling economy, have lowered themselves to look only inwardly, and sometimes even selfishly so. In my view, these people are not ones who were filled with true hope, but rather, they are ones who, as the English poet, John Dryden, once wrote, were perhaps “fool’d with hope …” [Aureng-Sebe (1676)]. That’s because true hope is not based solely on economic principles, balance sheets and robust 401(k)s. True hope is rooted in who we are, and how we support each other, our families and our neighbors, whether they are rich or poor, well-heeled or down-trodden. I’m afraid that the contagious enthusiasm so many felt about the positive things we could accomplish working together has been replaced with nothing more than velleity – the lowest form of positive volition – especially with respect to remembering and protecting the poor.
We all know the saying, “When the going gets tough, the tough get going.” For some, however, that saying appears to have been replaced with the following: “When the going gets tough, retreat, and plan for times to be even tougher.” Make no mistake. I can understand the frustration of watching helplessly as a lifetime’s savings rapidly disintegrate. I can understand the despair caused when jobs are lost and bills can’t be paid. And, I can understand how a retirement that once didn’t seem so far away, now appears only as a distant mirage in a financial desert. Yes, many of us are upset, frightened and angry. But, on the good news front, most of us continue to work and save and try to recoup at least a portion of the monstrous losses we’ve suffered. Most of us still have jobs. Most of us still make a decent living. And, for most of us, 401(k)s, IRAs and pension plans, though they have taken a beating, still exist. In sum, most of us still see some dollar signs when we open our monthly financial statements and don’t have foreclosure signs planted in front of our homes.
For a growing number in our society, however, there are no 401(k)s, IRAs, pension plans, or savings accounts. And for some, there are no homes at all. For them, there is only the constant, everyday challenge of survival, searching for daily bread and a night’s shelter. These folks have little, if any, hope. But, if they do have hope, it’s not hope of the bumper sticker variety. No. It’s the real thing. It’s virtuous hope. It’s the hope that there are people who still care. It’s the hope that there are people who are willing to sacrifice, to give from their need rather than from their excess. It’s the hope that there are still people who will not retreat inwardly when times are tough. And it’s the hope that there are people who still have the compassion, courage and commitment to not allow those who have stolen our trust in financial institutions and the stock market to also rob us of the moral content of our society.
Now let’s turn to our Bar Foundation programs. Our Interest On Lawyers Trust Accounts (IOLTA) programs are going through very difficult times. There is no new math here: Fewer real estate transactions + lower interest rates = less IOLTA money available to fund legal services and related programs. The new IOLTA rules will help in the long-term. Remember, IOLTA accounts are now mandatory, and we also have rate parity, i.e., lawyers cannot open IOLTA accounts in financial institutions that discriminate against them. One day - and I hope that it’s one day soon - the new rules will help to increase IOLTA funding so that we can properly support our valuable and necessary programs. Today, however, in order to adequately fund these programs, we need more money than what IOLTA interest generates. What can we do to help? I’m asking you to consider supporting the Bar Foundation programs in any way that you can. If you have the ability, please contribute to the Bar Foundation financially. If you can’t do that, please be generous in spirit. Think and act unselfishly toward others so that true hope - hope as a virtue - is not another casualty of the financial crisis.
Finally, I’m asking you to remember who we are not only as lawyers, but as human beings, friends and neighbors. I’m asking you to forget about slogans and catchphrases and remember how important and necessary legal services are for immigrants, the disenfranchised and the poor. And, finally, I’m asking you to answer this simple question honestly, forthrightly and with true hope: “Can we afford to let the Bar Foundation programs fail”? The answer, of course, is “no, we can’t.”
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