New Poll Gives Vivid Look into Polarized Political Perceptions

Once again, a lesson in the two worlds of Wisconsin. That’s one way to describe the new round of results from the Marquette Law School Poll released on Wednesday (June 28, 2017).

In one world, Donald Trump is doing well as president. In another, he is not. In one, he is keeping his promises. In another he is not. Opinions on Governor Scott Walker or Senators Ron Johnson and Tammy Baldwin or House Speaker Paul Ryan? Split evenly. In all of these instances, Republicans are firmly on one side, Democrats firmly on the other. And the divisions  generally show little change since March, the time of the most recent prior Law School Poll.

How sharp is the divide? A few results:

Overall, 41 percent of the 800 Wisconsin registered voters who were interviewed approved of the way Trump is doing his job, while 51 percent disapproved. But among those identifying themselves as Republican or leaning Republican, Trump’s work was approved by 85 percent, with 8 percent disapproving. Among Democrats, 3 percent approved of how Trump was doing as president while 95 percent disapproved.

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Right to Counsel: One Step Forward, Two Steps Back

A photo of the Supreme CourtAs part of its end-of-term flurry, the U.S. Supreme Court issued three notable decisions in the past week on the criminal defendant’s right to effective assistance of counsel. The results were a mixed bag.

First, the step forward: in Lee v. United States, the Court strengthened the defendant’s right to accurate legal advice in relation to plea bargaining. Lee, a South Korean who resided lawfully in the U.S. for more than three decades, faced a federal charge of possession with intent to distribute ecstasy. His attorney advised him that he would likely get a lighter sentence if he pleaded guilty, but Lee was concerned that he would be deported if convicted; deportation, not prison, seems to have been his primary concern. Lee’s lawyer assured him that he would not be deported, so Lee agreed to the guilty plea. However, the lawyer was wrong — Lee faced mandatory deportation as a result of his conviction. When Lee found out, he sought to withdraw his guilty plea on the basis of ineffective assistance of counsel.

The lower courts rejected his motion. For Lee to show a violation of his constitutional right to effective assistance of counsel, he was required to demonstrate both deficient performance by this attorney and prejudice. The lower courts seemed to accept that Lee’s lawyer performed poorly, but held that Lee could show no prejudice since he had no viable defense if the case had gone to trial. In other words, even with better information, Lee would have been convicted and deported anyway.

The Supreme Court reversed, holding that prejudice can be established in some cases based on the lost opportunity to have a trial, without regard to the likely outcome of that trial. 

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The Benefits of Bar Associations

A gavel with scalesPicture this: you have finally been accepted as a member of the Bar in your respective state. Job offer in hand, you anxiously await the first day of the rest of your life – your first full time law position. The Sunday night before your first day of work, you peruse the attorney profiles on your new firm’s website. Viewing the profiles with a clear head, that is, a mind free of finals, bar prep, and interview details, a section catches your eye for the first time: PROFESSIONAL ORGANIZATIONS. The organizations that your colleagues belong to vary in category. Some groups appear to relate to practice areas, while others are seemingly dedicated to specific causes. Now you begin to wonder – do I need to join any specialty bar associations?  What purpose will it serve? If I decided to join, how do I narrow down the best organizations for me?

It is commonplace for states across the country to have a bevy of specialty bar and legal associations that cater directly to a specific segment of the legal community. Attorneys’ specialties and practice areas vary, so it can be difficult to find your footing as a new lawyer outside of your specific firm or corporation. This is just one of the ways these organizations can help. While it isn’t necessary to join any specific organizations, the benefits are plentiful. Joining an association, whether local or national, generally provides you with the opportunity to network with your peers, grow your practice, continue your legal education, and commit yourself to work that is personally important to you.

When I graduated from law school, the first organization I committed myself to was the Wisconsin Association of African-American Lawyers (WAAL). Formerly known as the Wisconsin Association of Minority Attorneys (WAMA), WAAL was established in 1988 with the mission of dedicating itself to ensuring diversity in Wisconsin’s legal community. Since its inception, WAAL has been actively involved in community affairs throughout Wisconsin. My first introduction to WAAL was during my 1L year at its annual welcome reception, where Marquette and University of Wisconsin law students are invited to mingle with WAAL members. Through that reception, I met numerous Wisconsin attorneys, and formed relationships that have helped carry me through my career today. As a member of the Board of Directors since 2014, my admiration for the organization and its partners has only grown.

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