| |
2003 NCBP MIDYEAR MEETING HIGHLIGHTS
The National Conference of Bar Presidents and
Metropolitan Bar Caucus held their midyear meetings February 6-8 in
Seattle. Several of the topics discussed are summarized in this edition of
The Conference Call.
|
| |
Workshop: Delivering Bar
Services Less Expensively
C. Joseph Holland, NCBP Communications
Committee
|
| |
William Weisenberg,
associate executive director of public affairs and government relations
for the Ohio State Bar Association, moderated a lively discussion
addressing the woes that states and counties are having as a result of
budget deficits and the impact this is having on the administration of
justice.
Weisenberg was joined by
Dow Constantine, a former state legislator in the state of Washington.
Constantine, who is also a lawyer/philosopher and a current member of the
King County Council, identified the huge budget deficit King County is
experiencing and how the judicial system in the county and state as a
whole are being adversely affected.
The judicial
system is faced with a dilemma--it must meet the constitutional
requirements in its
dealings with the public, but to do
so, it must have adequate funds. In
addition to hiring freezes and layoffs, |
|
administrators and
legislators are trying to keep people out of jail and out of the justice
system altogether, so early release and diversion programs are currently
attractive options.
Constantine lamented that
the state legislature has increasingly fewer lawyers and there is a
certain friction between the legislature and the judiciary that threatens
the "independence of the judiciary." During the last session, some
legislators wanted to essentially overturn the precedent created by
Marbury v. Madison.
Renee Radcliff,
also a former Washington state legislator, and currently manager of state
initiatives for Oklahoma Bar Association' management assistance program
demonstrated communications
software that the association had developed. The service provides not only
a free universal e-mail address for members, but features a variety of
members-only chat or forum areas. Users must log in under their own name
so that other users know that |
|
messages and
replies come from bar members. Allowing only members access
encourages the flow of ideas and more candor. The goal of the program is
to create an electronic community for bar members and to provide resources
at low cost to both the association and its members.
The common threads through
the presentation were the power of online resources and moving functions
in house to be cost-effective. The speakers also emphasized the care
needed to make the right decisions and that one size does not fit all.
Contact:
Jim Calloway, 405/416-7000
jmc@okbar.org
Loretta Topey, 504/566-1600
ltopey@lsba.org
David Whelan, 312/988-5026
wheland@staff.abanet.org
|
| |
|
|
|
|
|
| |
Workshop: States’ Money Woes and the Impact on the
Administration of Justice
by James L. Thompson, NCBP Communications
Committee
|
| |
William
Weisenberg, associate executive director of public affairs and government
relations for the Ohio State Bar Association, moderated a lively
discussion addressing the woes that states and counties are having as a
result of budget deficits and the impact this is having on the
administration of justice.
Weisenberg was joined by Dow Constantine, a former state legislator in the
state of Washington. Constantine, who is also a lawyer/philosopher and a
current member of the King County Council, identified the huge budget
deficit King County is experiencing and how the judicial system in the
county and state as a whole are being adversely affected.
The judicial system is faced with a dilemma--it must meet the
constitutional requirements in its dealings with the public, but in order
to do so, it must have adequate funds. In addition to hiring freezes and
layoffs, administrators and legislators are trying to keep people out of
jail and out of the justice system altogether, so early release and
diversion programs are currently attractive options.
Constantine lamented that the state
|
|
legislature has
increasingly fewer lawyers and there is a certain friction between the
legislature and the judiciary that threatens the “independence of the
judiciary.” During the last session, some legislators wanted to
essentially overturn the precedent created by Marbury v. Madison.
Renee Radcliff, also a former Washington state legislator, and currently
manager of state initiatives for Apple Computer’s strategic initiatives
group, outlined some rational steps that the judicial system could take in
cutting its costs, but it was clear that there is a “crisis in funding the
courts.”
Sara Beezley, president of the Kansas Bar Association, acquainted members
with the problems in Kansas. Hiring freezes and loss of secretarial staff
require many judges to type their own correspondence and court papers; the
chief judge no longer has a law clerk; mediations and home study programs,
although wonderful, have been eliminated; the travel budget has been cut
to the bone; mandatory furloughs for non-judicial personnel are occurring;
and there is friction between the legislative and judicial branches.
In Kansas, the judiciary must
submit its budget to the governor who, in turn, transmits it (as modified)
to the |
|
legislature. This
funneling of the judicial budget has worked to the detriment of the
courts. The budget crisis has become so intense that the chief justice of
the Kansas Supreme Court initiated a $5.00 filing fee in the state court
system to raise necessary funds to meet the judicial payroll. Although the
legislature does not like this, and calls it a “tax” that the judiciary
has no power to impose, the chief justice has adopted the filing fee under
the “inherent powers of the court” to maintain the judicial function.
Evidently, Kansas has a $315 million deficit and the economic picture is
getting worse.
Toward the end of the workshop, a lively discussion ensued as members of
the panel responded to various questions posed by the audience.
Contact:
Sara Beezley, 316/724-4111
beezleylaw@ckt.net
Dow Constantine, 206/296-1008
dow.constantine@metrokc.gov
Renee Radcliff, 425/239-8719
rradcliff@apple.com
|
| |
|
|
|
|
|
| |
Workshop: How to Live and Thrive
Under Keller
by Joseph A. Condo, NCBP
Communications Committee
|
| |
In 1990, the U.S.
Supreme Court, in Keller v. State Bar of California, 110 S.Ct. 2228
(1990), held that the First Amendment prohibited unified bars from
employing funds generated by mandatory member dues for activities
unrelated to the regulation of the legal profession and the improvement of
the quality of legal services - and, specifically, “activities of an
ideological or political nature.”
Many unified bars concluded that this decision sounded the death knell for
programs that fell outside the strict confines of their state-mandated
mission: not only lobbying, but also many other types of social events and
programs long sponsored by state bars, such as annual state bar meetings,
bar newsletters, local bar conferences or divisions, public relations, and
participation in the ABA and similar organizations.
In this well-organized, well-presented and extremely informative workshop,
the State Bar of Wisconsin demonstrated that Keller does not require the
abandonment of all non-mission-related activities by unified bars, after
all. Gerald W. Mowris and George C. Brown, immediate past president and
executive director of the Wisconsin bar, respectively, explained the
elements of the bar’s success as members of a panel moderated by NCBP
Executive Council Member Mary Torres.
The State Bar of Wisconsin, in the wake of the Keller decision, did
initially conclude that it could not remain an integrated bar and continue
all the activities it had historically engaged in, and was “de-integrated”
|
|
and rendered
voluntary by the Supreme Court of Wisconsin. However, in 1992, on petition
of the state bar, the Supreme Court of Wisconsin reinstated the integrated
bar.
The bar’s re-integration was accompanied by rules that permit the bar to
engage in the types of activities proscribed by Keller, but require that
the bar strictly delineate the portion of dues revenues used for these
activities and allow bar members to deduct from their dues a portion that
has been determined by the bar to be attributable to the Keller-prohibited
programs if they object to those activities.
But how can a state bar with a multimillion-dollar annual budget determine
with any accuracy the specific amount of its revenues attributed to
mission-related and non-mission-related activities? The process of
selecting out the specific percentage of the bar’s expenditures that can
be allocated to impermissible programs would seem on its face to be quite
complicated. But the Wisconsin bar’s presentation showed that, if the
necessary time- and record-keeping mechanisms are in place, it is a
relatively straightforward task for a bar to conduct the annual audit
required to determine the amount of funds expended on the limited
activities.
Two aspects of the bar’s record keeping are critical to the success of
this process: (1) all employees of the state bar maintain daily time
sheets specifying the programs and activities worked on and the time spent
on each, much like attorneys in private practice; and (2) the minutes of
board of governors and executive committee |
|
meetings reflect
the exact amount of time those bodies spend on each agenda item. The
annual allocation task is conducted by the bar’s executive committee.
A canvass is conducted of the bar and its various sections to determine
the specific programs, activities or projects of the preceding year that
fell outside the limits set forth in Keller. Since the Wisconsin rules
provide for arbitration upon demand of any member who contends that the
state bar has incorrectly determined the amount of dues that can be
withheld, the bar’s executive committee tends to be conservative in its
delineation of prohibited or permitted activity, so as to minimize the
chances of a costly and time-consuming arbitration.
The bar preapproves requests from any of its sections and committees that
wish to engage in lobbying, and closely monitors the amount of time spent
by the staff in supporting this activity. Also accounted for are any
payments for expenses or honoraria for speakers appearing at the bar’s
annual meeting.
The success of the State Bar of Wisconsin’s auditing system should prompt
unified bars that discontinued activities or programs as a result of
Keller to take another look at those programs and consider re-instituting
them.
Contact:
George Brown, 608/257-3838
gbrown@wisbar.org
Gerald W. Mowris, 608/255-4501
gmowris@prmk.com |
| |
|
|
|
|
|
| |
Workshop: Bar Associations and Bar Foundations -
Distinct and Complementary Organizations
by Steven R. Sorenson, NCBP Communications
Committee
|
| |
Bar association
and bar foundation leaders joined forces in “Bar Foundations and Bar
Associations: Distinct and Complementary,” a workshop jointly produced by
the National Conference of Bar Foundations (NCBF) and the National
Association of Bar Executives (NABE). Robert Craghead, executive director
of the Illinois State Bar Association, began his presentation by reciting
an excerpt from a speech that had previously been given by the Illinois
Bar Foundation president who told the board of governors of the Illinois
State Bar Association that “We are you.” Craghead said that statement
exemplified the foundation’s attitude toward the association.
The association has appointive powers over the foundation board. Twelve of
the 23 appointments to the foundation are made by the board of governors.
Additionally, the executive director of the Illinois Bar Foundation is an
employee of the Illinois State Bar Association and reports directly to the
bar’s executive director. This structure has proven to be the most
successful in preserving both the advantages of the relationship and
minimizing conflicts.
Craghead said that the organizations collaborate on record keeping,
financial management and volunteer projects. There are also social
functions that are often held together to ensure that the foundation’s
board of directors interacts with the association’s board of governors.
Shared efforts have led to the creation of an insurance company for
Illinois lawyers, joint programming and joint investments. Craghead said
that foundation advisors must make sure that IRS rules are reviewed and
observed.
Anne R. Yeakel, executive director of the Texas Bar Foundation and NCBF
Immediate Past President, explained how the roles of the organization are
different-- the bar associations serve |
|
From left to right: Robert Craghead, Anne Yeakel, William
O. E. Henry and Heather Bendit.
lawyers and bar
foundations serve the public. However, both focus on the same issues such
as the delivery of legal services, judicial independence and public
education. In Texas, the incoming bar president selects one-third of the
bar foundation’s board of directors. Because foundation board members
serve three-year terms, there is total involvement of leaders in the
association and foundation.
The executive director of the Texas Bar Foundation is an employee of the
State Bar of Texas. However, the foundation uses its own funds to pay for
all bar association services
received. The Texas Bar Foundation serves as the philanthropic arm of the
State Bar of Texas and maintains a liaison relationship to the Young
Lawyers Association, the board of directors of the state bar and the
judicial section of the state bar.
Foundations obtain funding in several ways, but one popular method is the
dues checkoff. The Illinois State Bar Association includes a $65.00 per
year foundation checkoff on its dues statement. Several other states
indicated they also use the checkoff system as part of the bar
association’s dues notice.
William O. E. Henry, who has served as both the president of The Florida
Bar and the Florida Law Foundation, gave his perspective as a volunteer in
both organizational structures. Henry explained that the Florida Supreme
Court created both the foundation and |
|
the bar when The
Florida Bar became integrated. The court oversees both groups that operate
from two separate headquarters.
The foundation is headquartered in Orlando and the bar is based in
Tallahassee. One-third of the members of the foundation are appointed by
the Florida Supreme Court, one- third from the association’s board of
governors, and one-third from the foundation board. The foundation manages
all IOLTA funds and provides law-related education programs for children.
Each panelist indicated that the grant program administered by the
foundation handles requests from the bar association as it would requests
from any other organization. The association is required to go through the
entire application process, which prevents the association from having IRS
problems. Similar practices occur when the foundation negotiates with an
association for rent or service fees. Likewise, all members of the
foundation’s board are required to provide full disclosure of any
potential conflicts as would be required of any director in a tax-exempt
private foundation.
The panel concluded by insisting that bar foundations and bar associations
can work together effectively and efficiently as long as the rules as
prescribed by the Internal Revenue Service are observed. Maintaining legal
autonomy while integrating the efficiencies of mutual services appear to
be key ingredients for a successful relationship between both
organizations.
Contact:
Robert Craghead, 217/525-1760, ext. 155,
rcraghead@isba.org
William O. E. Henry, 407/244-5161,
whenry@hklaw.com
Anne R. Yeakel, 512/463-1463,
ayeakel@texasbar.com
|
| |
|
|
|
|
|
| |
Diversity Fellowships Available for
Annual and Midyear Meetings |
| |
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 annual meeting in San
Francisco and midyear meeting in San Antonio. 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 San Francisco
and San Antonio 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.
|
| |
|
|
|
|
|
| |
Workshop: What the Economic
Downturn Means to Lawyers
by Raymond T. (Tom) Elligett Jr., NCBP
Communications Committee
|
| |
NCBP
Executive Council Member Kay Hodge moderated a diverse panel of legal
professionals and a human resources expert and opened the discussion by
noting the factors leading to lawyers losing their jobs: the struggling
economy, the demise of some large firms, and government and private sector
layoffs.
Kristina Moris, principal in The Washington Firm, a human resource
consulting firm, noted that employers need to address the impact on those
laid off and the “survivor syndrome,” which impacts the productivity of
those still employed. According to a handout Moris presented, some of the
effects of a spiraling economy are manifested among lawyers as:
•Heightened fear, anxiety, stress about job security
•Heightened anger, “dis-ease,” stress
on relationships and low grade depression (may be more severe for some)
•Heightened isolation; less
collaboration
•Growing doubts, questions about staying in the law profession (even among
some of the most talented, valued lawyers in the firm).
Bar associations, according to Moris, can help affected members who are
unemployed or facing unemployment by providing lists of potential
professions for lawyers who wish to leave the traditional practice of law;
creating job opening and referral systems; developing preferred provider
lists including career management/outplacement firms, legal recruiters and
mental health resources (EAPs); and .
|
|
From left to right: Kay Hodge, Rebecca Nerison, Kristina Moris and Kathy
Morris.
negotiating discounts with these providers for members
and member firms, along with other substantive ways Kathy Morris, director
of the ABA Career Resource Center and long-time career counselor,
described how the center helps lawyers focus on career and job
satisfaction issues and invited audience members to visit the center’s
site at
www.abanet.org./careercounsel Attorneys seeking assistance in
modifying their career path and beginning a job search were encouraged to
peruse Attorney By Attorney, the site’s online profile showcase that
highlights 34 practice areas along with some alternative careers. It also
provides tips on researching a practice area, language to use for resumes
and cover letters and job search tactics.
Other Web site features include a listing of state and
local bar association career resources and the Tuesday Job Search Answer
Board, a weekly question and answer forum hosted by Morris.
Drawing from the article, “Unemployment and the Modern Lawyer,” panelist
Rebecca Nerison, a |
|
psychotherapist
with the Washington State Bar Association’s Lawyers’ Assistance Program,
explained why unemployment, especially among lawyers, can be debilitating.
“The obvious reason unemployment hurts is that lack of income threatens
survival… In our culture, well-being depends on money. For most of us, our
personal income ensures that we have enough to eat, a place to live,
safety (to some degree), and access to medical care. It’s easy enough to
see that when income and savings are threatened, fear quickly dominates,”
she said.
Nerison described how the Washington bar has expanded its services from
substance abuse issues to assisting lawyers who are depressed sometimes
because they cannot get jobs. It has encouraged those who feel overwhelmed
by fear, sadness, shame or anger as a result of being out of work to seek
professional counseling. Enlisting the support of concerned family,
friends and colleagues is another option. In these uncertain economic
times, Nerison advocated reducing debt, saving six months of salary and
taking inventory of one’s skills as proper preparation for those still
employed, in case the worst does happen.
Contact:
Kristina Moris, 206/284-4800
kmm@wafirm.com
Kathy Morris, 312/988-6192
morrisk@staff.abanet.org
Rebecca M. Nerison, 206/727-8629
rebeccan@wsba.org |
| |
|
|
|
|
|
| |
Workshop: Defining the Practice of Law - In Whose
Interest?
by Albert C. Harvey, NCBP Communications
Committee
|
| |
The Friday afternoon plenary
featured speakers from New Hampshire, Wisconsin, Washington, Oregon and
Michigan who discussed the topic, “Defining the Practice of Law - In Whose
Interest?” In response to the intrusion of other professionals,
paraprofessionals, and lay persons into the traditional areas of law
practice, some states are making an effort to define the practice of law.
Will this effort assist in the enforcement of prohibitions against the
unauthorized practice of law (UPL)? How can the enforcement be achieved
without limiting pro se representation and programs to advance access to
justice?
The panelists, all from states with definitions in place, examined the
questions raised above in the context of existing and anticipated
litigation. Most of them agreed, as did the audience, that there is no
easy answer, but having a definition of the practice of law by statute or
court rule is worthwhile for UPL. If properly applied, the statute or
court rule can accommodate the access to justice issues. A properly
drafted statute or rule can also be applied without overly protecting
lawyers or being anti-consumer, the main criticisms levied by the
Department of Justice and the Federal Trade Commission.
An accurate definition of practice of law will be valuable in assisting
the profession to deal with (1) client confidences, (2) access to legal
services, (3) multi-disciplinary practice and (4) multi-jurisdictional
practice. The definition lies at the intersection of these concepts. It
can also provide uniformity among the states.
One of the best definitions of the practice of law was adopted by the
Washington State Supreme Court. It begins by using four main principles:
(1) Giving advice or counsel on legal rights or responsibilities;
(2) Drafting legal documents which affect the legal rights of an entity or
person;
(3) Representation in court or formal administrative adjudicative
proceeding; and
(4) Negotiation of legal rights or responsibilities.
The definition also lists a number of exceptions and exclusions to comply
with existing state law. The state of Washington has established a
practice of law board to regulate the practice. The board (1) investigates
and refers UPL incidents to prosecutors and (2) regulates those areas
where nonlawyers can work. It is this second function which has
successfully mapped out areas for form providers, paralegals, and others.
Another effective part of the rule provides a civil action for UPL.
An idea advanced at the program to assist in the access to justice area
would be to permit certain nonprofit organizations to provide court
approved forms and give certain advice under the general supervision of a
lawyer. The areas often mentioned as needing the service are debt, minor
offenses, small claims, and certain domestic issues. By defining the
practice of law, states can ensure that the public receives at least the
minimum level of legal competence. Through examination and licensing, the
state and its courts can determine that those who practice law are
educated, trained, disciplined, and accountable.
The leadership of the American Bar Association believes that an
appropriate definition of the practice of law by statute or court rule can
assist with this difficult issue, and for that reason, President Alfred P.
Carlton Jr., and the ABABoard of Governors established a Task Force on the
Model Definition of the Practice of Law (MDPL). A preliminary report has
been issued and hearings are being held. The final report is anticipated
at the annual meeting in San Francisco in August.
Contact:
Patricia Ballman, State Bar of Wisconsin,
414/277-5145, pkb@quarles.com
Randall Cooper, NCBP Executive Council,
603/356-5439, rfcooper@cdc-law.com
Steve Crossland, Washington Practice of Law Board,
509/782-4418,
steve@crosslandlaw.net
George Riemer,Oregon State Bar, 503/431-6405,
griemer@osbar.org
Janet Welch, State Bar of Michigan, 517/346-6300,
jwelch@mail.michbar.org
|
| |
|
|
|
|
|
| |
NCBP Goes "In Search of Everest" during Joint Luncheon
by James L. Thompson, NCBP Communications
Committee
|
| |
The NCBP/NABE/NCBF
Joint Luncheon attendees were entertained by a rock star of a different
kind-- Adrian Burgess, a world-class mountain climber and published author
who has climbed almost every major mountain in the world, including Mt.
Everest. His slide show and presentation, “In Search of Everest,” was
highly engaging and interesting.
He began as a lad of 14 in England where he and his twin brother began to
climb nearby rock formations with clothesline rope. As they got older,
they started climbing various mountains in France. He confessed that they
were “wild ones” and that for that reason, some of the established
climbing experts would not “invite them” to participate in the more
extreme climbing. Nonetheless, they got there on their own.
Burgess explained how they wished to climb one of the large peaks in
India. They were without money to fly there, and hence they decided to
drive all the way from England to
|
|
Adrian Burgess addresses the NCBP/NABE/NCBF Joint Luncheon.
India. To do so, they needed a van in pretty good
condition because of the nature and length of the trip. They secured a
“loan” from the bank, climbed the difficult peak after an interesting road
trip and then decided they needed to climb some of the larger mountains in
South America. This, in turn, conflicted with their employment as teachers
--- they didn’t have enough time to accomplish the climbs. So, they kissed
their teaching careers goodbye and went to South America to climb some of
the more significant peaks there. |
|
They were often
climbing against time and racing to get up the peaks in record time or to
avoid weather problems. Many times, the weather was sufficiently severe
that as soon as they got to the top, they needed to scramble down as fast
as possible to avoid being locked in at the summit.
In one extreme climb, Burgess recounted that they were without food and
slowly starving. In order to drive themselves on, they thought about food.
The prize was a roasted chicken that was being sold in a small village
near the bottom of the mountain. Burgess explained that the thought of the
chicken and their hunger drove them to a successful completion of the
climb and it is an incident they all laugh about today.
Burgess ended his presentation by explaining the legal contract that he
prepared for people who came in contact with himself and his brother as
mountaineers or recreational climbers. On the back, it had “Terms and
Conditions” as only he could write them. All in all, he made the practice
of law seem very tame indeed.
|
| |
|
|
|
|
|
| |
Metro Bar Caucus Plenary: Funding Justice Initiatives
by Stephen E. Chappelear, NCBP
Communications Committee
|
| |
The Metropolitan
Bar Caucus devoted the substantive portion of its plenary session in
Seattle to a discussion of successful efforts to obtain funds to support
justice initiatives and the related political issues.
Funding for the courts is an issue in many cities, and certainly so in
Seattle, where the King County Council described the county’s current
budget problem as “the perfect storm.” Carolyn D. Davis, president of the
King County Bar Association, noted her efforts in educating members of the
bar association as well as local politicians about the budget crisis’
effect on the justice system. She wrote a president’s page column pointing
out a reduction in the court’s budget by one million dollars, the
subsequent elimination or curtailment of services, and the resultant
delays as more cases proceeded to trial due to the servicecuts. Ms. Davis
also spoke at a bench-bar Conference last November as a member of a panel
discussion, “Can King County Afford Justice in the 21st Century?”
In addition, the KCBA officers met with several members of the King County
Council to make sure they understood the importance of the civil Judge
John T. Wooldridge, of the Harris The KCBA also placed members on a state
task force on court funding, and set up its own task force to address the
court funding issue. The KCBA plans to set up a website to provide members
with up-to-date information about court funding, budget hearings,
legislative proposals affecting funding, and related issues. The goal is
to allow members to be better informed so that they could relay their
opinions to their elected officials.
Amy Dunn Taylor, past president of the Houston Bar Association, and County
(Texas) District Court, discussed the soon to be constructed Harris County
Civil Justice Center in
|
|
Houston, Texas.
The Civil Justice Center will be a 17-story courthouse, with 660,000 gross
square feet, housing 37 typical courtrooms, one tax courtroom, one
ceremonial courtroom, and six additional completed courtrooms for future
expansion. Also housed in the building will be the clerk’s office, court
administration offices, and an attorney lounge with a law library.
The building construction cost is estimated at $120,975,000. Taylor and
Wooldridge discussed the involvement of the Houston Bar Association in
raising public awareness about the need for construction of the Civil
Justice Center, and the need for public funding for this important
project.
The officers of
the HBA formed a committee, “Texans for Justice”, which had two primary
functions. The first was to raise money from lawyers to fund a public
relations campaign, and the second was to use those funds to promote a
“get out the vote” effort to secure passage of a bond issue for funding of
the construction. The HBA was successful in raising almost $250,000 for
the public relations campaign, which resulted in great success, with a 67%
approval by the voters for the bond issue. Ground broke on February 11 for
construction, with completion estimated in the summer of 2005.
Another critical justice initiative is to provide access to justice for
the masses unable to afford to hire their own lawyer. The organized bar,
speaking through county, local, and specialty bar associations, has
provided strong and persistent calls for reform to provide adequate
compensation to attorneys representing the indigent.
One bar association, however, the New York County Lawyers’ Association,
has gone a step further. Norman Reimer, president-elect of the NYCLA,
talked about his bar’s lawsuit against New York State alleging that New
York’s compensation scheme has caused |
|
systemic
deficiencies which have created an unacceptably high risk that children
and adults will be denied their constitutional right to meaningful and
effective assistance of counsel.
Prior to the lawsuit, New York ranked 49th among the states in providing
compensation for assigned counsel. The chief administrative judge in New
York county called the crisis “a deplorable situation for a state with a
longstanding commitment to providing its citizens equal access to
justice.”
On February 5, 2003, Judge Lucindo Suarez of the Supreme Court of the
State of New York, County of New York found beyond a reasonable doubt that
New York State’s failure to increase the compensation rates for assigned
counsel violates the constitutional and statutory right to meaningful and
effective representation. The court declared the statutes setting forth
compensation rates unconstitutional as applied, and directed payment of
$90 per hour without distinction between in and out of court work, and
without ceilings on total per case compensation.
The session ended with a question and answer period with the audience and
panel. Attendees then gathered together in smaller groups for roundtable
discussions.
Contact:
John Cary, 206/224-8253
caryj@att.net
Caroline Davis, 206/628-0890
cddavis@oz.net
Norman Reimer, 212/267-2600
nreimer@grglaw.com
Amy Dunn Taylor, 713/787-1663
taylora@howrey.com
John T. Wooldridge, 713/755-7594
judge@269th.com
|
| |
Workshop: Defining the Role of the
Board and Staff
by Tom Bolt, NCBP Communications Committee
|
| |
Organizational
expert Marc Smiley, adjunct professor at Portland State University in
Oregon, led the workshop, “Defining the Role of the Board and Staff in
Nonprofit Management and Governance,” sponsored by the National Conference
of Bar Foundations and the National Conference of Bar Presidents during
the ABA Midyear Meeting in Seattle, Washington.
Smiley outlined how boards and their staffs work together to coordinate
the complementary functions of governance and administration, policy
development and implementation, as well as oversight and management.
“All nonprofit organizations,” Smiley said, “inevitably [have]
cross-over.” Boards routinely are called upon to manage and staff to
govern. Many non-profits have the luxury of hiring staff to help fulfill
parts of their responsibilities. Most nonprofit organizations’ functions
can be divided between governing functions reserved for the board and
management functions often delegated to staff. Governing functions are
those that provide the essential direction, resources, and structure
needed to meet specific needs in the organization and include:
Strategic Direction
Boards should focus on long-range planning issues confronting the
organization. For key strategic issues, they often create a committee
which works with the executive director and usually third-party
consultants to plan retreats and brainstorming sessions to foster
long-range planning. Once an organization’s strategic plan is in place, it
is important that each member of the board understands and “buys into” the
vision, mission, goals, and objectives which the entire board has
approved.
In addition, board members should understand the organization’s programs
and services and specify to its executive director what information it
needs to monitor the quality and effectiveness of its programs. Smiley
noted that, “the entire board should review the organization’s mission in
the context of strategic planning at least every three years.” “The
mission should be clear, concise, and understood by board and staff,” he
said.
A strategic planning process builds consensus about where the organization
wants to go and how it hopes to get there. A mission statement shapes the
visions of the board members into a single vision for the organization.
Goals and strategies further define the strategic direction of the
organization, while annual plans, work plans, and |
|
program budgets
ensure that the plan serves as the framework for all activities.
Staff gets
involved by collecting and formatting information needed for planning in
an understandable and accurate manner. The staff also drafts the
organization’s strategic plan utilizing the board-approved vision,
mission, and goals and subsequently submits the plan to the board’s
strategic planning committee for review.
Resource Development
Each board member must understand the need for contributions as well as
the organization’s fundraising strategies. Smiley explained that “for
organizations that have clear plans and good people, fundraising becomes
less of a challenge and more of an opportunity.”
Long-term program plans make possible the development of long-term
fundraising plans, which look beyond the current budget and examine the
long-term potential for resource development and furthering the mission of
the organization. A stable fundraising program balances on a broad base of
revenue sources, including memberships, appeals, special events, grants,
major donor gifts, investments and planned giving programs.
The executive director informs board members about fundraising
expectations. Staff works with board members to identify the area in which
they will participate and with the board chair to identify appropriate
gift levels for each board member. They are also charged with the
responsibility of making certain that board members receive appropriate
recognition for their contributions in fundraising.
Resource development is not limited to just finances, but includes the
organization’s stock in the community. Each board member should actively
promote the organization in his or her circle of contacts. The board
members may also be asked to make presentations or help the organization
make needed contacts. Finally, the board should ensure that the
organization has a marketing and communications plan along with
adequate resources to implement the plan. They also determine if the plan
is being effectively implemented.
Staff assists by preparing the plan; providing board members with useful
information; determining each board members’ circle of contacts; and
ensuring that they are appropriately used.
Financial Accountability
With the advent of heightened public awareness of board governance has
come increased scrutiny of financial accountability. The board usually
elects a treasurer who chairs the finance committee. Smiley noted that the
full |
|
board should
receive financial reports no less than each quarter and that any
discrepancies are explained by the treasurer. The board also approves the
annual selection of the auditor on a recommendation from the finance
committee and reviews the audit report and management letter. The staff
prepares the annual budget for approval of the board, provides regular
staff reports and responds to recommendations in the audit management
letter.
The executive director assists the board in finding evaluation instruments
and calendaring the process. The staff further facilitates accountability
by maintaining the board manual and keeping it up to date. The executive
director also recommends committee chairs to the board chair and works
with the chair on meeting agendas.
Leadership Development
The board promotes leadership development by establishing its own
development committee to recruit and nominate new board members. The board
development committee is charged with identifying necessary skills and
attributes and searching for individuals who have an interest in the
organization and meet the criteria. The committee also works with staff to
provide a new member orientation process for the board and identifies
training and education needs. The board’s chief leadership development
responsibility regarding staff is the selection of the executive director
and periodically reviewing his or her performance.
In conclusion, Smiley urged his audience to “seek greatness,” urging
organizations to get outstanding people on their boards and utilize
strategic planning to the benefit of the nonprofit organization and its
mission.
Contact:
Marc Smiley, 503/249-0000
marc@marcsmiley.com
Resource:
The BLI, sponsored by the ABA Standing Committee on Bar
Activities and Services and the ABA Division for Bar Services, is an
intensive two-day seminar that focuses on the techniques and skills
essential to the effective "stewardship" of a bar association. The 2003
Bar Leadership Institute Handbook, is distributed at the meeting and
contains information on leadership, governance, finance, communication,
committee/sections, and membership. The handbook is now available for $40.
To view the table of contents or to order, visit:
www.abanet.org/barserv/pubs.html
|
| |
|
|
|
|
|
| |
Workshop: The Paperless Bar Association
by Stephen E. Chappelear, NCBP
Communications Committee
|
| |
Two veteran bar
executives extolled the virtues of new technology available to communicate
with bar association members.
Christine Burdick, executive director of the Santa Clara County Bar
Association, said that her bar association decided on December 3, 1999, to
transition to electronic communication with members a month later, on
January 3, 2000. No Y2K trouble resulted, and she now has three years of
positive experience to share.
Essential to success is the gathering of email addresses; the “Bar
Association of Silicon Valley” now has email addresses for all but about
100 of its 3900 members (a 97% success rate!).
Burdick suggests six reasons to go paperless:
• Money
• Streamlining operations
• Attracting large firm attorneys
• Positioning to bring in new lawyers accustomed to the Internet
• Competing with Internet providers
• Money (starts with and ends the list)
The SCCBA Web site is dynamic, not static. It changes every day. The site
has over 2000 pages, all created by bar association staff.
The bar membership has responded enthusiastically. The old Web site
|
|
averaged 10,000
hits a month. Within a month on the new Web site, the SCCBA was averaging
350,000 hits, and is now at about 423,000 hits a month. And the members
are really reading the information. The average “visit” to the site is
nine minutes (a long time in cyberworld), and each visit averages a
viewing of 11 Web pages.
The most popular Web pages have been the Home page, the Law Practice
Resource Center/Practice Area Index, the Membership Directory, Lawyer
Referral Service, CLE calendar, and CLE registration.
The SCCBA also eliminated paper at seminars. Instead, the registrants are
all able to download materials online.
The SCCBA has been pleased with the impact on membership. One hundred new
members joined within a month after the paperless launch, with a total of
350 new members since then. All of these new members renewed for 2003.
In Pittsburgh, Allegheny County Bar Association Executive Director David
Blaner is a big fan of email blasts. He noted that the ABA 2001 Inventory
Report showed that 29 metropolitan bar associations were using email
blasts to communicate with members.
The reasons to use this communication medium include:
•Direct communication with
members
•Reduced mailing costs and staff time
•Timely communication with members
•Quick method of conducting member surveys |
|
The ACBA began
using email blasts after a membership survey showed that this was the
overwhelming favorite as a method of communication. The email blasts are
sent weekly. Among the items included are:
• Upcoming events and CLE
• Committee and section activity
• Attorney job postings
• Real estate listings
•Legal-related programs and seminars
• Press releases
• Updates on fundraising campaigns
• New member benefits and services
The ACBA does not permit advertising in its email blasts, but Blaner notes
that this is a potential revenue source for bar associations. The ACBA has
decided not to allow members to “opt out” of receiving the email blasts.
The Fairfax County Bar Association sends its email blasts every week. The
Atlanta Bar Association sends its out every other week, and limits the
content to one page on the screen. The Beverly Hills Bar Association sends
its email blasts once a month.
Contact:
Christine Burdick, 408/287-2557
chrisb@sccba.com
David Blaner, 412/402-6601
dblaner@acba.org
John Norwine, 513/381-8213
jcnorwine@cincybar.org
|
| |
|
|
|
|
|
| |
Bar Leaders of Color Gather in Seattle
by Steven R. Sorenson, NCBP Communications
Committee
|
| |
At the midyear
meeting, bar leaders of color from Pennsylvania, New Jersey, Maryland,
Massachusetts, New York, Texas, Louisiana and the District of Columbia,
joined by members of the NCBP Executive Council and the president-elect of
the National Bar Association, gathered for an insightful forum that
explored how to cultivate minority leadership.
Bar leaders invited NCBP officers to attend meetings of minority bar
associations and begin mentoring and networking at the local level with
the associations on their turf. This approach, coupled with the increased
involvement of minority lawyers in programs at the midyear and annual
meetings, could further NCBP’s efforts to foster leadership opportunities
for minorities.
|
|
Another issue was
the need for NCBP to prepare lawyers of color who are about to lead a
majority bar. Executive Council members encouraged those present to assist
NCBP in developing a directory or list of all lawyers of color who are on
the leadership track of a majority or minority bar.
It was also suggested that a fellows program be used to mentor minority
bar presidents who seek to eventually preside over majority bars. Both the
organization and the individual would benefit from such a program,
everyone agreed.
The group acknowledged the current phenomenon of minority lawyers of them
appear on panels discussing issues not limited to diversity and suggested
as potential program ideas |
|
topics such as
becoming a minority bar leader of a majority bar and how to identify
attorneys of color in the leadership pipeline.
|
Resources:
The March/April 2003 issue of Bar Leader
focuses on the diversity of state bar presidents, pioneering bar
leaders, national minority bar associations and profiles Fred Gray,
attorney to civil rights icons Rosa Parks and Martin Luther King Jr.
and the first African-American president of the Alabama State Bar. To
order a copy, contact Marilyn Cavicchia at 312/988-6071.
|
|
| |
|
|
|
|
|
| |
Plenary: Featuring Seattle - Two Efforts with National
Impact
by Paul M. Hassett, Chair, NCBP
Communications Committee
|
| |
The Saturday morning plenary was
devoted to highlighting programs of the host local bar, the King County
Bar Association. Entitled “Featuring Seattle: Two Efforts with National
Impact,” the session was presented by Roger Goodman, director of the drug
policy project of the King County Bar Association; Fred Noland, chair of
the drug policy project and past president of the bar; Brad Smith, general
counsel of the Microsoft Corporation; and Edwin C. Yohnka, vice chair of
the ABA Commission on Immigration Policy Practice and Pro Bono.
The first featured program described the report of the KCBA Drug Policy
Project, the outgrowth of an editorial by then-President Fred Noland which
served as the intellectual platform for a broad program of public
policy-oriented debate on education and reform. The key initiatives of the
program were to increase the scope and effectiveness of drug addiction
treatment programs, reform and improve drug abuse prevention programs and
drug education programs in schools, and promote a
|
|
shift from the principal reliance on
criminal sanctions as a response to drug use towards greater availability
of effective addiction treatment.
After the release of its report, the Drug Policy Project then shifted its
focus to assist in drug sentencing reform and a drug sentencing bill was
enacted in both houses of the Washington State Legislature and thereafter
signed into law by Governor Gary Locke. This reform legislation has been
hailed nationally as a significant shift in state-level drug policy.
The King County Bar Association Immigration Project was prompted by the
fact that immigrants appear by counsel in court less than 10% of the time
while the government has counsel 100% of the time. The problem is, of
course, most prevalent in major east and west coast cities where most
immigration litigation takes place. On the other hand, 10% of Virginia
residents are non-citizens, a demonstration that immigration is not a
problem solely in large northeastern metropolitan areas and in the west
coast cities.
|
|
The bar association’s partnership
with Microsoft Corporation was initiated by Brad Smith, Microsoft’s
general counsel, as a pro bono project of his corporate counsel
department. The corporation provides funds for the pro bono project
director, although the director is housed in a private law firm. The
initiative is designed to provide legal counsel to asylum seekers in the
Washington State area who are held in detention pending their applications
for asylum.
Further information on both of these projects is available from the King
County Bar Association.
|
| |
Plenary: Gideon’s 40th
Anniversary
by Dee-Dee Samet, NCBP Communications
Committee
|
| |
The 2003 NCBP
Midyear Meeting ended on a substantive note as experts on indigent
criminal defense discussed the state of the system, 40 years after the
Gideon v. Wainwright case.
Norman Leifstein, chair of the Indigent Defense Advisory Group of the ABA
Standing Committee on Legal Aid and Indigent Defense, said the
consequences were not what the Gideon case envisioned. The amount allowed
for defense fees does not encourage participation by many attorneys. The
contract for the defense goes to the lowest bidder and there are not
sufficient resources for investigation and costs. He challenged bar
presidents, boards and leadership to promote indigent defense reform.
Defendants facing the death penalty are entitled to effective legal
representation in the post-conviction phase. Unfortunately, there is a
lack of attorneys with experience in this area. Leifstein said that [state
and local] bar associations, and the ABA, should continue to recruit and
train competent lawyers for indigent defense.
Robin Maher, director of the ABA Death Penalty Representation Project,
explained why various bars should allow the project’s attorneys to give
presentations showing the need for lawyer representation in
|
|
death penalty cases. The project
disseminates information to facilitate more lawyer involvement and to
ensure that defendants are represented by experienced counsel.
It was reiterated that the
defense fees currently paid are too low and that bars should work to
increase the rates. Richard Manning, president of the Washington State Bar
Association, echoed these sentiments and said that bar associations must
work to get more competent attorneys involved in this type of defense and
to obtain better compensation for it.
According to Lawrence C. Marshall, a professor at the Northwestern
University School of Law and legal director for the Center on Wrongful
Convictions, there needs to be a focus on equality and equal justice under
the law. Gideon recognized the goal of equality and that the great
equalizer is the lawyer. There can be no justice if the defendant does not
have proper legal representation.
The quality of representation a defendant receives varies by district. In
Georgia, a defendant spent 11 months in jail on a loitering charge before
he was assigned a lawyer. In another case, the defendants conferred with
the prosecutor, reached a plea agreement and were not given any
information about their right to counsel until after they pled guilty. It
was only during the recitation by the judge taking the plea that the
defendants were informed of
|
|
their right to counsel.
Some public defenders are so understaffed and underfunded that they cannot
be the solution. There have also been horror stories of incompetent
representation by appointed lawyers. Professor Marshall talked about one
lawyer who did not stay in the courtroom when his client was testifying.
The defendant was sentenced to death. In another case, a Texas lawyer
slept during the trial. The court said that the defendant has a right to a
lawyer during the trial, but there is no requirement that the lawyer has
to stay awake. This was upheld on appeal, but was eventually reversed.
Some lawyers that are appointed have later been disbarred and the
convictions have still been upheld.
Professor Marshall concluded by stating that bars should educate the
public about the travesty that is occurring in the system and that bar
leaders should urge their associations to challenge a system which results
in ineffective counsel for indigents.
|
Contact:
Norman Lefstein, 317/ 274-2581
nlefstei@iupui.edu
Lawrence C. Marshall, 312/503-8649
J. Richard Manning, 206/623-6302
|
|
| |
|
|
|
|
|
| |
NCBP Members Wanted for Committees
|
| |
NCBP members can
make a significant contribution to the efforts of the organization by
seeking an appointment to a standing committee or task force. NCBP
President-elect Paul Moxley will appoint individuals to serve one-year
terms on the following committees for the 2003-2004 organizational year:
Communications Committee -
The committee provides NCBP members with information and materials
that will enhance members’ roles as leaders of their organizations. In
addition, the committee generates information about the organization’s
activities and services. The primary vehicle through which this is
achieved is the semi-annual electronic newsletter, The Conference Call.
Committee members write articles for The Conference Call and coordinate
their activities through assigned staff. The committee also contributes
content for and oversees the NCBP’s web site,
www.ncbp.org
Finance Committee -
The committee makes such recommendations as necessary to the Executive
Council to safeguard the financial security of the NCBP. Members review
financial statements,
|
|
make budget
recommendations and develop potential sponsors for NCBP programs and
activities. The NCBP treasurer chairs this committee.
Membership Committee -
The committee promotes and maintains membership in the NCBP. It oversees
staffing of the annual membership drive, makes recommendations regarding
promotional materials, and conducts outreach to NCBP’s potential and
actual membership. The committee hosts new member breakfasts at annual and
midyear meetings.
Program Advisory Committee -
The Program Advisory Committee works with the Program Committee (a
subcommittee of the Executive Council) to plan and implement
comprehensive, high-quality programming for the midyear and annual
meetings. Duties include making recommendations for content, speakers,
social events, etc., within the financial limits of the organization;
speaker coordination; facilitating on-site activities, etc. The NCBP
president-elect chairs this committee.
Task Force on Diversity -
The Task Force on Diversity implements strategies in support of the NCBP’s
|
|
goals of setting
an example of diversity in its leadership, programs, and activities;
helping bar leaders of color to enjoy increased success as bar leaders;
and to offer bar associations substantive programs which will enhance
their diversity-related efforts.
Appointees are expected to attend two meetings in person (held in
conjunction with NCBP annual and midyear meetings) and 2-4 meetings via
conference call during the year. Committee meetings are scheduled for
February 5, 2004, in San Antonio and August 5, 2004, in Atlanta.
Those interested in serving on a committee or task force can download a
committee form from NCBP’s web site by going to
www.ncbp.org Next, click on
“Committees” and select the “NCBP
2003-2004 Committee Form.” Fax the completed form to Pamela
Robinson, ABA Division for Bar Services, at 312/588-5492.
Forms must be received by July 7, 2003. All committee appointment
applicants will be notified of their assignments by July 14. If you have
any questions, you may call Pamela at 312/988-5345 or you can send an
e-mail to
robinsonp@staff.abanet.org |
| |
|
|
|
|
|
| |
Executive Council Member Honored by National Writing Award
|
| |
Michael H. Rubin,
a member of the NCBP Executive Council, has been named a 2003 recipient of
the Burton Award for Legal Excellence. Rubin, who heads the Baton Rouge
office of the multi-state firm of McGlinchey Stafford, , is the first
Louisiana lawyer to receive this prestigious national honor, and one of 15
attorneys nationwide to be so recognized. Rubin was honored for his
article, “Breaching the Protective Privity Wall: Expanding Notions of Real
|
|
Estate Lawyers’
Liability to Non-Clients.”
The Burton Award, established by a former Attorney General of New York to
recognize superiority in legal writing, is extremely competitive. The
fifteen 2003 Award recipients were selected from hundreds of nominations
submitted by the 500 largest law firms in the United States.
The awards ceremony was held on June 17, 2003 in Washington, D.C. at the
|
|
Library of
Congress, which is a cosponsor of the Burton Awards. Keynote speaker for
the event was Tim Russert, moderator of Meet the Press and an NBC News
correspondent.
Rubin has been an author and contributing writer to eleven books and more
than 20 law review articles. His legal writings have been cited as
authoritative by courts at all levels in Louisiana, and he has lectured
extensively on legal ethics throughout the United States. |
| |
|
|
|
|
|
| |
Photo credits:
Cover, San Francisco
Convention and Visitors’ Bureau;
pages 6, 7 and 9, Raymond T. (Tom) Elligett Jr.
|
|
|
| |
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, 541 N. Fairbanks Court, Chicago,
IL 60611-3314,
(312) 988-5364, fax: (312) 988-5492, e-mail:
vannk2@staff.abanet.org
|
| |
|
|
|
|
|
| |
|
|
|
|
|
|
Preview of 2003 NCBP Annual Meeting in San Francisco
|
