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  NCBP Wants to
see You in Seattle2003 NCBP Midyear Meeting, February 6-8
Seattle--the home of Microsoft, Starbucks, Eddie Bauer and, of course,
Nordstrom--is also the site for the 2003
Midyear Meeting of the National Conference of Bar Presidents (NCBP).
Leaders of state, local, special focus and general purpose bars will
gather at the Washington State Convention and Trade Center February 6-8.
You also may register on line or print a form by going to http://www.abanet.org/midyear/2003 . There is a special faxable form just for NABE/NCBP/NCBF registrations. For online registration, go to the same site and click on "Online Registration" and be sure to select the "Bar Services" form.
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NCBP
Announces 2002-2003 Officers and Council
by Paul Michael Hassett, NCBP Communications Committee At the conclusion of the NCBP Annual Meeting in Washington, D.C., the membership installed a new president and elected five new members of the executive council, as well as the secretary for the 2002-2003 organization year. They were nominated by a committee chaired by Immediate Past President Laurel G. Bellows. David S. Houghton, of Omaha, Nebraska, was installed as president of the NCBP.  He is a past president of the Nebraska State Bar Association and of
the Omaha Bar Association. He served for several years on the executive
council of the state bar and in its House of Delegates as well as on the
executive council of the Omaha Bar Association. Houghton is in private
practice as a trial attorney in Omaha. He has been active in the ABA and
is a member of its House of Delegates as well as a fellow of the American
Bar Foundation.Paul T. Moxley, of Salt Lake City, Utah, assumed the office of president-elect. He is a past president of the Utah State Bar and served on the NCBP Executive Council from 1996 to 1999. Moxley is a state bar delegate to the American Bar Association House of Delegates. Douglas S. Lang, of Dallas, Texas, assumed the office of treasurer of the NCBP. He is a past president of the Dallas Bar Association and served on the NCBP Executive Council from 1995 to 1998. He is also a past president of the Metropolitan Bar Caucus. Lang was recently appointed as a justice on the Texas Court of Appeals, 5th District. Lonnie J. Williams Jr., of Phoenix, Arizona, was elected secretary of the
NCBP. Williams will succeed to the office of treasurer and president-elect
and ultimately will serve as NCBP president in 2005-2006.
He is a past president of the Maricopa County Bar Association and is a
partner in the Phoenix office of Snell & Wilmer where he is the
coordinator of its employment law practice group. Williams is a graduate
of the University of Arizona and received his law degree from Yale
University. He is a fellow of the American Bar Foundation, a member of the
National Bar Association and a member of the board of trustees of the
Phoenix Police Foundation.
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President’s
Message By David S. Houghton  What Bar Leaders Need to Know By the time most bar presidents have figured out what they are supposed to do, their term is about to expire. If you are a newly elected president or a president-elect, here are some tips that may help you ”maximize the moment” you are in office. Ask for help. A huge part of wisdom is the ability to acknowledge that which we do not know. Be a wise leader: Ask for assistance. Realize that you will not know if your year as president has been successful until your president-elect has completed his or her year. Your presidential year is part of a long tradition of service. If you are a successful bar leader, your year will be a building block. Thus, your bar should be better the year after your presidency than it was the year you were president. And, it should get better each year thereafter. Five years down the road, (when the bar leaders barely remember you) your bar should be doing great things which you helped nurture. Only then you will know your service was successful. If your bar year was the best ever, you have missed a wonderful opportunity to make a lasting contribution. Involve yourself in issues outside of your jurisdiction. Read related materials. Know the issues that other state and local bars are facing. They will likely be your problems soon. Or, if you have already faced them, you can help someone with your experience. Be a conduit of information and issue identification for your bar. Get to know the ABA Division of Bar Services staff. DBS staff members are experts on the activities of the organized bar. Moreover, they are helpful. Contact the Division at (312) 988-5343 or visit its Web site at http://www.abanet.org/barserv . DBS is a significant resource. The sooner you learn about the services the division provides, the better your year will be. Accept every invitation. Being a bar president is a once in a lifetime opportunity, and the year will speed by rapidly. When your term has ended, you will get no invitations, so take full advantage of the chance to attend various functions. Your bar will be better served by your commitment. Cherish your bar staff. This profession is blessed with outstanding staff -- individuals who spend their careers, their energies and their talents sustaining the work of the profession. Support them. Appreciate them. Acknowledge their considerable contribution, both privately and publicly. Involve those you love in your professional service. Make bar service "family friendly" by involving your family in bar-related activities. You will be amazed at their response and support of the commitment you have made. It will make your life easier and richer. Listen more than you speak. When scheduling your events, plan time for listening - both formally and informally. A good rule is to listen to 10 words for every one word you speak. Your constituents and the public will feel more involved, because they will be more involved. Have fun. If you are not having fun, no one will be attracted to future bar service. Your reaction to the work of the bar is the best advertisement bar associations have to attract younger lawyers to professional service. Plan to attend the NCBP Midyear Meeting in Seattle. It is going to be a great meeting. You will become acquainted with the greatest people - some will become lifelong friends. They will be from places you have never been. They will have had experiences you have never had. Your life will be richer for meeting them. You will also get extremely useful information about the range of issues facing the profession. You will develop important contacts that will be invaluable to you throughout the rest of your professional life. You will be glad you took the time to attend. See you in Seattle! P.S. If you have additional tips we should include in the future, e-mail them to me at dhoughton@liebenlaw.com . Resources: Presidents-elect and executive directors of state, local and special focus bars should plan to attend the ABA Bar Leadership Institute (BLI), in Chicago, March 6-8, 2003. This two-day seminar features plenary sessions and small group discussions on bar governance, financial management and administration, communications and leadership. For up-to-date information on the BLI, visit http://www.abanet.org/barserv.bli.html .
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Workshop:
Creating Your Brand - Advocating for the Profession by Dee-Dee Samet, NCBP Executive Council In the workshop, "Creating Your Brand - Advocating for the Profession," attendees learned how (and why) some bar associations have developed information campaigns to educate the public about the legal profession and its impact on society. Panelists included Patricia K. Ballman, president of the State Bar of Wisconsin; Thomas Z. Hayward Jr., chair of the ABA Task Force on Advocacy for the Profession, and Ed Lazarus, president of Lazarus Strategic Services, a public relations firm in Chevy Chase, MD, who has worked with the American Trial Lawyers and the State Bar of Arizona. Ed Lazarus said that this type of advocacy was necessary because assaults on lawyers can come from any direction and when a piece of the profession is attacked, the whole profession is attacked. He further stated that the courts and lawyers must work together to build credibility for the justice system. According to Lazarus, lawyers need to keep the message simple, be repetitive and be credible so people will believe it. The message should be broad enough to be applied globally and must be relevant to the audience. Patricia Ballman described the experience of the Wisconsin bar in developing the communications toolkit, "Branding the Profession: Educating the Public About The Value of Lawyers." Concerned about the public's worsening perception of lawyers and the profession, the bar formed a steering committee to address this issue. The committee reviewed data from national studies gathered by the ABA and organizations in Wisconsin and held focus groups with lawyers, testing different combinations of messages. Assisted by local bars, the Wisconsin bar conducted a formal, confidential survey throughout the state to test the committee's ideas and messages. Research indicated that the majority of respondents valued lawyers most for providing expert advise and solving problems. They also valued lawyers who actively served the community. Thus, the bar's new tag line became "Wisconsin Lawyers: Expert Advisors. Serving You." and was incorporated within the bar's new logo. All bar associations and lawyers in the state were encouraged to download the logo--available online at no cost--and use it on stationery, pamphlets or other material that was sent out. The bar's campaign included professional image ads in newspapers and magazines, public service announcements and public education resources. In addition, staff members from the bar's communications, public affairs and graphics departments assisted members in "using the brand." Thomas Hayward explained the American Bar Association's effort to improve the image of lawyers through the creation of its Task Force on Advocacy for the Profession. The committee was formed by ABA President Alfred P. Carlton Jr. to help renew lawyer pride in their profession and to help the public understand what lawyers do and how they contribute to American democracy. A primary component of the task force's strategy is to develop opportunities for face-to-face and electronic dialogue on key legal topics so that viewers, readers and/or users can see the importance of debate of key legal topics and the crucial role lawyers play in the formation of law. As part of the initiative, the ABA launched a $2.5 million advertising campaign with print ads scheduled to run in 6 major markets and appear in national editions of the New York Times, Washington Post, Chicago Tribune, Miami Herald, Dallas Morning News, San Francisco Chronicle, Roll Call, National Review and New Republic. In conjunction with hearings on the Independence of the American Judiciary, ads have also appeared in Detroit and Philadelphia publications. Internally, ABA sections and divisions feature ads in their periodicals. Ads appear in the ABA Journal as well. State and local bars can download a PDF file of each of the three ads, add their logo and run the ads in their journals or in local media. "Dialogue on Freedom" is a vehicle for public discussion about important legal issues. In this program, lawyers and judges visit high school classrooms to explain the values and traditions of American democracy. Additional conversation takes place online at http://www.aba-dialogue.org . Here, web users can participate in a pro-con debate on topics such as electronic surveillance and Operation TIPS. All three panelists reiterated Lazarus' earlier statement that by working together lawyers could improve their image with the public. A lively discussion followed the presentation, as attendees appeared eager to use these tools at their own bars. Contacts: Patricia K. Ballman, 414/277-5145 pkb@quarles.com Thomas Z. Hayward, Jr., 312/807-4340 thayward@bellboyd.com Ed Lazarus, 301/652-6460 edlazarus@aol.com Resources: Download a copy of the “Branding the Profession Communications Tool Kit,” by visiting the State Bar of Wisconsin’s Web site, http://www.wisbar.org/bar/brand/ . Go to http://www.aba-dialogue.org and join pro-con debates, download articles and materials pertaining to the debate topics and access links to other helpful resources, including "Talking About America and Freedom: Five Tips for Parents."
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Workshop:
After the Limelight - Transition and Opportunities by Raymond T. (Tom) Elligett, Jr., NCBP Communications Committee Eric Burdon, former lead singer of the British rock group the Animals, tells about a cab ride in New York where the driver kept looking at him in the rear view mirror, obviously trying to place him. He finally asked Burdon who he was. Upon hearing Burdon's reply, the driver exclaimed, "I thought you were dead." This may mirror the low profile maintained by some former bar presidents, but a panel of past bar presidents, moderated by current New Mexico State Bar President Mary Torres, explored other options for when the "limelight" dims. Former Texas Bar President Richard Peña observed that the transition of power actually started before his term ended, as staff started preparing for the new administration. And when his term ended, the phone stopped ringing. Harold Pope, past president of the National Bar Association, averaged three days a week traveling outside of his Detroit home, but still managed to bill 50 to 70 hours per month. He and Cheryl Niro, past Illinois State Bar President, emphasized maintaining client contact while in office, and planning to return to full-time practice. Niro said that bar staff and successor leaders will know a former officer's strengths and may invite the past president to take a new active role. Pope initially declined to chair his association's foundation because he needed to devote more time to his practice, but is currently the chair. Peña recommended that just as one tried to be the best president while in office, he or she should strive to be the best immediate past president upon leaving. Past presidents can also quietly make it known that they are willing to help. They may also move on to other positions in the ABA or NCBP, or other organizations. The panel urged current leaders, while still president, to work with their successors to help ensure a smooth transition, for the benefit of the organization. This includes involving the president-elect, and speaking well of those who will succeed. Contact: Cheryl Niro, 312/917-8339 cniro@qclaw.com Richard Peña, 512/327-6884 richard@rpeña73.com Harold Pope, 313/961-8380 hpope@jafferaitt.com 
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| Around Seattle by Raymond T. (Tom) Elligett, Jr. NCBP Communications Committee Plan to arrive early or stay after the NCBP meetings to enjoy Seattle - a vibrant and diverse city. Traversing a few blocks west on Pike Street from the NCBP headquarters hotel, the Seattle Sheraton, will bring you to the  Pike
Place Market. Evolving from its beginnings as a farmers' market nearly 100
years ago, Pike Place now embraces a variety of merchants. South from the
Market is Pioneer Square, housing antique shops, restaurants, and more.If you would prefer a museum, choices abound. Seattle Center, home of the 1962 World's Fair and site of the Space Needle (take the ride for the great view), contains the Seattle Art Museum, Seattle Asian Art Museum, and the Children's Museum. For those looking for something less traditional, visit the Experience Music Project.  Given Seattle's
waterfront location, you won't be surprised to find nautical-themed
museums, including Odyssey, The Maritime Discovery Center, and the Coast
Guard Museum Northwest (open limited days and hours). When it's time for a
break from sightseeing or shopping, reward your sweet tooth with a stop at
Cow Chips Cookies, for a great chocolate chip treat.For those ready to drive, Mount Rainier National Park is about two hours 
southeast, but has limited access and facilities during the winter.
Approximately four hours northwest of Seattle, Olympic National Park
features a large rainforest and pristine Pacific Ocean coastline.February temperatures average from the high 30s to the high 40s. Bring an umbrella or rain gear. For more information, see the Seattle Convention and Visitors Web site: http://www.seeseattle.org . For more information on national parks, see: http://www.nps.gov . For more information about Seattle, visit these sites: www.seattle.net www.ci.seattle.wa.us www.seattletimes.nwsource.com Cheryl Elligett also contributed to this article.
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Plenary:
Bar Associations as Change Agents by Joseph A. Condo, NCBP Communications Committee The second portion of the Friday morning plenary examined a variety of issues concerning the bar's role in the attempt to support lawyers in a democratic society. Thomas A. Edmonds, executive director, Virginia State Bar, spoke about the role of bar associations in identifying pressing legal issues of the day and educating their members. 
Well-informed members are then able to participate in discussions of these
issues and affect public policy relating to them. Edmonds explained the
important role lawyers have historically played in society, through public
service and community service. He further encouraged bar associations to identify cutting-edge issues involving law and the legal system, to provide their members with the necessary education and expertise to enable them to bring their legal talents to bear in the public discourse about these issues and to inspire them to do so. Mr. Edmonds cited as an example a committee established by the Virginia Bar Association, Virginia's voluntary bar, which has presented panel discussions and debates at its annual meeting on such current issues as accountability in public education, cyber-crime and terrorism, the jury system in America, the environment, and genetics and bio-ethics. Marna Tucker, past president, District of Columbia Bar, pointed out that the bar's regulatory mechanisms have failed to keep pace with the changes in the way law is practiced in this age of national and global communication. She observed that the profession has always changed before the organized bar, and the institutions that govern and regulate lawyers must rapidly rethink and adapt traditional approaches to lawyer regulation in the face of the nationalization and globalization of law practice, where so-called "virtual" law practice, transcending state and national boundaries, is now commonplace. Tucker previewed the proposals for rules allowing multijurisdictional practice that would be presented and adopted by the ABA House of Delegates the following week. Dale Carlisle, president, Washington State Bar Association, addressed the effects on lawyers and the legal system of the economic downturn and resulting cuts in state budgets for the court systems and for access-to-justice programs. In Washington, a coalition of bar associations was formed to work with the judiciary to lobby against budget cuts that would impair the accessibility of the justice system and legal services. Carlisle also mentioned that some states are considering a sales tax on legal services, and stressed it is critical that the bar be represented on state commissions and boards studying such proposals. In closing, Carlisle said that economic pressures on the legal system and the profession need to be addressed in a more concerted, unified manner. Richard Soden, past president, Boston Bar Association, discussed the roles of the bars' executive directors and professional staffs in responding to the changing legal environment. He advocated stronger input and deeper involvement by bar association executives and staff in the associations' planning and policy formulation. He said that the staff has a unique ability to identify both short-term and long-term issues and needs, providing continuity and a long-term institutional perspective that complements and balances the relatively short-term involvement of volunteer leaders. Mr. Edmonds supported this position. Acknowledging that some bars are reluctant to seek out strong executives with policy background, he asserted that bars are missing out if they simply hire technical managers who lack the ability to provide policy guidance and input. He emphasized that bar executives recognize that their participation in setting policy and planning does not bespeak a proprietary interest in their associations, and understand that decision-making and policy-making is the preserve of the association membership, exercised through its volunteer leadership. Contact: Dale L. Carlisle, 253/620-6401 dcarlisle@gth-law.com Thomas A. Edmonds, 804/775-0500 edmonds@vsb.org Judith O’Connor, 202/776-7920 joconnor@boardsource.org Richard Soden, 617/570-1533 rsoden@goodwinprocter.com Marna Tucker, 202/466-8960 mtucker@feldesmantucker.com
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Workshop:
Development Appeals That Work by Kay H. Hodge, NCBP Executive Council One of the most difficult tasks faced by bar associations is finding innovative and effective ways to raise money. At this workshop, a panel of experts shared advice and projects that have worked for their organizations. Adele Meyer, the American Bar Association's director of program development, described the steps for obtaining grant funding for a project. She explained that the foremost concern of funders is "will our money be put to good use?" Funders look for sustainable projects with strong relationships between the board of directors and staff, with the funder, and with other organizations in the applicant's geographic area or the area of the project for which funding is sought. They consider those relationships in assessing the likelihood projects will succeed. A good relationship with funders is important. Proposals should fit within a funder's priorities and should meet the current guidelines. In addition, she said that organizations needed to know how decisions are made as well as the timetable for those decisions. Finally, Meyer suggested the possibility of collaborating with another organization as a means for demonstrating the breadth of support for the project and the organization's credibility. Dinner events were suggested as an effective fundraiser. Veta T. Richardson, executive director of the Minority Corporate Counsel Association (MCCA), described how MCCA raises funds through a series of dinner events in various regions throughout the country. At each dinner, MCCA presents "Employer of Choice Awards" which recognize corporations that celebrate diversity and create workplaces of inclusion. They also recognize law firms in five geographic locations (Southwest, Mid-West, Mid-Atlantic, West, and Northeast) that have demonstrated a sustained commitment to improving the hiring, retention and promotion of diverse attorneys. A creative collaboration between a bar foundation and young professionals yielded another success story. Bob Glaves, executive director of the Chicago Bar Foundation (CBF), described how the CBF established the Young Professionals Board (YPB) to increase the involvement of young people in the overall cause of access to justice. The mission of the YPB is to educate young Chicago area professionals, particularly in the legal community, about the CBF and its mission. The YPB helps to improve the relationship between the CBF and the Chicago Bar Association Young Lawyers Section. The group sponsors activities geared toward younger people, including various social and fundraising activities. One such activity, the Fat Tuesday Challenge, was held with the Greater Chicago Chapter of the Association of Legal Administrators (ALA) and included basketball, darts, bowling, volleyball and sumo wrestling. Winners of each of the events were able to direct donations totaling over $5,000 to their favorite legal aid organization. In addition to raising money, these activities provided an opportunity for participants from law firms, vendors and other organizations to develop camaraderie and connections with others in the legal community. Contact: Robert Glaves, 312/554-1205 bglaves@chicagobar.org Adele Meyer, 312/988-5454 meyera@staff.abanet.org Veta T. Richardson, 202/371-5910, veta0804@aol.com Resource: “Fund Raising for Associations and Association Foundations” is a resource that covers legal and tax issues, planned giving, special events, capital and endowment campaigns and more. To order a copy, call the American Society of American Executives bookstore at 202/626-2723.
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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 Seattle and annual meeting in San Francisco. 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 Seattle and San Francisco 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 covered the travel expenses for leaders of minority bars in cooperation with NCBP’s fellowship program. 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 Pamela Robinson via e-mail: robinsonp@staff.abanet.org .
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Workshop: Models for
Delivery of High-Volume Personal Legal Services by M. Joe Crosthwait, NCBP Executive Council A workshop on delivery of high-volume personal legal services was presented by Kevin Patrick Flood of the United States Navy, Paula Hannaford-Agor of the National Center for State Courts, and Joyce Raby from the Legal Services Corporation (LSC). The session was moderated by the author of this article. The premise of the panel's discussion was that the demand for affordable legal services far outstrips the available supply and there exists a vast, untapped, unserved, or underserved, market for legal services--where the consumer chooses not to utilize legal services provided by lawyers because of either the cost or the fear of the cost of such services. LSC estimates that only 1 in 5 income-eligible persons actually receives legal assistance. Many members of the military and their families cannot afford a lawyer for routine legal matters, and many state courts report that in an increasing number and for a variety of reasons (not solely cost), one or both parties in a family law action are now pro se. Panelists focused their attention on the models each system uses in providing high-volume and "standard" legal services (or 'support' as is the case for state courts) such as bankruptcy, wills, family law, consumer law, landlord-tenant, and probate. The essence of all three models is the combination of properly trained people working in an increasingly technological world. Drafting libraries, document assembly programs, case management software, and the Internet lead the technology initiatives in all models. For the LSC and military, the utilization of legal assistants and other specially trained non-lawyers is critical. Moreover, the military utilizes civilian attorneys to assist its military attorneys. The numbers are quite compelling. In 2001, the military provided over 200,000 wills, 464,000 powers of attorney, and dealt with nearly 6,000 marital issues. It also receives significant assistance from the ABA Standing Committee for Legal Assistance to Military Personnel (LAMP) and from state bars as well. LSC, in addition to its traditional role of providing legal services to the poor, is enhancing its ability to serve its constituents by not only increasing its own technological capacities, but also by encouraging state and local bars to develop technology-based programs with its "Technology Initiative Grant Program." These grants, which are funded by Congress and awarded on a competitive basis, are intended to fund technology projects for client self-help and information technology. These court models are intended to provide legal information and not legal advice. This information is about court rules and basic legal rights and responsibilities. Many include downloadable forms and instructions, interactive forms and online, self-assessment tools for the consumer to help determine whether they are suited to handle their own legal problems. In some instances, these systems also refer the consumer to a lawyer or a lawyer referral service. The panel then addressed specifically the role of the bar in providing these high-volume, "routine" or commodity-like legal services through pro bono services, unbundled legal services, content development for Web sites (and specifically state bar Web sites) for self-help lawyering and legal information, and collaborative participation in self-help programs. Contact: Kevin Patrick Flood, 904/542-2565 floodkp@jag.navy.mil Paula Hannaford, 757/259-1556 hannaford@ncsc.dni.us Joyce Raby, 202/336-8876 jraby@lsc.gov Resources: For a list of titles about legal services issues, visit the publications page of the ABA Division for Legal Services Web site at http://www.abanet.org/legalservices/publications/home . html.
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Workshop
- Legal Education: A Tripartite Affair by Norman E. Harned, NCBP Executive Council A distinguished panel representing the three components of the profession presented a two-hour track program on current issues of legal education with a focus on the challenges to professionalism. The panelists were Randy J. Holland, Associate Justice of the Supreme Court of Delaware, Robert K. Walsh, Dean, Wake Forest University School of Law, and Pamela J. White, immediate past president of the Maryland State Bar Association. Dean Walsh opened the program with an overview of the twenty state legal education conclaves held to date. As a result, a number of states have formed commissions emphasizing professionalism to bring together law schools, the courts, and the practicing bar. Dean Walsh described the emphasis placed on professionalism at Wake Forest. In order to promote ethics and professionalism, students attend small classes designed to engender integrity and professional responsibility. Assignments include reading “To Kill A Mockingbird” and performing public service, such as working on a Habitat for Humanity project. Examples of unethical practices are presented, including episodes from “L.A. Law.” Dean Walsh also explained the necessity for careful selection of mentors to provide good role models for students. Programs of American Inns of Court are examples of effective mentoring. Pamela White presented the perspective of a bar leader from a voluntary bar without mandatory continuing education. The Maryland State Bar Association currently presents a professionalism course. Although the bar recommended a mandatory course, it has not been required. The court has, however, created a professionalism task force that focused on practical advice and identified these qualities of a good lawyer: • Competence • Civility • Unquestioned Integrity • Interest in Community and Public Service The task force has also developed a questionnaire on issues pertaining to professionalism. The questions relate to scenarios arising frequently in the practice of law. Among the topics are: proving good character to be admitted to the bar, understanding the Oath of Admission to the Bar, focusing on law practice management for small firms and sole practitioners, and creating mentoring programs. Justice Randy Holland spoke from a perspective of a Supreme Court jurist as he explained that professionalism issues have attracted the interest of the Conference of Chief Justices, which has developed an action plan for use by state Supreme Courts. The Delaware Supreme Court has created a professionalism committee consisting of representatives of the office of bar counsel, bar presidents and representatives of each court. Among the concerns of the committee are unprofessional opening statements and closing arguments. Holland also serves as President of the American Inns of Court, which has implemented a national action plan that deals with professionalism issues. It is customary for a chapter of the American Inns of Court to hold three to four meetings per year with a focus on professional ethics. Program topics cover a wide range including the correct way to take a deposition. Holland also described the mentoring activities of American Inns of Court through which practical assistance and continuous reinforcement are offered. He further opined that courts are increasingly aware of the importance of setting the proper tone. A recent example of this is the decision of the Supreme Court of Delaware in the case of Paramount Communications, Inc. v. QVC Network, Inc., Del. Supr., 637 A. 2d 34 (1993). Holland expressed the view that judges must intervene in depositions when rulings are required and must insist on professional behavior in the courtroom. This program confirmed that a dialogue has begun among the law schools, the courts and the bar, which is encouraging. As part of the third branch of government, it is incumbent upon the members of the legal profession to exhibit the highest standards of ethical behavior. An ongoing dialogue, at the state and national level, works to raise the professional awareness of all practitioners. Contact: Randy J. Holland, 302/856-5363 rholland@state.de.us Robert K. Walsh, 336/759-5435 rwalsh@law.wfu.edu Pamela J. White, 410/685-1120 pjwhite@ober.com Resource: The ABA 29th National Conference on Professional Responsibility will be held in Chicago, May 28-31, 2003. For registration information, contact Laurie Crane at the ABA Center for Professional Responsibility at 312/988-5296 or send e-mail to ctrprofresp@abanet.org .
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Workshop:
Loan Repayment & Forgiveness Programs by Joseph A. Condo, NCBP Communications Committee ABA President Robert Hirshon began the workshop by describing his efforts to show how many law school graduates are affected by substantial debt as they begin their legal careers. He continued by explaining how the burden has influenced the ability of public-interest legal entities to recruit and hire lawyers. To publicize and address this problem, Mr. Hirshon established the ABA Commission on Loan Repayment and Forgiveness. He reported that, in response to his and the Commission's efforts, several new loan repayment assistance programs (LRAPs) have been established. Here is how a loan repayment assistance program works. In exchange for a commitment from a newly admitted lawyer to work in a public-interest position for a specified period of time, the program pays all or a portion of the lawyer's law school loans, with the amount paid determined on a sliding scale tied to the lawyer's salary. The required duration of the commitment varies, but generally the longer the commitment, the greater the portion of the debt that is paid or forgiven. The programs are usually established either by law schools, bar-affiliated foundations, or statutory enactments by states. Funding comes from foundations, nonprofit corporations, or, in the case of state-established programs, legislative appropriations. Curtis Caton, co-chair of the ABA Commission, outlined the problem. Starting salaries for legal aid offices, public defenders, prosecutors and local government counsel, and nonprofit organizations have always been significantly lower that those available at private law firms. Still, until recently these entities could usually count on attracting public-spirited recruits who entered the legal profession with their idealism at its peak. However, in recent years, burgeoning law-school tuition has required law students to incur previously unheard of levels of debt to complete their legal educations. This, in turn, has meant that even the most public-spirited law graduates cannot consider public-interest positions, since the lower salaries will not allow them to service their debt and still have enough funds left for basic living expenses. Caton emphasized that, at its core, this is an access-to-justice issue: Public-service legal services providers, in particular legal aid offices, are having increasing difficulty filling positions, because the salaries are insufficient to allow new lawyers to repay their education debt and still meet their living expenses. Kelly Carmody's involvement in LRAPs is personal: She has over $80,000 in education debt. Ms. Carmody is also director of the Arizona Bar Foundation’s legal services program, which was established in 1990 to provide legal-aid lawyers in rural areas, and is administered by the Arizona Foundation for Legal Services and Education. The program's annual budget of approximately $28,000 comes from IOLTA funds. As with most LRAPs, Arizona's has a maximum qualifying income (recently increased to $45,000) and a limit on the amount of grants (now $6,000). The payments are structured in such a way as to avoid the recipients being taxed. Current recipients receive grants ranging from $2,700 to $15,000 per year, and their annual salaries are between $26,500 and $44,000. Barbara Moulton described Georgetown University Law School's LRAP by pointing out that the law schools have clearly led the way in establishing loan repayment assistance programs, but that relatively few programs exist. A 2000 study concluded that 70% of LRAP funds were disbursed by six law schools. In the past year, Georgetown's program disbursed $750,000 to 120 recipients; only five law schools disbursed more. Moulton noted that the programs are beginning to have the intended effect: students who intend to practice public-interest law are choosing law schools with LRAPs. The Georgetown program is funded with endowments from the law school's tuition funds, and must compete for the same funds as scholarships. The program requires that a graduate take employment within two years of graduation with a nonprofit or government entity that provides legal services to underserved groups or communities. If the attorney remains in the position for five years, his or her loan is entirely forgiven. Benefits are calculated in relation to salary. To be eligible for forgiveness of 100% of a loan, the recipient's salary must be $35,000 or less. If the salary exceeds this, the attorney/graduate is responsible for a pro rata portion of the loan. The panelists were unanimous in asserting that the rising cost of legal education, and the commensurate increase in graduates' debt, are having a palpable and dramatic effect on public interest/legal services providers' ability to recruit and retain attorneys. The situation is so critical, said Curtis Caton, that before long, "if you don't fund LRAPs, don't bother funding legal services - there will be no one to work for them." Contact: Kelly Carmody, 602/340-7356 kelly.carmody@azflse.org Curtis M. Caton, 415/772-6092 ccaton@hewm.com Barbara Moulton, 202/662-9655 moultonb@law.georgetown.edu Resource: The ABA Commission on Loan Repayment and Forgiveness has developed an information resource package for bar associations or bar foundations that want to explore establishing an LRAP. Contact Dina Merrell at 312/988-5773 or by e-mail, merrelld@staff.abanet.org .
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Workshop: Lobbying by Bar
Associations and Bar Foundations by Alison L. Asti, NCBP Executive Council This workshop, produced by the National Conference of Bar Foundations, featured four speakers with diverse perspectives and gave bar leaders practical advice on lobbying by bar associations and bar foundations. William Weisenberg, associate executive director of public affairs and government relations at the Ohio State Bar Association, emphasized the critical role bar associations can play by providing expertise to legislative committees on legislation involving the administration of justice and constitutional law. With the number of lawyers in state legislatures continuing to decline, the ability of the organized bar to produce white papers or provide testimony on pending legislation is invaluable, and enhances the credibility of our associations. In order to be successful in this role, it is important that an association knows the players and establish working relationships. Robert D. Evans, associate executive director, ABA Governmental Affairs & Public Services Group, discussed his role as a representative of the ABA on Capitol Hill, and shared with bar leaders the resources that the ABA makes available for state and local bar leaders, including the Washington Letter and the ABA State Legislative Clearinghouse. He encouraged bar leaders to keep abreast of current issues and develop policy positions, in order to be prepared when an issue arises. Evans asked that bar leaders participate in ABA Day in Washington, which will be held on April 29-30, 2003. John Pomeranz, a nonprofit advocacy counsel of the Alliance for Justice, gave a PowerPoint presentation on tax issues relating to lobbying by bar associations and foundations. With regard to foundations, which have specific limitations on lobbying, he recommended making an election under IRC Section 501(h) (on Form 5768), in order to take advantage of clear standards for lobbying, which most foundations can easily follow. Timothy May, of Patton Boggs, began wrapping up with a discussion regarding his firm's pro-bono lobbying efforts for the bar association. Unfortunately, his presentation was interrupted by a hotel fire alarm and resulting evacuation. Contact: Robert D. Evans, 202/662-1765, rdevans@staff.abanet.org John Pomeranz, 202/822-6070, ext. 231, jpomeranz@afj.org William Weisenberg, 614/487-2050, ext. 3044, wweisenberg@ohiolaw.org
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NABE
Update When Kimberly Vann, leadership services coordinator in the ABA Division for Bar Services, requested that I provide an article for The Conference Call, I was not sure what I would do. She suggested that it include what has been happening with the National Association of Bar Executives, since the membership made a mistake and put me in the position of president as of August! So, I decided to copy one half of David Letterman and here are - "The Top Five Things That Are Going On With NABE!": 5) For the first time ever, the NCBP Executive Council had a joint meeting with the NABE Board of Directors in beautiful downtown Omaha, Nebraska, in September. NCBP President Dave Houghton was a marvelous host. 4) To improve coordination, a telephone conference call was held with the officers of NCBP, NCBF (National Conference of Bar Foundations) and NABE in September. 3) The NABE Board of Directors had an excellent meeting of its own in Omaha in September. Numerous important decisions were made including a review of the financial condition and financial audit for the organization. 2) In a strong commitment to receiving input from NABE members, the NABE board members agreed to call every single NABE member by January 2003 to receive their insight on the programs and activities of the organization. And the Number 1 thing that is going on with NABE is - - - we are going to have some FUN this year! Thomas R. Tinder, President National Association of Bar Executives
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NCBF
Update As president of the National Conference of Bar Foundations (NCBF), I look forward to working with both NCBP and NABE and sharing a common ground that will serve all of our members. NCBF links its members to a national network of resources through our newsletter, listserv and biannual meetings. Our paths with NCBP and NABE intersect most frequently at our biannual meetings. We will meet with NCBP and NABE in Seattle next February and participate with both of these organizations in the Friday morning programming. One of the workshops we are planning among all three entities will focus on the dynamic relationship between bar associations and bar foundations. Another NCBF workshop will explore the role of board and staff in nonprofit organizations in general, addressing some of the unique distinctions between the needs of bar associations and bar foundations. Many bar association officers and active members are looking for other leadership opportunities after they have served their bar association in various capacities. I became active in my bar foundation after I had served as bar president. I felt that I wanted to give back to our profession by engaging in philanthropic activities which would help raise the image of attorneys and help support legal services for those in need. I found that my experience as a bar association officer was an excellent credential to bring to the bar foundation world. NCBF is unique among the three organizations because it includes both foundation officers and foundation staff persons among its members. We try to strike a balance between both of these professional backgrounds on our board. If you are an officer or member of your foundation, please let me know if you would be interested in serving on our board. I welcome you to NCBF! Dee Miller Siegel, President National Conference of Bar Foundations
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Workshop: Real Lawyers/Real
Leaders by Steven R. Sorenson, NCBP Communications Committee The Saturday morning plenary, "Real Lawyers/Real Leaders," examined the need for lawyers to move beyond the familiar areas of private and corporate practice and venture into public service. Attendees enjoyed a lively exchange among panelists that included ABA President-elect Dennis W. Archer, who is also a former mayor of Detroit; Judge Kermit Bye of the Eighth Circuit Federal District Court; and Minnesota Department of Corrections Commissioner Sheryl Ramstad Hvass. NCBP Immediate Past President Laurel Bellows moderated the session. Panel members described how their involvement in local and state bar associations led to success in their chosen fields of service. They further stated how their skills as lawyers put them in the proper place at the proper time to perform public good. Commissioner Hvass mentioned how her experience as a lawyer, working closely with prosecutors, public defenders, judges, and others in the criminal justice system, had allowed her to reduce the gap between the criminal justice system and the corrections system. One example she cited was her effort to change sentencing for drug offenders and explained how experiences in the legal field had given her a better understanding of the nature of drug abuse and the need for drug rehabilitation and prevention instead of indeterminate incarceration. Judge Bye talked about how legislatively mandated sentencing guidelines had affected the judiciary and referred to these guidelines as examples of what can happen when lawyer leaders are not involved in the legislative process. He emphasized the importance of lawyers using their knowledge to resolve disputes, such as domestic problems, as well as other problems in society. Bye mentioned that in 38 years of practicing law, he found that bar leadership creates relationships that help get things done. He also spoke of how the development of such relationships had provided advantages as he advanced professionally. President-elect Archer said that the leadership of the American Bar Association and the National Conference of Bar Presidents should work together to bring ideas back to their communities, to assist the community at large and to improve the image of lawyers. He recalled how, as mayor of Detroit, he reached out to attorneys for assistance with city projects knowing they could get things done. Archer also mentioned how lawyers and the organized bar helped develop empowerment zones and pro bono programs as well as other efforts within the community that helped improve the community of Detroit. He challenged the group to get involved and suggested that each of the bar leaders visit their mayor, governor and other political leaders and tell them why the rule of law is so important in today's society. Archer said that lawyers should begin working with organizations such as the National League of Cities. Contact can be made on the national level or the local level. The U.S. Conference of Mayors is another good resource for state and local bar leaders to develop cooperative programs that emphasize the need for lawyer involvement in community policy development. Bye asked the audience to call their judiciary, to meet with them and not be bashful in seeking their participation in their community outreach programs. Moderator Bellows concluded the program by telling the bar leaders to take the ideas that they heard, share them with their members and expand the involvement of leadership on the local level. Resources: The U.S. Conference of Mayors is the official nonpartisan organization of cities with populations of 30,000 or more. Each city is represented by its mayor. Visit the web site at http://www.usmayors.org . The National League of Cities represents 49 state municipal leagues and approximately 1,800 member cities, towns and villages of all sizes in every state. Its web site can be found at http://www.nlc.org .
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Plenary: The Role of the
Legal Profession in the Community by Alison L. Asti, NCBP Executive Council Bar leaders attending the Friday morning plenary session were privileged to hear the remarks of the Honorable William H. Webster, former director of the Central Intelligence Agency, former director of the Federal Bureau of Investigation and former judge for the U.S. Court of Appeals for the Eighth Circuit. Currently a senior partner at Milbank, Tweed, Hadley & McCloy, LLP, Webster shared his views on the impact of the September 11 terrorist attacks on America’s legal system and talked about the leadership role of lawyers in our society. He said that leaders of bar associations should help lawyers develop the skills necessary to become community leaders and emphasized that the ability to exercise good leadership has and will make the difference in addressing the new challenges Americans face. Webster implored the audience not to allow feelings of shock and anger following the events of September 11 to change their core values. As vice president of President Bush's Advisory Council on Homeland Security, Webster also shared his views on the USA Patriot Act and its implementation. He urged lawyers to develop a response to the threat of terrorism, which maintains our tradition of freedom, and "preserves the American way of life, governed, shielded and protected by the rule of law." Resource: The Office of Homeland Security has published the book, The National Strategy for Homeland Security. Download a PDF version at http://www.whitehouse.gov/homeland/book/index.html .
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