Again this morning, I awoke thinking about the bar association’s current efforts to discipline me. The discipline the bar may seek? – suspension or disbarment. I have experience in this, but I am still confused by it.
I am the object of the discipline power of the WSBA. It is a power which seeks to do me harm. Its apologists say the purpose is not to harm me or punish me; it is to protect the public. The public is protected the WSBA prosecutor says because the WSBA does not tolerate the conduct I engaged in. I will be ostracized, for a time, by punishment of suspension of my membership in the bar association, or ostracized forever by disbarment. The public will be benefited by the harm the WSBA causes me. The bar says this to justify their draconian actions. The bar will have prevented me from being a lawyer. That is the benefit the bar thinks is good for the public.
The E.M. Cioran, the Rumanian thinker, writes “every work turns against its author” “only the man who sacrifices every gift and talent escapes, released from his humanity he may lodge himself in Being.” The Temptation to Exist (TTE) 33 (1956). The man comes to know he cannot “treat destiny,” he “does not set himself up as a healer in any case.” “His sole ambition is to keep abreast of the Incurable.” TTE 47.
The accused lawyer is not special. The conduct the lawyer engaged may not justify the punishment sought by the WSBA. The lawyer may be innocent. The lawyer may have done wrong. Yet the punishment may be undeserved.
I would like to think I have something to say in the process. Maybe I do, maybe I do not. If I am involved in the process, and most certainly I am, success in my involvement may be hoped for. But success is illusive.
Success is not necessary for my soul, what is necessary is “keep abreast of the Incurable.”