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Welcome to the latest issue of the eBulletin — an update of the happenings of the American College of Trial Lawyers. More in-depth coverage of College happenings and meetings will continue to arrive in printed form via the Journal. We look forward to growing our correspondence and relationships with Fellows through this digital newsletter and encourage your feedback.
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College Continues Good Work
Provides Life Lessons to Law Students, Legal Aid And New Lawyers
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Dear Fellow:
Your Executive Committee and National Office staff have been very busy since the Annual Meeting in Philadelphia. In October we held the annual Chairs’ Workshop where leaders from around the U.S. and Canada met to plan for the coming year. As part of the ongoing effort with regard to the College’s diversity initiative, the leaders heard from Margaret Marshall, Former Chief Justice of the Massachusetts Supreme Judicial Court on implicit bias. Your President has also been pretty busy. Since Philadelphia, I have traveled to Santa Fe, Cleveland, Burlington, DC twice and Indianapolis. As I write this to you, I am preparing to be in Birmingham, Philadelphia, Chicago, Little Rock, Jackson, Portland and Seattle, all by December 9, 2016. But let me be quick to point out that I am not complaining. The trips so far have been wonderful. Meeting with Fellows and sharing what is going on in the College has been gratifying.
The most frustrating question I get while at these meetings is, “What is the College doing?” The answers I give always surprise Fellows. The College, through the State and Province Committees and the General Committees, is doing great work every day to move the mission of the College forward. There are seminars given to legal aid lawyers and new lawyers in many of our States and Provinces. The topics include professionalism, ethics, trial skills, deposition practice and all other aspects of the practice of trial law. Materials produced by College Fellows, comprised of
video vignettes with written materials, have made putting on such training painless and productive. As an example, the Teaching of Trial and Appellate Advocacy Committee offered a trial training at the University of Memphis Law School in May. If your State or Province Committee is not taking advantage of these resources, then now would be a good time to start. Contact the National Office and they will help you put together a program that will advance the mission of the College and make all of the Fellows proud.
The College’s
award-winning Journal and
e-Bulletin are where we want to tell the entire College about all of the good works your Fellows are accomplishing. This is not to gain some type of credit, but rather to let everyone know what can and should be done to further the mission of the College. The young lawyers and public service lawyers who have attended these seminars have all been impressed by the presentations and will be better lawyers because of their College training. The judges on your courts will also be appreciative.
Contact your local law school and propose helping the next generation of trial lawyers. Those students will get real life lessons from the best. Wouldn’t it have been great to get that kind of instruction while in law school?
Thanks for all of your work.
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Bartholomew J. Dalton
President
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Online Registration Now Open For 2017 Spring Meeting
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The wonders of South Florida await. Now part of the Waldorf-Astoria Collection, the Boca Raton Resort & Club is a well-appointed hotel with the accommodations, amenities and ambience worthy of a College meeting. Online registration for the 2017 Spring Meeting in Boca Raton is now open. To successfully complete registration, you must log in to the College site. Click here to register. For Fellows who register using the College online registration system, a resort style tote bag will be presented upon arrival.
As a preview, the main resort underwent the following enhancements in 2014:
- Complete renovation of accommodations in their iconic Cloister building
- Launch of The Blue, a restaurant on the 27th floor of the Tower, the tallest building in Boca Raton, featuring updated decor, new chef and re-designed menu
- Updated lobby area with new tiling and reupholstered furniture
- Revitalization of the 44-treatment room Spa
- Revamp of the Health Club with state-of-the-art equipment
Click
here to see even more of the resort.
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The Foundation has provided grants to the following organizations:
- Cabrini Green Legal Aid: $50,000 to support a project called Open Doors for Youth, a proactive criminal records expungement program for emerging adults
- Emory Volunteer Clinic: $50,000 to support the mission of the clinic, whose efforts include assisting veterans with claims before the Veterans Administration
- Institute for the Advancement of the American Legal System (IAALS): $45,000 to support the development of initial discovery protocols for Fair Labor Standards Act (FLSA) cases.
- South Carolina Access to Justice Commission: $18,500 to support the statewide Trial Advocacy Incubator Program, where 50 Fellows have signed up to mentor inexperienced lawyers as they handle residential landlord/tenant disputes that are referred from South Carolina Legal Services. The program was highlighted during the South Carolina Summit on Access to Justice for All on October 24, 2016.
The Foundation accepts applications from College committees and organizations requesting funding for proposed projects that are consistent with the College's objectives. The Foundation's Trustees welcome project proposals with potential to leverage its investments through model programs capable of replication in other jurisdictions. The application must be completed and submitted to
nationaloffice@actl.com. Click
here to download the application.
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Alabama Fellows Hold Judicial Seminar
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Around forty judges attended a one-day seminar held at Jefferson State Community College in Birmingham, Alabama, presented by the Alabama Fellows. The Honorable Ralph Artigliere (retired), formerly a Circuit Judge from Florida's Tenth Judicial Circuit, gave a presentation on the effective use of technology. Attendees were also shown video vignettes from the Code of Pretrial and Trial Conduct Teaching Aid video, which is
available on the College YouTube channel. The seminar seemed to be well received by all in attendance.
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Anatomy of A Patent Case: 3rd Edition Now Available
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Anatomy of a Patent Case: Third Edition is now
available for purchase online or by calling 800-960-1220. The new edition was published and written in partnership with the Complex Litigation Committee and the Federal Judicial Center. Fellows who are interested in purchasing a copy may receive a 25% discount by using the discount code ACT16. The Honorable Paul Michel, Chief Judge (retired) of U.S. Court of Appeals for the Federal Circuit said in the book’s foreword: “…. Despite the inherent complexity of the subject, their text is extraordinarily clear and eminently readable. It is, in addition, so well organized as to enable the readers to immediately find the exact place within each chapter for any issue then confronting them. Its initial use is for trial preparation, but then its proper place is on the judge's bench and the litigator's table, for it can be a daily resource.”
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Journal Receives National Award
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For the uninitiated, NABE is the National Association of Bar Executives. Every year it presents its
Luminary Awards, described by the Association as an “opportunity to be recognized for the initiative and creative work our Bars produce every year.” There are five categories: Excellence in Regular Publications; Excellence in Special Projects; Excellence in Electronic Media; Excellence in Websites; and Excellence in Marketing. Naturally, same sized organizations are judged against each other within those confines. Eliza Gano, the
Journal’s Managing Editor, submitted the publication (no fewer than three issues) in the Excellence in Regular Publications category with this explanatory note: "The
Journal seeks to fulfill different objectives. It is meant to keep Fellows informed of the activities of the College. It is also meant to be a historical record and a resource for future Fellows to learn about the College. The objectives of the two issues focusing on the Spring and Annual Meetings are to recap the thought-provoking speakers from the meeting, which is a trademark of the organization, and to capture the meeting experience for Fellows who were unable to attend. The objective of the non-meeting issue is to engage and inform Fellows of the activities taking place throughout the states and provinces. It can include articles that demonstrate the College’s mission of improving the standards of trial practice and the administration of justice; a profile of the incoming President; and other original content written by Fellows." The
Journal has
won this year’s Award. The crystal award, recognizing the
Journal Editorial Board and Staff was presented at the NABE Communications Section Conference in Savannah, Georgia in October 2016. Congratulations go to Eliza, Associate Editor Amy Mrugalski, Photographer Ben Majors and Design Director, Liz Doten, for whose continued efforts the College is grateful.
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Working Smarter in Canada Reaches Judiciary
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Working Smarter But Not Harder in Canada: the Development of a Unified Approach to Case Management in Civil Litigation, a report released by the Judiciary Committee, has garnered attention from various courts throughout Canada. The Honourable Heather Forster Smith, Chief Justice of the Superior Court of Justice in Ontario wrote: "...I think many of the recommendations contained therein are worthy of further consideration. I have taken the liberty of sharing this report with senior judges of our Court who have particular expertise in civil litigation. I will also table your report for consideration by the Council of Regional Senior Judges of the Superior Court of Justices." The Honourable Neil C. Wittman, Chief Justice for the Court of Queen's Bench of Alberta has opened discussions on the court's official position. The Honourable Glenn D. Joyal, Chief Justice for the Court of Queen's Bench of Manitoba and the Honourable Shane I. Perlmutter, Associate Chief Justice for the Court of the Queen's Bench of Manitoba, have sent a copy of the report to every major law firm in Winnipeg.
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Kansas Fellows Speak Out On Judicial Independence
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Steven C. Day, Kansas State Committee Chair, wrote an opinion piece that appeared in
The Wichita Eagle and
The Topeka Capital-Journal on behalf of all Fellows in Kansas. Day wrote: "Kansas faces an unprecedented threat to the independence and fairness of our court system. Powerful special interests, financed largely through secret contributions, are seeking the removal, in one fell swoop, of a majority of the justices of the Kansas Supreme Court and a number of Court of Appeal judges. Every voting Kansas member of the American College of Trial Lawyers believes this would be a tragic mistake."
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Maryland Fellows Give Time To Moot Court Competition
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Maryland Fellows participated as volunteer judges in the Region III Competition of the
National Moot Court Competition, an event co-sponsored by the College. Held at the University of Baltimore School of Law for the 16th year, the competition took place on November 11-13, 2016. A total of 24 student competitors represented 10 teams. The award for best overall team in the region went to the University of Pennsylvania Law School. The award for Best Oral Advocate went to Jacob Boyer from the University of Pennsylvania Law School. Regent William T. Murphy presided over the opening ceremony while Maryland State Committee Chair Daniel R. Lanier presented the awards during closing ceremony. Winners from the regional round will move on to the national competition in New York City.
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National Trial Competition Committee Seeks Volunteers
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The
National Trial Competition, which is co-sponsored by the College, attracts teams from more than 150 law schools and involves more than 1,000 law students each year. Fellows from across the country are asked to serve as judges during the regional rounds. If you are interested in serving as a judge during the regional rounds, please contact the Fellows who are listed as regional liaisons below.
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Region 1 - Harvard Law School
Dates: Feb. 3-5, 2017
Region 2 - Fordham University School of Law
Region 3 - Temple University Beasley School of Law
Dates: Dates: Feb. 9-12, 2017
Contacts: Joe Crawford,
Region 4 - American University Washington
College of Law & University of Maryland
Dates: Feb. 11-12, 2017
Contacts: Don Morin,
Region 5 - University of Georgia
Dates: TBD
Region 6 - Stetson University College of Law
Dates: Feb. 2-5, 2017
Contacts: Gloria Bedwell,
Region 7 - Michigan State University
Dates: Feb. 10-12, 2017
Region 8 - Valparaiso University School of Law
Dates: Jan. 26-29, 2017
Contacts: Tom Cunningham,
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Region 9 - Washburn University School of Law
Dates: Feb. 17-19, 2017
Contacts: Sally Ferguson,
Region 10 - Southern Methodist University School of Law
Dates: Feb. 3-5, 2017
Contacts: Bill
Dawson,
Region 11 - Washington University School of Law in St. Louis
Dates: Feb. 16-18, 2017
Region 12 - University of Montana Alexander Blewitt School of Law
Dates: Feb. 16-19, 2017
Region 13 - Golden Gate University School of Law
Dates: Feb. 2-5, 2017
Region 14 - Loyola Law School & Southwestern University Law School
Dates: Feb. 9-12, 2017
Eugenia Eyherabide,
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North Carolina Fellows Hold Two-Day CLE
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North Carolina Fellows planned and presented a two-day CLE focusing on trials skills for approximately 100 legal services lawyers on Oct. 26-27, 2016 in Greensboro, North Carolina The CLE was a featured part of the 2016 North Carolina Legal Services Conference, titled “Looking Ahead: The Path to Justice.” The conference was sponsored by the North Carolina Equal Justice Alliance, a group of providers of civil legal assistance to low income individuals in North Carolina. The Equal Justice Alliance includes groups such as Legal Aid of North Carolina, NC Prisoner Legal Services and Disability Rights of North Carolina. The program, planned by North Carolina State Committee Vice Chair Mark Holt and Fellow Alan M. Ruley, included the following topics: Evidence Refresher for Litigators; Effective Discovery and Motion Practice; Negotiation and Alternative Dispute Resolution; and Direct and Cross Examination. A $3,730 grant from the Foundation allowed the program to be videotaped for future use. In addition, the program used the
Code of Pretrial and Trial Conduct, with copies being made available to attendees. Given the success of the program, the Equal Justice Alliance and the North Carolina Fellows hope to make the program a regular part of the Equal Justice Alliance’s bi-annual conference for legal aid lawyers.
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Bench, Bar & Firms Vital To Future Trial Lawyers
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Fellow Peter F. Vaira of Philadelphia, Pennsylvania wrote an article titled “The Important Role of a Trial Lawyer” that appeared in
The Legal Intelligencer. In it, he wrote, “…do not let this great feature of the law practice wither away for the sake of economy in discovery or reducing training costs.” He also recognized President Dalton, who said the College “is dedicated to recognizing and preserving the trial lawyer, and will continue to seek them out for fellowship." Click
here to read the full article.
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Progress in Veterans' Appeal of Denial of Benefits
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The Special Problems in the Administration of Justice Committee (U.S.) reported continued progress in its quest to have veterans’ appeals of denial of benefits to be heard in a reasonable time frame. In this effort, counsel for the veterans have filed several mandamus petitions, claiming the current four-year average delay violates due process. While the cases are assigned to different judges—consolidation having been denied—at least one judge has ordered the VA to respond to the substance of the petition. For more information, or to volunteer your assistance in this work, contact Special Problems in the Administration of Justice Committee Chair John Chandler at
jchandler@kslaw.com.
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NATIONAL MEETINGS
2017 Spring Meeting
Boca Raton, FL
March 2-5, 2017
2017 Annual Meeting
Montreal, Quebec
September 14-17, 2017
STATE / PROVINCE MEETINGS
Arkansas Fellows Dinner
Little Rock, AR
December 1, 2016
Mississippi Fellows Dinner
Jackson, MS
December 2, 2016
Louisiana Fellows Dinner
New Orleans, LA
December 3, 2016
Oregon Fellows Holiday Dinner
Portland, OR
December 7, 2016
Washington Fellows Holiday Dinner
Seattle, WA
December 8, 2016
Northern California Fellows Dinner
San Francisco, CA
January 27, 2017
Northeast Fellows Black Tie Dinner
Boston, MA
January 27, 2017
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Mark your calendar now to attend one of the College’s upcoming gatherings.
More events can be viewed on the College website.
Click here for the Events Calendar.
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of Kansas City, Missouri was presented with the Purcell Professionalism Award from the Missouri Bar Foundation for consistent demonstration of competency, integrity and civility in his professional and civic activities.
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Chris G. Paliare, O.Ont., LSM
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of Madison, Wisconsin was the recipient of the 2016 Wisconsin Law Foundation (WLF) Charles L. Goldberg Distinguished Service Award for lifetime service to the legal profession and to the public. The WLF is the charitable arm of the State Bar of Wisconsin.
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New Mexico, September 30: President Dalton and his wife Eileen traveled to beautiful Santa Fe for a cocktail party and dinner with around 20 Fellows and guests at the spectacular home of Fellow C.L. Mike Schmidt and his wife Glenna Goodacre. Goodacre is a world-renowned sculptor whose work graces parks and museums around the country. President Dalton noted that visiting with wonderful people under the New Mexico stars made him a very lucky person.
Nebraska, September 30: While President Dalton was in New Mexico, President-Elect Samuel H. Franklin joined about 60 Fellows and guests at the Happy Hollow Country Club in Omaha for the Nebraska Fellows Dinner. Honored guests included the Chief Justice of the Nebraska Supreme Court and the Chief Judge of the federal district. President-Elect Franklin offered remarks on the state of the College and current initiatives and priorities. Specifically discussed was the total renovation of the Boca Raton Resort & Club, the site of the 2017 Spring Meeting.
Ohio, October 1: The Daltons joined some 70 Fellows and guests in Cleveland for the Fellows Dinner. In addition to dinner and dancing, President Dalton offered remarks on the state of the College, noting recent projects in Ohio that provided leadership to junior lawyers and training for legal aid practitioners.
Vermont, October 5: Few places are as beautiful as Vermont in the fall. President Dalton joined about 20 Fellows at the rustic − but beautiful − Shelburne Farms Resort on the shores of Lake Champlain. There was a spirited discussion of College standards and initiatives, with plenty of give and take in the process.
British Columbia, October 5: While President Dalton was in Vermont, Treasurer Jeffrey S. Leon, LSM represented the College during the Fellows Dinner at the Royal Vancouver Yacht Club. There, he joined Regent John L. Hunter, Q.C. and around 20 Fellows and guests. There was a lively discussion of College news and issues, including the Working Smarter But Not Harder in Canada report and the status of the Veterans Appeals Project.
Delaware
, October 10: This event proves that you can go home again! As the newly minted President, President Dalton returned home from his travels to a dinner in his honor. Besides Fellows and spouses, guest included three of the five justices of the Delaware Supreme Court and at least ten judges of other courts in the state. The highlight of the evening was a roast by former Delaware State Committee Chair Richard Galperin followed by unalloyed praise by the Chief Justice.
Indiana, October 21: Over 70 Fellows and guests joined President Dalton and his wife Eileen at the Woodstock Club in Indianapolis for the annual event. Following dinner, President Dalton offered remarks, focusing on the need for greater diversity in College membership and the need for better communication with the Fellows regarding the good work being done by Fellows across the country and in Canada.
Alabama, November 10-11: While all the events a President travels to are special in their own way, the gathering of Fellows for the Jere F. White Trial Institute is uniquely inspiring. White was a Fellow and founding partner of Lightfoot, Franklin & White, who passed away on October 3, 2011. The Daltons traveled to Birmingham, where around 70 Fellows along with the family of Jere White attended cocktails and dinner at the Birmingham Country Club. The following day was the day-long professional program, where President Dalton sat on a panel with Past Presidents Chilton Davis Varner and Michael W. Smith; President-Elect Samuel H. Franklin; and Regent C. Rufus Pennington III. The seminar included presentations from 28 Fellows, three Past Presidents and Fellow and civil rights attorney Fred D. Gray.
Pennsylvania, November 15: More than 50 Fellows attended the Eastern Pennsylvania Fellows Dinner at Davio's Steakhouse in a private room that overlooks Philadelphia. Three Former Regents attended, Louis W. Fryman, Dennis Suplee and William T. Hangley, along with current Regent Robert E. Welsh, Jr., State Committee Chair Nancy J. Gellman and State Committee Vice Chair Catherine M. Recker. President Dalton felt right at home as he has been attending the event since he was inducted as a Fellow. Many suggestions on how to make the College better went hand-in-hand with many stories and laughs.
Illinois, November 16: The Updates Illinois Fellows Dinner started only four years ago with the hopes that at least 30 Fellows would attend. This year, nearly 70 Fellows came to the dinner held at Mastro's Steakhouse. State Committee Chair Sean M. Berkowitz offered remarks on the College's efforts to increase diversity, the new online polling system and giving to the Foundation. The rest of the evening was spent taking time to enjoy each other's company.
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The College recognizes extraordinary individuals and their important contributions to the law through three awards described below. A nominator need only submit a letter of support, and the award committee will complete an investigation before deciding whether to recommend the person to the Board of Regents. Please consider nominating a worthy recipient. You may send your letter to
nationaloffice@actl.com or directly to the committee chair indicated below
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Griffin Bell Award for Courageous Advocacy Committee
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To receive and investigate recommendations and information relative to outstanding courage demonstrated by trial lawyers in unpopular or difficult causes, and where appropriate to recommend an award.
Pictured:
2013 recipient Louise Arbor
Chair: Daniel J. Buckley,
djbuckley@vorys.com
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Samuel E. Gates Litigation Award Committee
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Sandra Day O'Connor Jurist Award Committee
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The Award, named for Sandra Day O’Connor, is to be given from time to time to a judge in the United States or Canada, whether or not a Fellow of the College, who has demonstrated exemplary judicial independence in the performance of his or her duties, sometimes in especially difficult or even dangerous circumstances.
Pictured:
2010 recipient Honorable Sam Sparks
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The College has been notified of the passing of the Fellows listed below. The date after each name notes the year of induction into the College, and the date following the state or province is the date of his or her passing. A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.
Albert R. Abramson, ’73, San Francisco, California, September 7, 2016
Peter T. Affatato, ’77, Massapequa Park, New York, August 31, 2016
James L. Applegate, ’81, a Fellow Emeritus, Cheyenne, Wyoming, October 5, 2016
William Gilbreth Barber, ’83, Gunnison, Colorado, November 24, 2015
Gary L. Birnbaum
, ’01, Phoenix, Arizona, November 1, 2016
George W. Bramblett, Jr., '89, Dallas, Texas, November 21, 2016
Thomas L. Brayton, '84, Waterbury, Connecticut, October 14, 2016
David Earl Caywood, '94, Memphis, Tennessee, September 7, 2016
Nickolas Peter Chilivis, ’73, a Fellow Emeritus, Atlanta, Georgia, October 4, 2016
David Robert Cumming, Jr., ’81, a Fellow Emeritus, Atlanta, Georgia, April 6, 2016
Ralph Matthew (Mad Dog) Dawson, '68, a Fellow Emeritus, Corsicana, Texas, February 2015
Michael Emerson Dunphy, ’13, Halifax, Nova Scotia, October 11, 2015
Ford Franklin Farabow, Jr., ’05, Washington, District of Columbia, September 12, 2016
James Edward Gorman, II, ’83, a Fellow Emeritus, Edwardsville, Illinois, May 2, 2016
Frank Hastings Griffin, Jr., ’71, a Fellow Emeritus, Newtown Square, Pennsylvania, September 18, 2016
Eugene Hansen, ’79, a Fellow Emeritus, Salt Lake City, Utah, November 5, 2016
Patrick Nicholas Harkins, III, ’97, a Fellow Emeritus, Jackson, Mississippi, November 7, 2016
Jack Caldwell Hebdon
, ’60, a Fellow Emeritus, San Antonio, Texas, February 12, 2016
Edward John Moss, Q.C., ’76, a Fellow Emeritus, Victoria, British Columbia, September 25, 2010
Donald Roy Peterson, ’86, a Fellow Emeritus, Milwaukee, Wisconsin, October 15, 2016
Elijah Barrett Prettyman, Jr., ’81, Washington, District of Columbia, November 4, 2016
Theodore Oreck Struk, ’88, Pittsburgh, Pennsylvania, November 6, 2016
James Peterson Taylor, Q.C., ’01, Vancouver, British Columbia, October 16, 2016
William Frederick Wenke, ’78, a Fellow Emeritus, Newport Beach, California, May 28, 2015
Harold Lee Whitfield, ’98, a Fellow Emeritus, Kirkwood, Missouri, September 27, 2016
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19900 MacArthur Boulevard, Suite 530
Irvine, California 92612
Phone: (949) 752-1801 • Fax: (949) 752-1674
Email: nationaloffice@actl.com
Copyright © 2016 American College of Trial Lawyers, All rights reserved.
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