The Latest News from the BCBA President C. William Clark 

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.   

Planning for the Future...

The noted 18^th 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 91^st 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