PBCBA BAR BULLETINS pbcba_bulletin_october 2018 | Page 28

ABA Section

ABA Section

DONNIE MURRELL
For the past twenty years it has been my honor to represent the Palm Beach County Bar Association in the American Bar Association ’ s House of Delegates . Twice a year I traveled to cities across the United States and Canada to participate in the business of the House . Twice a year I would write reports about those meetings . Some of my reports read more like travelogues than reports of Bar activities . I usually resorted to that when there was simply little of substance to report on . Some of the cities we visited were great and some were not so great . Or we were there at the wrong time of the year ( winter in Chicago and Philadelphia are two examples .) There is just no good time to visit Dallas . My term in the House expired this year . The purpose of this final report is provide my perspective on the ABA . Because the ABA prides itself on being the Voice of the Legal Profession , it is an organization of monstrous size and scope . The first annual meeting I attended in Toronto had 12,000 lawyers in attendance . Lawyers from around the world . Lawyers involved in every aspect of the practice of law : human rights , real estate , probate , copyright , family law , intellectual property , insurance defense , tribal law , military justice and many , many more . The CLE catalogue was literally more than an inch thick . There was a committee or meeting or CLE for every legal topic imaginable . It was ten days of non-stop lectures , panel discussions , committee meetings , section meetings and politicking for leadership positions .
Most people are simply unaware of the vast range of ABA projects . The ABA has some role in every aspect of the practice of law . It reviews the qualifications of nominees for the federal bench ; handles the accreditation of all law schools nationwide ; drafts , adopts and publishes the Model Rules of Professional Conduct ; works with the American Law Institute in producing Model Codes ; lobbies Congress every year for funding for the Legal Services Corporation and supports hundreds of other smaller projects throughout the country . Additionally , the ABA has exported the notion of the rule of law overseas with international initiatives such as CEELI ( Central and Eastern European Legal Initiative ) ( created after the collapse of the Soviet Union to assist fledgling democracies in establishing governments ) and later ROLI ( Rule of Law Initiative ) which essentially expanded CEELI world-wide .
It sent official observers to the military tribunals at Guantanamo Bay . The ABA also maintains and funds two charitable arms : The American Bar Foundation and the Fund For Justice , both of which have provided millions of dollars in contributions to worthy causes over the years . The ABA has done all of these things and many , many more . Twenty years ago it led the effort to update the Model Rules of Professional Responsibility in a program called “ Ethics 2000 ”. Sounds kind of quaint now , doesn ’ t it ? Back then the Big Eight accounting firms were threatening to take over the practice of law . There was long and heated debate on the topic of non-lawyer ownership of law firms . A committee was formed to study the threat to the profession posed by an up-start on-line company called Legal Zoom — predicted at the time to be the financial ruin of solo and small firms . Suddenly , the Big Eight imploded in scandal and Legal Zoom started to look benign compared to the newer threats posed by AVVO and others . The ABA struggled to keep abreast of the evolving challenges , doing its best to anticipate the unforeseeable future , remain relevant and provide the traditional services to its members it had always been known for . A tall order for any organization . It had to revise the Model Rules of Professional Conduct once again , largely to keep pace with issues presented by the internet . As we have all heard , the practice of law changed more in the last twenty years than it did in the previous 200 . The ABA did what it could to not only keep up , but to lead . It did not always manage to do so .
Some of my reports were snarky , critical and sarcastic . On more than one occasion I actually received anonymous letters responding to things I wrote and inviting me in no uncertain terms to leave the ABA . My reports were not intended to be insulting . But when the ABA fouls something up , it really fouls up . One example : a few years ago , a committee was formed to study the needs of solo and small firm practitioners , fully 65-70 % of the ABA membership . Despite the fact that there is a Section of Solo and Small Firms , a special committee was appointed to identify and study the issues of particular concern to solo and small firms . That wasn ’ t the bad part . The bad part was the committee was chaired by a senior partner from a New York law firm with over 700 partners . The guy was really familiar with life in my world .
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If you have read my reports you know the ABA has been struggling since the recession . Membership has plunged dramatically . The number of dues paying members has decreased every year for the last decade . Now only about 13 % of the practicing lawyers country-wide are members of the ABA . Attendance at the annual and mid-year meetings is way down . I never saw a number for attendance in Chicago , but my guess would be less than 5,000 lawyers were there . ( The program for the entire meeting was approximately 80 pages , less than a quarter inch thick .) With declining membership comes declining revenue . The ABA is in a fight for its life and doing everything it can to stay viable . It has drastically reduced spending , reduced staff , closed offices , and just approved a more streamlined dues structure that reduces the cost of membership for younger lawyers . It still has large cash reserves , but given its obligations , little room for error . And if we , American lawyers , let the ABA fail after 140 years , we should be ashamed . Whether you choose to be involved or not , we need the ABA .
I say that because the ABA is an incredible organization . It does an amazing array of things for an astonishing number of people . And most of it gets done by volunteer lawyers who are passionate about the particular areas in which they work . During my time in the House of Delegates , I can truly say that I was exposed to greatness : senators ; Supreme Court justices ; attorneys general ; JAG officers who literally put their military careers on the line to defend accused terrorists because they considered that assignment part of their oath to protect and defend the Constitution .
This August I got to hear Bryan Stevenson accept the ABA Medal of Honor and then deliver the best speech I have ever heard . Mr . Stevenson is a Harvard educated , black lawyer who chose to move to Alabama and found the Equal Justice Institute because Alabama does not have a state-funded public defender office . The EJI fills that gap and does incredibly effective work . Mr . Stevenson told us that “ The opposite of poverty is Justice .”
I thank you for allowing me to attend these meetings as your representative . The experience enriched my life and made me a better lawyer . I urge you to join and support the ABA .