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2004 NCBP ANNUAL MEETING HIGHLIGHTS
The National Conference of Bar Presidents and Metropolitan Bar Caucus held
their annual meetings August 5-7 IN Atlanta. Several of the topics
discussed are summarized in this edition of
The Conference Call. |
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Workshop -
Encouraging Lawyers to Serve in the Legislature
by Howard A. Shalowitz, NCBP
Executive Council
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This workshop focused on
the declining number of lawyers in state legislatures across the country
and the impact the decline is having on our laws. NCBP Executive Council
member James P. Nolan introduced the discussion by pointing out that the
percentage of lawyers in the legislature range from a low of 3% in New
Hampshire and 4% in North Dakota to a high of only 32% in Massachusetts
and Texas. He then introduced the panelists.
South Carolina Bar Assistant Executive Director Leah G. Johnson expressed
concern that South Carolina has lawyers comprising only 21% of its
legislature with a steady decline in that number. Despite the small number
of lawyers, the majority of lawyers serve on key committees such as the
respected judiciary committee and the powerful ways and means committee.
One reason lawyers shy away from holding legislative office in South
Carolina is that the Tuesday through Thursday legislative session is not
conducive to maintaining a law practice. Ms. Johnson noted that the number
of lawyers in Congress has also steadily declined over the decade,
hovering between 40% to 65%.
Georgia Secretary of State Cathy Cox began by telling of her political
heritage (her father, a funeral home director, served 16 years in the
House of Representatives in Georgia). Before becoming secretary of state,
she served 4 years in the Georgia Legislature. She noted that the decline
of lawyer legislators has been dramatic: in 1943, there were 83 lawyer
legislators; in 2004, there are 36 lawyer legislators. Some of the decline
in numbers may be attributed to the travel time, time away from the office
from January through March (sometimes April), and the $16,000 annual
salary. While lawyers in the legislature were concerned with the
legalities and constitutionality of bills, which were debated and passed,
non-lawyer legislators were not so concerned. The non-lawyer legislators
would not necessarily respect or listen to lawyers; they were seen as an
impediment to passing unconstitutional laws. The feeling among non-lawyer
legislators was to pass a bill regardless of its constitutionality and let
the Supreme Court strike it down.
The Missouri Bar President William M. Corrigan began by telling of the
significant role of lawyers in the proud history of our country's
founding.
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Workshop panelists from left to right:
Leah G. Johnson, Harry S. Johnson, Cathy Cox and William Corrigan Jr.
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the 56 signers of the Declaration of Independence, 25 were lawyers; and of
the 55 delegates to the Constitutional Convention, 31 were lawyers. Using
a PowerPoint presentation, Mr. Corrigan noted the nationwide decline in
the number of lawyers who serve in state legislatures. Eighteen states
have legislatures that are fewer than 13% lawyers. The most common reasons
for the decline in Missouri include a $31,300 annual salary, spending
Monday through Thursday away from the office and home for 4-1/2 months,
and raising at least $300,000 for any chance at winning a state Senate
campaign.
Mr. Corrigan’s presentation focused upon three areas: (1) educating the
bar and the public on how few lawyers there are in the legislature, (2)
reasons why it is important for lawyers to serve in the legislature, and
(3) identifying and encouraging lawyers to run for legislative office. Mr.
Corrigan explained that ways to educate the bar and the public about this
problem include meeting with local and specialty bars, meeting with large
and small law firms, holding a law school symposium, holding programs at
annual meetings, working with the media and recognizing lawyer-legislators
in bar publications.To date, there
are 5 lawyers in the Missouri Senate and 21 lawyers in the state’s House
of Representatives. Corrigan noted the most recent statistics of 10
lawyers running for Senate seats and 41 lawyers running for House of
Representative seats in the August 3, 2004 Missouri primary election. Of
the lawyers who ran, 75% won. Mr. Corrigan reiterated the importance of
lawyers in the legislature by stating that "although there may be lawyer
bashing in the legislature, when push comes to shove, they respect lawyers
and rely on them for guidance."
Maryland State Bar Association Immediate
Past President Harry S. Johnson explained the role of the bar in promoting
an independent judiciary. Judges do not face a friendly climate when they
go before the Maryland legislature for a salary increase. It is
believed that jurists receive a chilly
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reception because they run in contested elections every 15 years and earn
an annual salary of $119,000; whereas legislators run every 4 years and
earn significantly less than their judicial counterparts.
Mr. Johnson also noted that the Maryland Bar Bulletin highlights lawyer
legislators with an insert, profile, and photo. His final point was that
local and specialty bar association presidents have more impact with
legislators than state bar association presidents because the legislator's
constituents live in the district where the local bar and specialty bar
associations are situated.
During the question and answer session, Mr. Nolan encouraged inviting
legislators to local programs. Mr. Corrigan said that, although political
parties have not yet been approached with the idea of encouraging more
lawyers to run for legislative office, they should be. Kansas City
Metropolitan Bar Association President Jay DeHart spoke about the Missouri
Non-partisan Plan and efforts by the Missouri legislature to modify the
Plan.
The exceptional moderator and panel of speakers provided an excellent
overview of the need for more lawyers in the legislature and gave
suggestions on how to achieve increased numbers. This was one of those
rare sessions where attendees could walk away with the tools to solve a
problem.
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Plenary - The
Multijurisdictional Practice Rule
by C. Joseph Holland, NCBP Executive
Council
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Multijurisdictional practice continues to be a
front-burner topic for state bar associations and the courts. At the NCBP
Annual Meeting in Atlanta, Mike Rubin, member of the NCBP Executive
Council, moderated a panel that provided an update of where MJP is and
where it may be heading.
The panel included Wayne J. Positan, first vice president of the New
Jersey State Bar Association and former chair of the ABA Commission on
MJP; Gloria Sturman, immediate past president of the State Bar of Nevada
and member of the NCBP Executive Council; and David K. Y. Tang of Seattle,
managing partner of Preston Gates & Ellis LLP, who chaired a group of ABA
Section Chairs formed to review and comment upon the Model Rules as they
were developed.
Each of the panelists has had involvement in the MJP debate, either at
their state level or at the ABA level. Mike Rubin opened the discussion by
noting that MJP affects all lawyers from every practice area and that the
panel reflects the perspectives of differing practice areas.
Wayne Positan gave an overview of action by the states since the ABA House
of Delegates approved Model Rule 5.5 on MJP. Virtually every state has
studied or is studying the issue. Twenty-eight jurisdictions have taken
some action. Eleven have adopted Rule 5.5, although with some variation
from state to state. The states are acting and the concept of national
licensing appears to be a dead end at this point.
Mr. Positan emphasized that Rule 5.5 is a template and variation in some
places was expected. Various parts of the Rule generate changes around the
country. For example, in New Jersey the language relating to "temporary"
practice was a concern. New Jersey substituted "occasional" for temporary
in the text of its version of 5.5.
Registration of corporate counsel, making those temporary or occasional
appearances, is a matter of some controversy. Registration is not only a
way to monitor ethics compliance, but also a means to both raise revenue
through registration fees and to track reporting of income by corporate
counsel.
Mr. Tang explained that the MJP issue was brought to the forefront by solo
and small firm interests in reaction to the perceived advantage of larger
firms with multistate offices. Model Rule 5.5 recognizes that clients move
about geographically and don't recognize the effect of state boundaries on
lawyer licensing. The MJP rules can help level the playing field by
maintaining those client
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relationships across borders. Mr.
Positan agreed that the Rule facilitates the lawyer following the client
across state lines.
Gloria Sturman framed the issues as one of states’ rights. Nevada acted
quickly, before Rule 5.5 was approved, to handle the matter at the state
level, but in a fashion not all that different from the ABA Model Rule.
She acknowledged the criticism of Rule 5.5 as protecting the monopoly of
local lawyers, but that is why it is a states’ rights issue. The law does
indeed vary from state to state and the nuances of local law create a need
for local counsel, even under 5.5.
Mr. Tang countered that Model Rule 1.1 requires competent representation
and that alone implies an adequate knowledge of local law when practicing
in another jurisdiction. In fact, an out-of-state lawyer may be more
educated in the local law than a local lawyer who practices in another
substantive area.
Mr. Rubin asked why registration would be a concern for corporate counsel.
"Minimum contacts" for disciplinary purposes may not equal the ability to
find an out of state lawyer - which registration provides. Don't states
have a legitimate interest in registration of out of state counsel?
Mr. Positan explained that having to register in too many jurisdictions
could be burdensome for corporate counsel, e.g. corporate counsel might
have to visit fifteen states for the employer. There should also be a
distinction as to whether litigation is involved or whether it is a
transaction where members of the public in the state have a limited
interest in the representation by out of state counsel. After all, client
protection is the umbrella goal of the MJP rules. David Tang echoed these
concerns, saying that a meeting or convention could require registration
based upon physical presence in the state. There needs to be some sense of
balance in applying pro hac vice and MJP rules.
A member of the audience asked why firms at state borders should be
allowed to take over business across the border without meeting stringent
admission requirements; and, who will enforce discipline out of state. Mr.
Positan responded that the Rule requires "full faith and credit" on
disciplinary action. David Tang pointed out that regular invasion violates
the "temporary" language in Model Rule 5.5 and licensure would be
required.Mr. Rubin commented upon
the effect of the Internet and late night TV advertising, both of which
cross borders. Mr. Positan responded that distribution of information is
not giving advice and is not practicing law, but depending upon the nature
of the advertising it might require licensing. Mr. Tang noted that the
Birbrower case, which got the MJP de- bate going in earnest, was one which
held that a lawyer not licensed in the jurisdiction could not recover fees
and that Internet "practice" might be self-policing if clients simply
didn't pay.
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Mr. Rubin asked the panel what should be the
role of bar leaders in the MJP issue.
Gloria Sturman related the Nevada experience where the bar was active in
going on the road to find out from local lawyers, bar leaders, and court
officials what the problems were with out of state lawyers, so appropriate
rules could be crafted. The concern is giving advice to Nevada clients,
not meeting in Nevada with out of state clients. This allowed the State
Bar of Nevada to help craft regulations, even in advance of ABA
recommendations.
Mr. Tang pointed to the compact between Oregon, Idaho, and Washington as
something that bar leaders need to look to as a means of dealing with the
realities of MJP. Mr. Positan said that Utah, Colorado, Arizona, and New
Mexico; and Vermont, New Hampshire, and Maine, are all considering
compacts or reciprocity arrangements. Similarly, Washington and British
Columbia and New York and Ontario are having similar regional discussions.
Such arrangements may be the wave of the future.
Members of the audience expressed concerns about the online or storefront
operations providing forms and assistance. An audience member inquired
about federal regulation of law practice. Mr. Positan was firm that
regulation by the judiciary, not Congress, is the appropriate mechanism.
Mr. Rubin closed the program by acknowledging the question on everyone's
mind, "has there ever been a song written about MJP?" The answer is "of
course" and he pulled the cover off a keyboard at the side of the platform
and accompanied himself while singing that song, which contained the
purported view of states that are for and against the proposed Model Rule.
The song opened with: Tale as old as time/True as it can be/Client comes
to ask/For a little task/Lawyer takes a fee/The new matter is great/It's
in another state/The question comes to be/What the other state will
see/About the state of MJP.
Contact:
Michael Rubin, 225/382-3617,
mrubin@mcglinchey.com
Wayne J. Positan, 973/228-6730,
wpositan@lumlaw.com
Gloria Sturman, 702/382-1414,
gloriasturman@edwardshale.com
David K. Y. Tang, 206/370-7617
dtang@prestongates.com
Resources:
ABA Publishing has
released, Annotated Model Rules of Professional Conduct, Fifth
Edition. This book is the ABA’s definitive resource for information
about lawyer ethics and explains the amendments that were made as part
of the ABA’s revisions of the rules in 2002. To order a copy, go to
www.ababooks.org |
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Workshop - Taking Care of
Members: Lawyer Assistance Programs
by Raymond T. (Tom) Elligett Jr. , NCBP Communications Committee
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NCBP Executive Council Member and past Oklahoma Bar
Association President Joe Crosthwait moderated a panel that explored
timely lawyer assistance program issues, including funding, scope, and the
relation with risk management. Ann Foster, executive director of the Texas
Lawyers Assistance Program, and Stephenson Todd, chair of the Tennessee
Lawyers Assistance Program, examined how programs have obtained funding,
often after educating the respective governing body of the need and
benefits of such programs.
While "LAP" programs typically start with chemical and alcohol addictions,
Foster observed that many have broadened to mental health issues, and from
solo and small firms to lawyers in larger firms. Some now participate in
law schools.
Todd emphasized the need for stable funding to run a viable program and
noted how modest the original $10 per lawyer assessment in his state had
been, compared to
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Workshop Panellists from
left to right, Ann D. Foster, Margaret C. Hepper and Stephenson
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the benefits, including fewer discipline
matters and fewer claims against bar client security funds.
Margaret Hepper, a lawyer working in legal malpractice
insurance risk management, explained that attorney impairment is a common
component in many malpractice cases and is difficult to underwrite. She
also discussed the difficulty of reaching mid- and large-size firms on
such issues. She suggested insurers could encourage firms to bring in a
LAP representative annually to educate the firm's lawyers, to establish
reporting structures, and to have a discreet person lawyers know they
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The panel noted that dependency is more readily recognized
as a condition to be treated, while depression often is not, perhaps
stemming from the idea that depressed lawyers should pick themselves up by
their own bootstraps.
All agreed that information is crucial, so that people can recognize
depression in others and themselves and obtain necessary referrals for
appropriate mental health care.
For more information, visit the ABA's Commission on Lawyer Assistance Web
site: www.abanet.org and go to
the "Commissions" section. You can also go directly to
www.abanet.org/legalservices/colap
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Kimberly Vann,
Editor
The Conference Call is published twice yearly to increase
communication among members of the National Conference of Bar
Presidents. All members are invited to send information on their
bar’s activities to the editor at the following address: ABA
Division for Bar Services, 321 North Clark Street, 20th floor,
Chicago, IL 60610,
(312) 988-5364, fax: (312) 988-5492, e-mail:
vannk2@staff.abanet.org
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Workshop - Mentoring Programs: A Road
to Professionalism
by Paul Michael Hassett, NCBP
Communications Committee
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Professionalism was one of the principal
programming themes at the annual meeting in Atlanta and this workshop
focused on newly admitted attorneys and the attempt by the organized bar
to instill professionalism early in a lawyer's career. Robert B. Young,
president of the Delaware State Bar Association, described several
programs required of newly admitted attorneys in that state.
Each new lawyer is required to participate in a five-month long
preceptorship, supervised by an experienced attorney willing to conduct
the necessary orientation. The program focuses on the "cultural" aspects
of practice, the traditions of the bar, and appropriate courtroom conduct.
Newly admitted Delaware attorneys are also required to participate in a
clerkship which can begin during law school and must be completed within
one year of bar passage. Failure to complete the program requires that a
lawyer retake the bar exam. This clerkship is conducted by the attorney's
preceptor. In addition, a day-long pre-admission conference is required of
newly admitted attorneys to provide familiarity with the court system.
Finally, within four years of admission, beginning attorneys are required
to complete 30 half-day
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programs covering subjects such as trials,
arbitrations, motions, hearings, etc. Delaware obviously has the
most stringent of requirements for admission to practice.
Ronald R. Ward, Seattle, Washington, and
president-elect of the Washington State Bar Association, described his
association's recommendations to the Washington Supreme Court, which are
based on the belief that the profession must certify to the public that
lawyers are capable and competent to handle client matters. Prior to
admission, new lawyers would be required to attend a four-hour basic
practical skills course focusing on practice techniques. In the 12 months
following admission, 15 hours of skills training would be required
followed by 15 more in the second 12 months and then 45 additional hours
in the next four years. The final phase of this recommended program
involves mentored client representation through a 100-hour practicum
during the first year of practice.
R. George Burnett, immediate past president
of the State Bar of Wisconsin, concluded the program with a description of
Wisconsin's voluntary introductory program for young lawyers. Each newly
admitted attorney in Wisconsin is offered a seminar on practice
techniques, covering 12 topics in a day-long format. The program was
designed by the bar to be affordable and involved assembling a quality
faculty for each of three centrally located venues.
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The attendees generally had five or fewer
years of experience in practice and attendance exceeded 500 lawyers in
each location. The evaluations of the program by those in attendance was
extremely positive.
These three presentations covered the entire spectrum of possible
introductory programs on professionalism for newly admitted attorneys,
from Delaware's mandatory program to Wisconsin's voluntary approach.
Contacts:
R. George Burnett, 920/437-0476, rgb@lcojlaw.com
Ronald R. Ward, 206/624-8844, rrw@admiralty.com
Robert B. Young, 302/674-8822, ryounglaw@hotmail.com
Resource:
The book, Best Practices in
Attorney Professional Development, features the best professional
development practices and the related mistakes firms and/or lawyers
make, provides examples illustrating the errors, and includes
suggestions to "cure" or prevent related blunders. To order a copy,
call 1-800-285-2221 or visit
www.abanet.org/careercounsel/
crofferings1.html##best
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Workshop - Five Quick
Hitters on Metro Bar Diversity Programs
by Seth D. Kirschenbaum, MBC Immediate Past
President
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Reprising its popular "Quick Hitter" format,
the Metropolitan Bar Caucus (MBC) workshop featured five successful
metropolitan bar diversity programs, four from Atlanta and one from
Columbus, Ohio. The Friday morning session was fast-paced and stimulating,
as each speaker was only permitted seven minutes to make his or her case
and was subject to being "gonged" by moderator MBC President Seth
Kirschenbaum.
The first program highlighted was the Atlanta Bar Association's
Truancy Intervention Project (TIP). Terry Walsh, a former Atlanta Bar
Association president and TIP's founder, talked about the program which
provides lawyer volunteers who become involved in the lives of school
truants referred by the juvenile court and local schools. TIP has an
impressive 80% success rate in changing the lives of the children
fortunate enough to benefit from the program.
Following Mr. Walsh, Natasha Perdew
Silas, an attorney with the federal defender program of the Northern
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Workshop panelists from left to right: Hon. Carl W. McCalla III,
Natasha Perdew-Silas, William deGolian and Carl Smallwod. |
District of
Georgia, talked about the Atlanta Bar's High School Internship Program
which places several dozen students from minority high schools with
Atlanta law firms for six weeks each summer. The principal from Therrell
High School appeared at the session to extol the program to the audience.
The Atlanta Bar's Minority Clerkship Program, which places minority law
students with Atlanta law firms for summer clerkships, was discussed by
Judge Carl W. McCalla III.
Carl Smallwood, the newly installed
president of the MBC, spoke about the Columbus Bar Association's highly
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significantly increased the
selection and retention of minority associates at major Columbus law firms. Finally, William
deGolian, another former Atlanta Bar Association president, talked about
the Atlanta Bar's LRIS Modest Means Fee Panel, an initiative designed to
provide legal services at an affordable price to lower income people who
are not eligible for legal aid but who cannot afford full price for
lawyers.
Members of the audience asked questions and many said they were inspired
to try at least one of the programs in their own communities.
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NCBP Offers Diversity
Fellowships for Midyear and Annual Meetings
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In support of its commitment to
diversity, the NCBP will provide registration fee waivers to the president
or president-elect of minority bar associations for attendance at the
upcoming midyear meeting in Salt Lake City and the annual meeting in
Chicago. Travel and lodging expenses are not covered by the fellowships.
While the fee waivers are available to leaders from minority bars
nationwide, bar leaders in the Salt Lake City and Chicago areas are
particularly encouraged to apply since they will not have to incur travel
and lodging expenses to attend the meetings.
For several meetings, the Minnesota State Bar Association has covered the
travel expenses for leaders of Minnesota minority bars in cooperation with
NCBP’s fellowship program. The Rhode Island Bar Association has also
helped to sponsor attendance by a leader from a bar for lawyers of color.
Other state and metropolitan bars are encouraged to consider this idea. If
you are interested or know of a bar leader who may be interested in a
fellowship to attend an upcoming NCBP meeting, please contact Beverley
Ware via e-mail: bware@staff.abanet.org
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Workshop - Should the Bar be the
Professionalism Police?
by Paul Michael
Hassett, NCBP Communications Committee
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This workshop, another in the professionalism
concentration at the Atlanta meeting, explored the role of the organized
bar in overseeing professionalism in the legal community. Thomas Zlaket of
Tucson, Arizona, former chief justice of the Arizona Supreme Court,
described Arizona's required professionalism course for new lawyers, which
has now been expanded to cover all practicing attorneys in Arizona.
Initially a day long, the Arizona program, has now been shortened to a
one-half day format. In addition, Arizona has created a new
professionalism task force to re-evaluate all professionalism efforts,
beginning with defining the term "professionalism." Arizona has mandatory
continuing legal education with an ethics and professionalism requirement.
Justice Zlaket described professionalism as alive and well in Arizona.
Melvin F. Wright Jr., of Raleigh, North Carolina, executive director of
the chief justice's Committee on Professionalism, reported that his task
force examined mandatory professionalism educational programs and
recommended
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Workshop panelists from left to
right: Melvin F. Wright Jr., Non. Thomas Zlaket and Richard A.
Badolato. |
against establishing such a program in
North Carolina.
The committee decided that law schools and
the bar association continuing legal education efforts provided sufficient
professionalism programming. Richard A. Badolato of Roseland, New Jersey,
chair of the New Jersey Commission on Professionalism and the Law,
reported on the efforts of his commission.
The New Jersey Commission takes complaints from attorneys and the public
and, as appropriate, refers serious complaints to the New Jersey Supreme
Court. The commission is charged with improving the professional quality
of the New Jersey Bar and trains judges on their role in the process of
responding to complaints.
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of professionalism. According to the jurist,
bar associations do not have the resources to act as professionalism
police and lawyers have to enforce the professionalism rules. He reported
on Arizona's peer review mentoring program and the fact that it is largely
ineffective. Justice Zlaket also said the courts have to care about the
profession and the public perception of its members if any professionalism
principles are to be uniformly enforced.
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NCBP Seeks Recommendations for
Outstanding Speakers
Those who have attended NCBP meetings have
heard some entertaining and inspirational speakers. Bar leaders need such
speakers for membership meetings, law day events and other functions.
With your help, NCBP hopes to compile a list of outstanding speakers, with
contact information. We are asking for you to forward names and other
relavant information, including how to contact the individual, topics on
which you have heard them speak, etc.
We are purposely not speaking to compile a "distinguished" speaker list,
as that can mean a dull delivery and soporific effect. We want to hear
from you about outstanding speakers you have enjoyed. Some of the names
already mentioned include Justice Rosalie Abella from Canada, civil rights
lawyer Morris Dees and William Barker, who portrays Thomas Jefferson, in
period dress and time.
Please e-mail the suggested speaker and his or her best workshop topics,
along with the address, phone and fax numbers and e-mail address to the
attention of Kimberly Vann at
vann2@staff.abanet.org This list will be available at
www.ncbp.org |
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Metropolitan Bar Caucus Beer and Bull
Plenary Session
by Seth D. Kirschenbaum, MBC Immediate Past President
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The Metropolitan Bar Caucus, once again used
the popular Beer and Bull format for its afternoon plenary in Atlanta.
Consistently rated by past attendees as the most fun, most stimulating and
most rewarding program of the entire week, the Beer and Bull session
divides the participants into round tables of eight to ten people who
spend the afternoon talking with each other about issues of concern to
metropolitan and other bar associations.
At each table, in keeping with the theme of this conference, the initial
discussions focused on diversity issues. Subsequently, participants were
encouraged to open up the discussion to cover other topics. The
opportunity to interact with
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Attendees listen intently at the Metropolitan Bar
Caucus Beer and Bull Plenary Session |
other bar officers and executives from
around the country was uniformly said to be the most rewarding experience
of the conference in Atlanta. Five tables of participants eagerly spoke
and listened, and even after two hours, there were still people excitedly
sharing ideas.
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Not only does this format
serve to foment the exchange of ideas, but it also serves to energize and
inspire participants. Finally, it gives folks a chance to meet new friends
and establish relationships in a way that traditional talking head panels
do not.
At the plenary, the following new officers and board members of the MBC
were voted into office. They are Carl Smallwood, Columbus, Ohio,
president; Amy Dunn Taylor, Houston, Texas, president-elect; and Timothy
O'Mara, Williamsville, New York, secretary-treasurer. New board members
are Gary Klotz, Indianapolis, Indiana; Gregory Ramos, Nashville,
Tennessee; and Carolyn Witt, New Haven, Connecticut.
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Workshop - Encouraging Leadership, Participation by Lawyers of Color
by Monty A. McIntyre, Chair, NCBP Communications Committee
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This
session featured different programs by the Minnesota State Bar
Association, the New York State Bar Association and the State Bar of New
Mexico that are designed to encourage leadership and participation by
lawyers of color.
A Web Approach:
www.MnLegalDiversity.org
Jorge Saavedra and Kari Jensen Thomas discussed the Minnesota State Bar
Association (MSBA Web site, www.MnLegalDiversity.org. The site, launched
on April 1, 2004 (no fooling), is intended to be a useful tool that will
encourage and attract lawyers of color to practice law in Minnesota.
Diversity has been a significant topic of discussion in Minnesota. Firms
and businesses consider this Web site a new way to promote diversity
within the state, using testimonials and profiles to attract persons of
color.
The site showcases a vibrant Minnesota community of diverse practitioners
and law students across a spectrum of practice areas. It focuses on
cultural communities, giving information that is not generally available
from other sources. The site also provides information about communities,
organizations, activities, entertainment, weather, and housing.
While the Web site was created with Flash (a brand of web design software)
and uploaded for only $5,000, the Minnesota bar was able to generate
$31,000 in donations from several law firms, with Wells Fargo and U.S.
Bank also contributing. Law firms or businesses that contributed $2,500
have their firm or business listed on the site, as well as a link to their
own Web site. This idea generated much enthusiasm. As an example, upon
learning of the project, leaders at the Robbins, Kaplan, Miller & Ciresi
firm called and offered to contribute to the site. They later hosted the
Web launch party.
New York's Diversity Initiatives
Kenneth G. Standard, the second black president of the New York State Bar
Association (NYSBA), discussed several of the bar's diversity programs.
Mr. Standard noted that the NYSBA has never had any exclusionary policies,
unlike the ABA, but observed that the ABA's focus on diversity has enabled
that organization to make more progress in this area than the NYSBA has to
date. However, the bar is now actively promoting
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diversity as shown by the following current diversity programs discussed
by Mr. Standard: Reception for Lawyers of Color: This reception, held last
January, had over 300 attendees, and many NYSBA sections participated.
Committee on Diversity and Leadership: A new committee of the NYSBA, it
has a dual role, to improve diversity, and develop future leaders for the
bar.
Leadership Commitment to the Diversity Agenda: For several years, NYSBA
leadership has committed to diversity, to overcome the limitations of
one-year initiatives which often stop after the end of the leader's term.
Membership Support for Increased Diversity: Twelve seats have been added
to the New York Conference of Delegates, to be filled based upon
considerations of ethnic and geographic diversity. Two seats have been
added to the executive committee to be held by people of color.
The Conference on Commonality in New Mexico
The Conference on Commonality was a program started by Mary Torres, past
president of the State Bar of New Mexico and a member of the NCBP
Executive Council. Ms. Torres was the second Hispanic president, and the
first female Hispanic to serve as president of the bar. The Conference on
Commonality was designed to bring together all of the legal organizations
in New Mexico, in one room, to brainstorm issues and work on common
solutions.
Three members from each group were invited. One member of the New Mexico
State Supreme Court also attended. This program is inexpensive, can be
easily replicated by other bars, and was so successful that the conference
continues to be held annually in New Mexico. During the discussion, the
participants realized they were interested in the same 5 core issues,
referred to as "5 common threads": leadership training and development,
solo and small firm practice, CLE, the mentoring of young lawyers and law
students and judicial representation.
Leadership Training and Development: The New Mexico Bar has a 4-month
leadership program called the Leadership Training Institute (LTI). The
assembled groups were given information about this program and were
invited to send current and future leaders to the program for training.
LTI applications doubled thereafter.
Solo and Small Firm Practice: One suggestion was to identify minority
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owned solo firms and businesses and address the issues they face.
CLE: The groups all expressed theneed for more
relevant CLE programs. In response to this need, the SBNM decided to
partner with Hispanic and African-American bar groups to provide CLE.
Ms. Torres also informed the attendees of the Conference on Commonality
about the Bar Leadership Institute (BLI) and other ABA programs. As a
result of this, in March 2004, three Native American bar leaders from New
Mexico attended the BLI in Chicago.
Mentoring: The young lawyer group representatives suggested that it would
be better to describe the mentoring program as a networking opportunity,
instead of mentoring (which can be negatively perceived as a program to
help those who need assistance). This simple descriptive change has
resulted in significant increased participation by younger lawyers in the
mentoring program.
Judicial Representation: Ms. Torres made certain that women and Hispanics
were appointed to the committees that review the qualifications of
potential judges, to increase the likelihood of more women and Hispanics
being appointed to the bench.
This session presented a plethora of programs that state and local bar
association leaders can use within their organizations and improve
diversity.
Contact:
Jorge Saavedra, 651/393-2477,
saavedra-jorge@centro-legal.org
Kenneth G. Standard, 914/238-8620,
standardk936@aol.com
Kari Jensen Thomas, 612/335-1420,
kari.thomas@leonard.com
Mary T. Torres, 505/848-1800,
Mtorres@modrall.com
Resource:
The ABA Office of Diversity Initiatives
encourages members of racial/ethnic minority groups to consider law as
a career and works to provide increased opportunities for minorities
already in the profession. Those with questions or requests for
information regarding projects and programs should contact Cie
Armstead at
armsteadc@staff.abanet.org or 312/988-6068.
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Plenary - Professionalism: Taking Stock After 20
Years
by Steven R. Sorenson, NCBP Treasurer
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NCBP
Executive Council Member Joe Condo opened the Saturday morning plenary
session by stating, "the need to discuss professionalism is essential; the
threat has never been higher." The Honorable Robert Bell, Chief Judge of
the Maryland Court of Appeals, explained Maryland's attempt to deal with
the issue. He noted that the first step is to define professionalism and
personally defined it as putting the interest of others above those of the
lawyer.
"As protectors of the rule of law, lawyers are essential to society. The
duty of the lawyer is to teach a client the value of transcending the
personal interest to the interest of society," Judge Bell said. He spoke
of U.S. Supreme Court Justice Robert H. Jackson who was serious about his
responsibility to be courteous. According to Bell, Justice Jackson
believed that, "Law was like a religious practice. It was more than an
occupation. It demanded conscious independence and integrity above all
else." Bell surmised this is why judges like Jackson are respected in
spite of disagreements with their decisions or analyses. He further said
that professionalism is a bench and bar issue that cannot be separated,
then announced that the Conference of Judges has passed a resolution
encouraging the study of professionalism.
Judge Bell said that Maryland has adopted a mandatory law school class on
professionalism as a response to the evolution of law from a profession to
a business. Many of the young lawyers appeared to have grasped the
importance of professionalism better than some of the older attorneys.
Maryland created a commission in each of its districts to address that
problem. Each district held a town hall meeting that began by asking how
one defines professionalism. The commission also noted a decline in the
number of lawyers participating in organized bar activities. Judge Bell
said that this lack of interaction has resulted in a lack of civility
among lawyers.
Judges were not exempt from the
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commission's scrutiny. Not being on time, ignoring the concerns of
attorneys, and arrogance were all cited as issues judges needed to
address.
In her remarks, Beryl Crowley, executive
director of Texas Center of Professionalism, suggested legal education
does not teach students to be lawyers; it provides academic information.
The process of being a lawyer is an ongoing life pursuit. Thus, there is a
need for continuing ethical education. Ms. Crowley explained that the
center is totally independent of the State Bar of Texas and has developed
a mandatory on-line course for new lawyers on ethics and professionalism.
She highlighted several other courses which have been developed as well as
the training offered by the center. Ms. Crowley also informed the group of
the center's role as a referral center for disciplinary committees.
Additionally, the center awards entities that demonstrate excellence in
professionalism.
Following Ms. Crowley, Patrick Longan, a
law professor at Mercer University's George School of Law, told the
assembly about the course in professionalism that is now a required course
in the first year. It is not an ethics course, it is a professionalism
course that begins with defining professionalism in the context of being a
lawyer and deals with life skills as well as the importance of lawyers in
the community. The elements of the course show the student how
professionalism encompasses craftsmanship, transcends income, incorporates
civility, respects compliance, and recognizes competence.
Longan had the students look at the impact of the pressures facing the
individual lawyer to abandon professionalism. They also studied how the
attributes of pursuing professionalism can make a lawyer happier. Even
though Longan saw the course as a meaningful experience, he believes it
could be improved.
Thomas Zlaket, a longtime advocate for
professionalism, followed Longan and explained the issues he dealt with as
chief justice of the Arizona Supreme Court. According to Justice Zlaket,
"We keep wrestling with this issue and since this issue is |
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essential for our profession, it must be on the front burner." As far as
educational efforts are concerned, he noted that Arizona has had a
professionalism course requirement for a long time. He also said that the
students taking the course claim that it doesn't make sense to make it
mandatory for students; they have never done anything wrong. It is the
existing lawyers who have caused problems. Arizona now has a mandatory
program for all lawyers.
"Are things any better after all these years of discussion?" Justice
Zlaket queried the audience. Answering his own question, he observed, "Not
really but they are probably not worse. But we cannot stop talking about
it and looking for ways to solve the problem." The movie "Liar, Liar" is
the key to putting the issue in perspective, according to Justice Zlaket.
This is the way the public sees lawyers as it relates to telling the
truth.
Justice Zlaket cited the Professional Reform Initiative (PRI), sponsored
by the NCBP, as a successful vehicle to advance professionalism. "PRI
picked the initial issue of truth and honesty. The issue should be easy
but to lawyers it is not," he said and continued, "Truth still has a fluid
meaning to many practitioners. PRI has tried to go beyond the surface
issues of civility to the deeper meanings, but the work is never ending."
Following the presentations, attendees assembled for roundtable
discussions on the topic. Joe Condo ended the session by challenging
everyone to take up the issue and work toward a solution.
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Contact: Richard
Badolato,
973/535-0500,rbadalato@connellfoley.com
Hon. Robert Bell, 410/333-6396,
robert.bell@courts.state.md.us
Beryl Crowley, 512/463-1477,
bcrowley@txethics.org
Patrick Longan, 478/301-2605,
plongan@hotmail.com
Thomas A. Zlaket, 520/750-0250,
tazlaket@qwest.net
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Photos from the NCBP 2004
Annual Meeting |
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Harvard Law Professor and
Author Charles Ogletree Jr. delivers the keynote address on diversity at
the Friday plenary session. |
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NCBP Secretary Steve
Sorenson is joined by Rebecca Torres Gibson and NCBP Executive Council
Member Mary Torres at the Friday joint reception.
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NCBP President Doug Lang accepts the gavel
from his immediate predecessor, Paul Moxley at the conclusion of the
annual meeting on Saturday morning.
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RECOMMENDED
READING
 America’s
Lawyer-Presidents
by Norman Gross
$24.00 USD
(ABA Member Price)
$39.95 USD
(Regular Price)
Product Code: 1610036
America's Lawyer-Presidents sheds light on the legal backgrounds of
each of these chief executives and describes how their experiences
as lawyers impacted and shaped their presidencies. Written by
historians and presidential scholars and highlighted by photos,
illustrations, and sidebars, America's Lawyer-Presidents provides
new insights into our national leaders and their lives and times,
from colonial days to the present.
 The
Shadow of Justice
by Milton Hirsch
$12.00 USD
(ABA Criminal Justice Section Member Price)
$14.00 USD
(Regular Price)
Product Code: 5090097
The first work of fiction published by the ABA, The Shadow of
Justice, written by a noted Miami criminal defense lawyer, unveils a
realistic, unvarnished glimpse of a Miami murder and drug case.
"Miami is to criminal law what Oz was to Dorothy and Toto. From the
glitter to the grit, nobody knows the place better than Milt
Hirsch…", said Carl Hiaasen, author of Sick Puppy and Basket Case.
To order a copy, go to
www.ababooks.org or call 1-800-285-2221 and ask for the
appropriate product code.
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Around Salt Lake
City
Raymond T. (Tom) Elligett, Jr.
NCBP Communications Committee
The Salt Lake City area can accommodate attendees who want to
venture out for winter sports, and those who prefer to pursue
warmer activities like shopping and eating, While the largest
city in the state and Utah’s capitol, Salt Lake’s population of
less than 200,000 contributes to its smaller metropolitan feel.
Crossroads Plaza has four floors of stores and restaurants in
its covered downtown setting. It borders Temple Square’s
impressive structures, including Morman Temple, which is closed
to the public, and the acoustically outstanding Tabernacle,
which does present daily performances.
Visitors can also tour the Beehive House, the residence of
Brigham Young. Further north is the Capitol, an impressive
structure inside and out, with its murals and granite
construction. Museums include the Pioneer Museum, Utah Museum of
Fine Arts, and Utah Museum of Natural History.
Snow skiing is available in nearby Brighton, Alta, Snowbird,
Ogden, and Park City, home of the U.S. Ski and Snowboard
Association, and the Sundance Film Festival.
Those willing to brave the weather with a suitable vehicle for
sight-seeing, and some extra days to travel, can enjoy some of
Utah’s five national parks and numerous state parks. All the
national parks are several hours south of Salt Lake. Weather
permitting, explorers can experience the colors and shapes of
Bryce Canyon National Park and Arches National Park. More
spectacular shapes can be found in the more primitive Grand
Staircase-Escalante National Monument.
Bring some warm clothes. Salt Lake temperatures in February
average from the low 20s to the low 40s.
For more information visit the website:
www.visitsaltlake.com
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officer
ranks as secretary of NCBP. Hodge will succeed to the office of treasurer
and president-elect and ultimately will serve as NCBP President in 2007. Ms. Hodge is a past
president of the Massachusetts Bar Association and is a partner in the
Boston firm of Stoneman, Chandler & Miller, LLP, where she concentrates
her practice in management, labor and equal employment matters. 
National Conference of Bar Presidents (NCBP). Through my service in NCBP
activities, I have learned that the NCBP is much more than an opportunity
to meet with bar leaders a couple of times a year. The NCBP makes a real,
positive difference in the legal profession. It cultivates strong
relationships between bars across the country and stimulates the creation
of bar projects that are based upon the core values of our profession:
integrity, honor, and service. We, on the Executive Council of the NCBP,
welcome you to be a part of that effort.