The Latest News from the BCBA President C. William Clark
June 2010
About Hope and Remembrance
On a Spring day in 1970, I had the pleasure of attending a small luncheon at The Ohio State University (my alma mater) in honor of Bob Hope, that year’s commencement speaker. I recall thinking at the time, and more so now, what a Great American he was. A comedian, actor and entertainer well versed in world travel and world events, when he spoke he made you feel a part of the various activities he described as he passed along his message of the day. Toward the latter part of his career, he began many a show, particularly on USO tours, by striding to the stage in casual clothing, carrying a golf club, to a familiar tune. In a 1938 film, Hope sang a song which won an Academy Award for Best Original Song titled “Thanks for the Memory” which became so identified with him, it became his theme song.
So, at the commencement of my term as Immediate Past President, I thank the Association and its members for the wonderful experiences I’ve had this year serving as your President. The most heart-warming memories involve the outpouring of support and generosity you gave to Mike Radcliffe, his family and our efforts for the Packard Center - at the guest bartender event, the bull roast, and at Law Day. To hear Mike’s words of appreciation for all you have done brings a lump to my throat and a tear to my eye. I hope we all will keep him and his family in our thoughts and prayers.
The most encouraging memories emerge from the time I spent working with and getting to know the Young Lawyers, and the recent Young Lawyer alums participating in projects, events, in committee meetings, and at happy hours. We have an excellent cadre of members in those age groups who I believe will carry on the work, and honor the traditions, of the Association for years to come.
The most productive and worthwhile memories stem from the hard work of the Executive Council and the Strategic Planning Committee in examining the state of the Association, and charting a course for our future development. The fruit of that labor will be borne in the next couple of years under the able hands of Judge Alex Wright and his successors. We also made great strides in technology and marketing with the Lawyer Referral Service, aided by our Director, Rachel Ruocco. Thanks also to the Committee Chairs for their fine programming and events.
Of course, I saved the best for last: the countless hours, emails, meetings and events with our Executive Director. We would not have succeeded in any of this, but for the outstanding efforts of Doris Barnes. The success of the BCBA lies at the center of her heart and occupies the foremost spot in her brain. One cannot hope to perform well as your President without the constant support, encouragement, effort and ideas that she provides.
So, as I retire to the clubhouse, humming a familiar tune, I say to all “…thanks for the memories.”
See you ‘round the Courthouse, Bud
May 2010
In December 2009 (my 34th year at the Bar), the Court of Appeals extended to me the privilege of addressing a group of newly admitted attorneys. As I recently thought about our law day theme: Law in the 21st Century: Enduring Traditions, Emerging Challenges, I remembered my remarks. Here’s an edited version:
What is the effect of Technology on a lawyer’s time and advice? In the last 34 years, the way we practice law has changed greatly. President Abraham Lincoln, a well known attorney, said, “a lawyer’s time and advice are his stock in trade.” No doubt that’s still true today, as it was 34 years ago, but I’m not going to discuss how to bill more efficiently or proficiently, or how to value your services. My remarks address the best use of your time and the quality of advice you will give.
Beloit College in Wisconsin has, since 1999, issued an annual list it calls the “Mindset List.” It observes certain common facts about freshmen entering college that fall. From the Class of 2013 Mindset List comes the following:
For the freshman entering this past September - The Green Giant has always been Shrek, and not the big guy picking vegetables. Chocolate chip cookie dough ice cream has always been a flavor choice. And there has always been a Cartoon Network. Three more from the list, more germane to my topic: These freshman have never used a card catalog to find a book. Cable television systems have always offered telephone service and vice versa; and there have always been flat-screen televisions.
So I’ve created a little Mindset List for lawyers who enter practice in the year 2009 - with a twist. You will always have a word-processing program like WordPerfect or Word… and never have the joy of asking your assistant to manually retype a document to replace one three-letter word in the middle of the page. You will always have laser printers, scanners and copiers, … and never know the joy of making copies with carbon and onion-skin papers. You will always be constantly connected to your clients, your colleagues and your bosses via electronic mail... and never know the joy of blaming the post office for losing the letter someone promised you last week on a topic you wished to avoid.
To me, technology is a double-edged sword. It makes us more efficient, makes our lives easier and makes our presentations more vivid and memorable. It has sped up our communication. It saves us time, but what effect does it have on the advice we give?
Although Twitter is the rage today, I doubt that one can give proper advice in 140 characters or less. Of course there are also confidentiality concerns. Although with email you can respond to a client’s question with the speed of light, should you? Mistakes travel at the speed of light too! Many times taking additional time brings its own reward.
When your client emails you at 8:00 a.m., and again at 9:00 a.m. to see if you got the 8:00 email, and again at 10:00 a.m. to inquire why you haven’t replied to his 9:00 email, I believe its perfectly acceptable to write: “I’ve received your email. You pose some interesting questions, which I would like time to consider. I’ll give you an answer by the end of the day, if that’s all right with you.” And then do just that. Consider your answer and respond on time. Carpenters employ a similar technique according to the old adage “measure twice, cut once.” President Lincoln said, “Give me six hours to chop a tree, and I’ll spend the first four sharpening the ax.”
You spent many hours reading, writing and thinking in order to obtain your degrees. Someone spent thousands of dollars to allow you to do that and for you to gain considerable analytical skills. Your English professors spent some time teaching you to construct an essay and to turn a phrase. In law school you learned to reason and respond. Just because you can reply in cryptic, lightning-quick cyber messages, don’t succumb to the trap of doing so when you are asked to give important recommendations. I read a blog yesterday written by a young lawyer who wondered whether Twitter was killing his attention span. You must stay focused on your task.
When giving advice, try to imagine what the other side will say in response to your position. Reread your letter, email or memo to see if any term is vague or ambiguous. Consider whether more than one solution exists, and offer your client alternatives with your recommendation. These points are really just common sense, but to do them when utilizing 21st Century technology requires discipline. Even though a great deal of informality and social familiarity has crept into our daily conversations because of the media through which we communicate, please remember to be professional, thorough, civil and courteous in your dealings as an attorney.
So in remembering that a lawyer’s time and advice is his or her stock-in-trade, I say... take your time-you’ll give better advice.
See you ‘round the Courthouse, Bud
April 2010
The Future of the BCBA’s CLE
In case the three foot plus avalanche of snow buried you and caused you to lose touch with certain current events in the legal community, you may have missed two significant developments affecting the future education of members of the Bar. First, the Maryland Commission on Mandatory Continuing Legal Education, through Judge Lynne Battaglia, issued a set of proposed rules which, if adopted, become effective January 1, 2011. Given the amount of thought and effort by the Commission, apparent from a reading of the rules, beginning next year Maryland may no longer be one of five states in the union not to require mandatory continuing legal education. Second, the Maryland Institute for the Continuing Professional Education of Lawyers(MICPEL) ceased operations effective February 28, 2010. The Maryland State Bar Association assumed its publishing and program mission beginning March 1, 2010.
How do these two occurrences affect the BCBA and its members? Obviously, each of you should familiarize yourself with the proposed rules which one can find online through the MarylandJudiciaryWebsite(MdCourts.gov/professionalism/pdfs/proposed rules-mcle.pdf).
In her letter to the Bar Presidents, myself included, Judge Battaglia offered to have a meeting with us to discuss these rules. The Executive Council decided I should take her up on her offer, and I have asked to meet. If you have concerns or suggestions about these proposed rules, please let me know.
The Executive Council sees an opportunity here, particularly with the demise of MICPEL. We wish to have our CLE programs accredited under the Rules and will pursue becoming an Accredited Sponsor. It may necessitate changes to some of our programs, and perhaps some may not qualify, but we believe that many will.
In the ABA survey conducted last fall, you told us that having the BCBA provide you with information on your area of practice and keeping you current was important to you (94%). Also, 91% of the respondents felt satisfied with the BCBA efforts (65% of which were very satisfied). During this fiscal year, the BCBA through its various Committees will present over 70 educational programs. Having served on and been chair of our CLE committee, I believe that conducting low cost programs, in a convenient setting, with local judges and attorneys who regularly appear in our courts or who handle transactions in our community, produces the most useful information and beneficial seminars. We aim to continue in that fashion.
One interesting aspect of the proposed rules consists of the ability to meet up to five of the required ten hours annually, by “self study.” But lest you Ferris Bueller types think this offers an easy way out, the rule contains several provisos not the least of which requires that the activities must be “…undertaken in a physical setting conducive to intellectual concentration and effective study.” Lawyers can debate what that means, because, after all, one attorney’s library is another’s place to watch the Orioles on opening day. So let the discourse on the future of CLE begin.
See you ‘round the Courthouse, Bud
March 2010
New Year/New You?...2.0
So maybe that New Year’s resolution you vowed to honor fell by the wayside. If it involved upgrading your technology skills, I have good news. March 24, 2010 is the “new” New Year’s Day. For on that day, the BCBA will present a reprise of its award winning Technology Expo. (more details inside.) Now in what will seem to be a bit of braggadocio, but what I offer as leadership by example, permit me to update you on my resolve to venture into the brave new world of 21st century lawyering.
Since January 1, I managed, through a fair amount of help from Verizon, to acquire a new Blackberry Storm 2. The tech support folks patiently and skillfully guided me through the steps to synch my phone calendar to my desktop computer calendar, establish 2 email accounts on my phone (business and personal) and transfer all my contact info without having to re-enter it. The new phone possesses the ability to change the font size so my sixty year old eyes can read the email without squinting, to zoom in on attachments to keep from going blind, and browse the web in a legible view. At a recent Tech Committee Brown Bag Program, Adam Spence showed me (as pictured above), and the others, a wonderful case management software program which I now have introduced to my litigation partners and paralegals through a webinar displayed through a laptop computer and projector. I read, with regularity, Jeff Scholnick’s blog for Solo and Small Firm Attorneys and pick up tidbits there. Folks, this stuff is just not that hard to do.
The survey of our members conducted by the ABA last summer asked each of us to name three issues of concern. The results revealed that these were the top six responses:
1. Keeping up with changes in the law
2. Client development
3. Keeping up with changes in technology
4. Managing the business aspect of my practice
5. Image of the profession
6. Servicing my clients amidst constraints on my time.
Technology exists which can help you address each of these concerns, and most of it will be on display at our Tech Expo. So whether it’s: (a) new time management calendar control and billing software program, or (b) an updated website for you and your firm, or (c) an explanation as to how social media or writing a blog can help you expand your client base, or (d) learning Fast Case or other computerized research tools or (e) getting a new “Smart Phone” to stay in touch with your clients, read your email, and search the internet, we can help you. Come on March 24th, spend as much or as little time as you wish, but at least take that first step towards a better technological you.
See you ‘round the Courthouse, Bud
February 2010
A Quilt … Not a Blanket.
In a number of speeches, the Reverend Jesse L. Jackson, Jr. speaks of his observation of America using the following or similar words “America is not like a blanket- one piece of unbroken cloth, the same color, the same texture, the same size. America is more like a quilt- many patches, many pieces, many colors, many sizes, all woven and held together by a common thread.” James Bryant Conant, the 23rd President of Harvard University, serving from 1933 until 1953, expressed a similar notion when describing America’s chosen form of government: “Democracy is a small hard core of common agreement, surrounded by a rich variety of individual differences.”
The Strategic Planning Committee’s sessions so far revealed a common thread amongst the leadership of the BCBA: to honor our past and to enhance our reputation while serving as a bridge connecting members to one another and also to the community. Amongst the group, we realized that we come from different walks of life, different paths to the bar, and practice different types of law in different settings. Yet each of us offers substance to the process of planning the association’s future.
We recognized that much can be gained from the rich variety of our individual differences and that the association should endeavor to be as diverse as the community in which we practice and live. The Association’s current demographics do not mirror the quilt that comprises Baltimore County, and the surrounding metropolis.
So one of the goals identified by the Strategic Planning Committee seeks to have the BCBA reflect the diversity of practice in Baltimore County by fostering inclusiveness of race, gender, religion, sexual orientation, practice area, geography, and practice setting.
As I have mentioned in a past column, we aspire to be a welcoming organization that builds interpersonal relationships, since that is how most of us became active. We’ll look for ways to partner with special focus bar associations, and to include their members in our programs and events. We’ll endeavor to educate ourselves and our members about legal issues of interest to specialized groups of attorneys and clients. If you have a suggestion how we can achieve this diversity goal, please let me or a member of the Executive Council know. For as Victor Hugo wrote: “No army can withstand the strength of an idea whose time has come.”
See you ‘round the Courthouse, Bud
January 2010
A New Year …a New You?
By the time you read this, no doubt various editorial columns, news clips and your spouse or friends will have implored you that now is the time to resolve to change yourself and begin anew. Should I be any different? Probably, but at the risk of falling on deaf ears, (or blind eyes), indulge me for a few moments while I join the chorus.
My train of thought on this began on November 3, 2009 when I attended the MSBA Solo and Small Firm Conference. The BCBA had just a few days before that selected a date to co-host the “Hanging Out a Shingle” program designed to provide sound basic information and advice to lawyers who recently entered practice in that manner. The program, to be run by Pat Yevics, offers sessions on “What I need to start a law practice,” “Technology for New Solo/Small Firms,” “Making it Rain,” and “50 Tips on Being Successful in Solo Practice” (flyer inside). When I saw the agenda for the Solo and Small Bar Conference, I decided to attend and what I might learn that I could pass on to our members, 70% of whom practice in offices with five or fewer attorneys.
The first session I attended bore the title “Reinventing Your Practice with New Technology and New Ideas,” presented in part by Bruce Dorner, head of the ABA Technology Committee and a small practice attorney from New Hampshire. While I picked up many tips and resources, which I will be happy to share, the most valuable aspect of my attendance and effect on me came in the form of my renewed enthusiasm to become a better lawyer in the 21st century style. Bruce piqued my curiosity and got my juices flowing.
Technology invades our lives, but much of it makes us more efficient, makes our presentations more vivid and graphic, memorable and persuasive. Present day technology need not mystify us. Venture out a bit, you’ll be amazed what you can easily learn and use.
So this month, when Mother Nature chooses not to invite you outside for your favorite leisure activity, invest an hour or two in yourself, in new technology and new ideas for your practice. The BCBA offers several programs and ways to do just that. Attend the “Shingle” Program. Look up the podcasts of the BCBA CLE’s in the last year and listen to one over the internet, through your computer while you have lunch at your desk. Go to the Solo and Small Firm monthly luncheons and trade tips with our other members. Check out Jeff Scholnick’s new blog for Baltimore County Solo and Small Practice attorneys. Even an old dog like me can learn a new trick or two. So can you!
See you ‘round the Courthouse, Bud
December 2009
Planning for the Future... 
The noted 18th century Anglo-Irish statesman and philosopher, Edmund Burke is quoted as saying, “you can never plan the future by the past.” While this observation may say more about the unpredictability of the future and our inability to dictate the outcome of events yet to occur, one should not accept Burke’s statement as the premise for a planning exercise. The past offers valuable insight into what the future may hold or what you should plan to achieve.
When our strategic planning group met in October, Elizabeth Derrico from the American Bar Association Bar Services Division, began our discussions by asking each of us to share our past history with the BCBA and our personal reflections of our membership experiences. We spent nearly two hours discussing this. She did so in order to get to know us, and also to discern the common threads that form the fabric of the BCBA.
The picture that emerged illuminated a rich history of tradition, collegiality, professionalism and service to the bar and the public. By the end of the sessions, the group pledged to continue those concepts.
Most of the group began their active life in the BCBA when another member asked us to help. Most of us learned from other members how highly our members value the experience of belonging to and participating in the activities of the BCBA. Clearly our members have been, and need to continue to be, ambassadors for the BCBA. To that end, we plan to find ways to encourage our members to be inviting and open to all who want to participate.
The membership survey results bear witness to those points. In rating the activities of the BCBA, the members identified (1) fostering a positive reputation for the bar, (2) developing positive relationships between the bench and the bar, and (3) providing networking opportunities, as three of the most important aspects of BCBA life.
During the sessions, we worked both in large and small groups, identifying goals for the Association, and developing potential action plans to reach those objectives. Some exercises involved the “right side” of our brains, some the “left side.” Elizabeth directed one group to write an article for the Advocate dated three years from now, recounting the initiatives of the BCBA over the last three years. Another group used different colored styrofoam pieces to create a sculpture that represents a vision for the next three years of the BCBA, and to explain its symbolism. The results from both groups amazed everyone. In our final report, I’m sure those creations will appear in one form or another.
We expect a report from the ABA in the coming weeks. The group will need some more work to distill the plan to one we can utilize and publish. Suffice it to say, the BCBA is alive and well with a bright future, particularly with the commitments of the strategic planning group to guide us. My thanks to them for their outstanding efforts.
See you ‘round the Courthouse, Bud
November 2009
Pro Bono Publico...
For the public good. Now you have nearly the limit of my knowledge of Latin – a deficiency exposed in my very first law school class. Professor Alan Hornstein quizzed us on a Latin phrase in the assigned case, and struggled to find a student who properly studied for the session by looking up the term. Finally, he called on Fred Granese who responded without hesitation and correctly explained the meaning in detail. The professor admonished the rest of us for not being prepared. Lesson learned. What Mr. Hornstein didn’t know was that Fred didn’t research the phrase either; rumor has it he was a former seminary student, and erstwhile Latin scholar. So much for that tidbit of advice.
Although I can’t really translate Pro Bono Publico, I understand its meaning, and appreciate its value in our profession. Those teachings were confirmed again last month during the American Bar Association sponsored Pro Bono week in which the BCBA participated. The ABA, through its Standing Committee on Pro Bono and Public Service, recognized the need for, the necessity of, and the nearly universal reply by members of our profession to address the ever-growing requirements for help sought by Americans. It launched an initiative, hopefully an annual event, to “Celebrate Pro Bono.” Throughout the country, bar associations, large and small, found ways to provide additional Pro Bono services, and to recognize attorneys who selflessly give their time and effort to those unable to pay for legal help at the time of their problem.
The BCBA recognized a law firm consisting of two of our long-standing members, Harry Bauhmohl and Mike Hamburg. They provide Pro Bono representation through Jewish Legal Services, which sponsors a walk-in clinic. Harry and Mike spend a couple hours there each month, advising persons on wills, divorce, collections, bankruptcy, contracts and other matters. They also take Pro Bono domestic violence cases through Chana, a division of The Associated Jewish Charities. These attorneys feel that the personal benefit they receive by helping these clients exceeds the monetary one that they might otherwise derive.
Many people cannot afford the high cost of legal services. Because many areas of the law remain complex, these clients cannot effectively proceed without an attorney’s advice and representation. The economic downturn has made the need to provide access to competent legal representation even greater than before. Whether it appears as a result of foreclosure, eviction, bankruptcy or unemployment, people faced with those problems can benefit from the help of lawyers like you.
So, we recognize outstanding Pro Bono efforts, we thank each of you who participate, and we hope for days when access to justice becomes easier for all to obtain.
See you ‘round the Courthouse, Bud
October 2009
And the survey says…
During the 1970's, Richard Dawson emceed a popular TV game show called Family Feud. The gist of the show consisted of a member from each of two contesting teams trying to guess the most popular response given by 100 members of the studio audience to a variety of questions. After each contestant offered an answer, Dawson then uttered the phrase, “and the survey says...” whereupon a board turned, revealed the ranking of the answer, points were awarded, and prizes won.
Within the last month, you should have received an email asking you to participate (I hope you did) in a survey prepared by the Bar Services Division of the American Bar Association. We even offered a prize to one lucky participant, but that is where the comparison to the TV game show ends. We didn’t conduct the survey merely to entertain you, (our viewing public) nor were we just seeking the most popular responses.
We asked you questions as a foundation piece of the strategic planning session the Executive Council will hold this month. In our final report, we’ll highlight your answers.
Strategic planning stresses the importance of making decisions that position an organization to successfully respond to changes in a dynamic and unpredictable business or professional environment. It emphasizes an overall direction for the group rather than making reactive choices based on events that occur, which at first blush, might cause one to under- or over-estimate the importance of what just transpired.
In part, the survey helps us answer the question: Where are we? Do we provide the right amount of benefits and services, educational programming, communications and professional opportunities? Hopefully, the planning session will answer the question: Where are we going? A good strategic plan provides a road map and gets everyone heading in the same direction. Can the BCBA continue to grow in membership, in the number and types of committees, and CLE programs offered? Or should we not try? How can we best use our resources to achieve our mission? Will the economic downturn adversely affect our members, our practices and our association? Or will it provide the BCBA new opportunities to strengthen our profession, our commitment to each other and our ties to the community? What concerns do you have?
We welcome your thoughts on these and other matters affecting our bar. You may share them with any of the Officers, Executive Council, our Executive Director, Past-Presidents Dana Williams and Debra Schubert, or any of the following members who have agreed to serve: Becky Fleming, Stan Gann, Jr., Kris Howanski, Justin King, Michael Siri, Keith Truffer and Wendy Zerwitz.
So with your help, we’ll develop a view of the future for the BCBA. For if you don’t know where you are going, how can you expect to get there?
See you ‘round the Courthouse, Bud
September 2009
Would you like a new client?
That’s me screening a call to Lawyer Referral, as I have on many occasions over the last 15 years. At that moment, I might have been talking to your next new client about an interesting case. During the few minutes you will spend reading this, another volunteer attorney may likewise be talking to a potential client for you, about a legal topic ranging from Administrative Law to Zoning, since LRS covers those subjects and many more in between.
Many people in our community, who are dealing with the impacts of the current economic crisis, often wonder where they can turn for help. For many, the answer is the BCBA Lawyer Referral Service. Over the last fiscal year, BCBA’s LRS made over 4,700 referrals to our panel attorney members. Since the service operates about 250 days during the year, that’s approximately 18 placements every business day.
Does every call result in a lucrative case and tremendous win for the client and attorney? Of course not. Do the screeners and panel attorneys occasionally encounter someone who might benefit from counseling by a professional mental health care worker? Yes, but only when there’s a full moon!
In addition to the 4,700 referrals, many calls involve direction to a social service agency or branch of the government which don’t need a lawyer’s training and skill to resolve.
Therefore, many screening decisions provide a public service. Even if a referral doesn’t result in a monumental case, the panel attorney receives the satisfaction of helping a person in our community address an issue or solve a problem.
While recently attending the National Conference of Bar Presidents, I learned two things. First, that across the country, the number of calls to referral services has increased. People are looking for help. We will continue to reach out to them this year by adding website links, and some media exposure. Second, that observers developed a new term to describe something many of us, me included, have done for years: Unbundled Legal Services. This term describes limiting your representation to certain discrete tasks for your client. Many times the caller only seeks someone to review a contract, or a severance agreement, or prepare a simple will. You can meet that need in an expeditious manner, charge a reasonable fee and “get paid as you go.” But you also get an opportunity to meet face-to-face with a person who seeks legal advice, then and there. No reputable media person will guarantee that your advertising dollars will produce that result, but LRS can. The LRS continues to need skilled and talented lawyers - like you - to meet the needs of people who have legal concerns. As the big brother says to Mikey in a well known cereal commercial, “Try it - you’ll like it”.
See you round the Courthouse,
Bud
July/August 2009
The Road to … and from … Here
Greetings from the 91st President of this wonderful association. A lot of concrete highway exists between the leafy green cornfields of west central Ohio, (where I spent 18 years as a farm boy), and the fine wooden trial table and chairs of Ceremonial Courtroom No. 5 of the Circuit Court for Baltimore County. Numerous people have encouraged, supported and even nudged me along this path. Without them, my journey in this direction would have ended long ago, in obscurity.
You may be wondering how I first became interested in this association. One of my former partners, Dutch Ruppersberger, introduced me to the first person I knew to become president of this Association, Lee Stuart Thomson who served in 1978. Lee taught me the value of being active in the BCBA.
As the years went by, other lawyers with whom I worked shared an enthusiasm for, and participation in, this fine organization, including David Mister, Tony Bartlett, Mary Loker, Louise Keelty, Tony Winter, and now my partners at Nolan, Plumhoff & Williams. Not long ago, my partner, Bob Hanley, observed that when I take up the gavel as President, I become the fifth partner from NP&W to do so. The firm truly demonstrates its commitment to the BCBA.
So much for the road...to here. Where does the road lead...from here? Over the years, the BCBA has developed many terrific events, activities, and traditions. We expect to keep them through the tireless efforts of our Executive Director, Doris Barnes. A couple may be tweaked here or there...a different location, a new host or partner, but the overall theme will be that well worn adage I’ve heard my father say from time to time: “If it ain’t broke, don’t fix it.”
Given the state of the economy, now does not seem the time to institute new major undertakings nor adventuresome programs. Over my ten years on the Executive Council, the membership has risen to a number now in excess of 1,400. We now have 26 standing committees, and hosted over 60 breakfast, lunch and dinner meetings, many with a continuing education program. The operational budget now approaches $400,000.00 annually. We didn’t get to this point by accident, but I believe if we are to maintain the high quality of service to our members and to the public at large, we need to spend a little sweat and elbow grease girding our foundation. We will engage in several activities to develop a strategic plan for the next three to five years, and will be led in this effort by a representative of the Bar Services Division of the ABA. Many of you who serve as chairs of committees will be surveyed about the direction we should take. Each of you, as members, will be surveyed as to your interests, likes and dislikes, and ideas about how the bar can continue to, and perhaps better, achieve its goals. The heart of the project consists of a planning session to be held in October. Another cliché fits well here: “If you fail to plan, you plan to fail.” This one goal for this year consists of planning to succeed, now and in the future.
Another similar goal involves refurbishing and re-emphasizing the Lawyer Referral Service. For nearly 12 years, Carol Otte ran this program very well. Now we have a new director, Rachel Ruocco, with new ideas and energy to increase participation in this program, and to reach out to the public.
Finally, from time to time, I expect to highlight lawyers who have developed a real connection with their community through volunteer work. Many of us have interests in addition to a love for the law. I find that through these other passions, many people develop respect and admiration for lawyers as people, which does just as much to advance the profession as does a well-reasoned brief or compelling final argument. Until then,
See you round the Courthouse, Bud
In case the three foot plus avalanche of snow buried you and caused you to lose touch with certain current events in the legal community, you may have missed two significant developments affecting the future education of members of the Bar. First, the Maryland Commission on Mandatory Continuing Legal Education, through Judge Lynne Battaglia, issued a set of proposed rules which, if adopted, become effective January 1, 2011. Given the amount of thought and effort by the Commission, apparent from a reading of the rules, beginning next year Maryland may no longer be one of five states in the union not to require mandatory continuing legal education. Second, the Maryland Institute for the Continuing Professional Education of Lawyers(MICPEL) ceased operations effective February 28, 2010. The Maryland State Bar Association assumed its publishing and program mission beginning March 1, 2010.
How do these two occurrences affect the BCBA and its members? Obviously, each of you should familiarize yourself with the proposed rules which one can find online through the MarylandJudiciaryWebsite(MdCourts.gov/professionalism/pdfs/proposed rules-mcle.pdf).
In her letter to the Bar Presidents, myself included, Judge Battaglia offered to have a meeting with us to discuss these rules. The Executive Council decided I should take her up on her offer, and I have asked to meet. If you have concerns or suggestions about these proposed rules, please let me know.
The Executive Council sees an opportunity here, particularly with the demise of MICPEL. We wish to have our CLE programs accredited under the Rules and will pursue becoming an Accredited Sponsor. It may necessitate changes to some of our programs, and perhaps some may not qualify, but we believe that many will.
In the ABA survey conducted last fall, you told us that having the BCBA provide you with information on your area of practice and keeping you current was important to you (94%). Also, 91% of the respondents felt satisfied with the BCBA efforts (65% of which were very satisfied). During this fiscal year, the BCBA through its various Committees will present over 70 educational programs. Having served on and been chair of our CLE committee, I believe that conducting low cost programs, in a convenient setting, with local judges and attorneys who regularly appear in our courts or who handle transactions in our community, produces the most useful information and beneficial seminars. We aim to continue in that fashion.
One interesting aspect of the proposed rules consists of the ability to meet up to five of the required ten hours annually, by “self study.” But lest you Ferris Bueller types think this offers an easy way out, the rule contains several provisos not the least of which requires that the activities must be “…undertaken in a physical setting conducive to intellectual concentration and effective study.” Lawyers can debate what that means, because, after all, one attorney’s library is another’s place to watch the Orioles on opening day. So let the discourse on the future of CLE begin.
See you ‘round the Courthouse,
Bud
About Hope and Remembrance
On a Spring day in 1970, I had the pleasure of attending a small luncheon at The Ohio State University (my alma mater) in honor of Bob Hope, that year’s commencement speaker. I recall thinking at the time, and more so now, what a Great American he was. A comedian, actor and entertainer well versed in world travel and world events, when he spoke he made you feel a part of the various activities he described as he passed along his message of the day. Toward the latter part of his career, he began many a show, particularly on USO tours, by striding to the stage in casual clothing, carrying a golf club, to a familiar tune. In a 1938 film, Hope sang a song which won an Academy Award for Best Original Song titled “Thanks for the Memory” which became so identified with him, it became his theme song.
So, at the commencement of my term as Immediate Past President, I thank the Association and its members for the wonderful experiences I’ve had this year serving as your President. The most heart-warming memories involve the outpouring of support and generosity you gave to Mike Radcliffe, his family and our efforts for the Packard Center - at the guest bartender event, the bull roast, and at Law Day. To hear Mike’s words of appreciation for all you have done brings a lump to my throat and a tear to my eye. I hope we all will keep him and his family in our thoughts and prayers.
The most encouraging memories emerge from the time I spent working with and getting to know the Young Lawyers, and the recent Young Lawyer alums participating in projects, events, in committee meetings, and at happy hours. We have an excellent cadre of members in those age groups who I believe will carry on the work, and honor the traditions, of the Association for years to come.
The most productive and worthwhile memories stem from the hard work of the Executive Council and the Strategic Planning Committee in examining the state of the Association, and charting a course for our future development. The fruit of that labor will be borne in the next couple of years under the able hands of Judge Alex Wright and his successors. We also made great strides in technology and marketing with the Lawyer Referral Service, aided by our Director, Rachel Ruocco. Thanks also to the Committee Chairs for their fine programming and events.
Of course, I saved the best for last: the countless hours, emails, meetings and events with our Executive Director. We would not have succeeded in any of this, but for the outstanding efforts of Doris Barnes. The success of the BCBA lies at the center of her heart and occupies the foremost spot in her brain. One cannot hope to perform well as your President without the constant support, encouragement, effort and ideas that she provides.
So, as I retire to the clubhouse, humming a familiar tune, I say to all “…thanks for the memories.”
See you ‘round the Courthouse, Bud
May 2010