ISBA leaders bring Abraham Lincoln to ABA convention
Chicago attorney Robert A. Clifford, Illinois state delegate to the American Bar Association House of Delegates, has filed the following report of activity during the ABA Midyear Meeting held last month in Boston.
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The Illinois delegation met in early February in Chicago, and again in Boston, in preparation for the discussion before the ABA House of Delegates at the Midyear Meeting Feb. 14 to 16.
In Chicago, ISBA President Jack C. Carey presented a calendar in commemoration of the 200th birthday of President Abraham Lincoln (see photo at right).
The beautiful laminated reproduction was given to each member of the ABA House. To download a free calendar, visit www.isba.org/teachers/lincoln/calendar/index.html.
In Boston, the breakfast was a busy working meeting with several candidates stopping by to speak on their upcoming elections for offices in the ABA. Among them was Bill Robinson of Kentucky, candidate for president-elect in 2010, who spoke for several minutes about his goals for the organization.
Resolutions adopted
For the first time in ABA history, the work of the House was “televised” live on the internet during its one-day session Feb. 16. The webcast proceedings can be seen at www.totalwebcasting.com/live/aba/.
The new chair of the house, William Hubbard of South Carolina, presided. The meeting led to the approval of several significant new policy measures, some which were marked by much debate.
The most rigorous debate was on separate resolutions that deal with lateral hiring by law firms and the imputation of conflicts to all other lawyers in the new law firms, an issue that takes on particular importance in these recessionary times of layoffs and lateral transfers.
The debate focused on changing the current status of firm-to-firm lateral hires that prevents lawyers from representing clients, who might have potential conflicts of interest, without written waivers from the clients.
Ultimately, by a close vote, the ABA House agreed to ease the prohibitions on such client representation provided the lawyer undergoes prior screening to resolve any conflicts.
The new language changed Model Rule 1.10 of Professional Conduct and now provides a procedure for allowing lateral hires despite a conflict, provided three conditions are met.
1. If the new attorney is screened from participating in the matter of the former client’s adversary and receives none of the fees derived therefrom.
2. The former client is given notice of and is informed of its right to have the matter reviewed by a judge.
3. The new attorney provides his former client with a copy of the model rule and a description of the screen procedures being employed by his new firm.
A conflict waiver from the client is not necessary under the amended model rule. The new language and accompanying comments can be found at www.abanet.org/cpr/mrpc/rule_1_10.html.
Another resolution that was subject to great discussion was the adoption of comprehensive measures that attempt to reduce harm and litigation after catastrophes.
With the recent disasters of flooding in the Midwest and California wildfires and, of course, hurricanes in the South, the measures that were adopted urge broadening the availability of insurance protection for storm damage, enacting programs to increase the availability of affordable insurance, establishing federal standards for damage-resistant building codes and encouraging capital markets to finance catastrophic risk.
Significant debate also ensued on the issue of the Guantanamo Bay detainees, with the house agreeing to urge the Obama administration to ensure that any detainees who are expected to be charged with crimes be prosecuted in federal district courts.
The resolution also recommended that if the attorney general certifies that the detainees cannot be prosecuted in such courts, they will be prosecuted in other regularly constituted courts consistent with due process, the laws of war, the Geneva Conventions and the Uniform Code of Military Justice.
The house also urged that any detainees who are no longer considered to be enemy combatants should be released or resettled, and any currently detained enemy combatants be granted prompt habeas corpus hearings with full due process rights.
To read more about proceedings of the ABA House on Feb. 16, visit www.abanet.org/abanet/media/release/news_release.cfm?releaseid=554
Officers make speeches
President H. Thomas Wells, Jr. of Birmingham, Ala., addressed the House of Delegates on his initiatives, which include a multi-phase “State of Diversity in the Legal Profession.”
Speaking at a presidential summit on this was Mary Smith of Chicago, currently the National Native American Bar Association delegate and nominee for minority-at-large representative on the Board of Governors.
President Wells also is focusing on Women of Color Research. Three fund-raising receptions will be held throughout the country this year in a commitment to both a diverse work force and the eradication of barriers.
A reception will be held in Chicago at Jenner & Block, 330 N. Wabash, at 5:30 p.m. Wednesday, May 27.
Another speech to the House of Delegates was a presentation by Walter E. Dellinger III, former U.S. solicitor general, about the 200th birthday of Abraham Lincoln. He spoke on “America’s Greatest Lawyer: Abraham Lincoln in Private Practice and Public Life.”
To view his remarks and all of the speeches made that day, please visit www.totalwebcasting.com/live/aba/.
New Illinois members
The Illinois delegation welcomed three new members, including John G. Locallo of Chicago, third vice president of the ISBA.
Also joining the group are law student representatives Caitlin Fitzgerald of Loyola University School of Law, the Board of Governors representative, and Caitlin Groh of The John Marshall Law School, the Law Student Division representative.
Law school initiative
On Wednesday, April 8, Bob Clifford will work with Illinois state membership chairs to host the first law school forum at the Northern Illinois University College of Law.
Lawyers are encouraged to attend the program, which is meant to help mentor students and in their legal careers. It also will serve as a networking opportunity for the students.
If you are interested in attending, please contact Rachel Baker at Clifford Law Offices, (312) 899-9090.
The treasurer reports
ABA Treasurer Alice Richmond reported that as of Aug. 31, 2007, revenues exceeded expenses by $3.9 million. The “current turmoil in the financial markets caused moderate losses to the association’s long term investments,” she said.
Richmond’s goal is to maintain dues pricing for a fifth year. She pledged increased transparency and understandability of ABA financial reports and encouraged feedback and ideas. E-mail her at Arichmond@rpalaw.com.
In the coming year, she intends to focus on non-dues revenue, which means the plethora of products and services that some members simply aren’t taking advantage of.
Law Day approaches
May 1, 2009, marks Law Day throughout the country. This year’s theme, “The Legacy of Liberty: Celebrating Lincoln’s Anniversary,” is meant to encourage citizens to commemorate this quintessential lawyer-president and appreciate the nation’s legacy of liberty.
To view information and events about Law Day, please go to www.abanet.org/publiced/lawday/2009/home.shtml.
Of special note was presentation by ISBA President Jack Carey of a replica of the bronze bust of Lincoln to ABA President Wells for the ABA Law Museum in Chicago (see photo on page 1).
Illinois artist John W. McClarey created the vision of Lincoln, titled “Prairie Lawyer, Master of Us All,” that will stand forever in the Illinois Supreme Court Building in Springfield.
Other replicas are placed in special areas of recognition, including law schools throughout Illinois, to remind students of the work of Lincoln the lawyer.
ABA Day scheduled
April 21 to 23 are ABA Days in Washington, D.C. Members are urged to contact their congressional representatives on issues that directly impact them, their clients, the legal profession, bar entities and the administration of justice.
Laurel Bellows of Chicago is chair of the ABA Day Planning Committee. To register to be a part of this important effort, visit www.abanet.org/poladv/abaday09/.
For answers to questions, contact Julie Strandlie, director of Grassroots Operations and legislative counsel, in Washington at (202) 662-1764 or jstrandlie@staff.abanet.org.
200th birthday party
One of the highlights of the ABA Midyear Meeting was the appearance of “Abraham Lincoln.” The look-alike actor gave an updated version of the Gettysburg Address, inviting all members to the Annual Meeting July 30-Aug. 4 in Chicago.
The 200th anniversary of the birth of the 16th president of the United States will be commemorated. Various programs will be offered during this historic event.