Amended IOLTA Rules Take Effect
The District of Columbia Court of Appeals has adopted amendments to the rules governing Interest on Lawyers’ Trust Accounts (IOLTA). The rules, which took effect August 1, make participation in the program mandatory for D.C. Bar members who receive IOLTA-eligible funds, except when a lawyer is otherwise compliant with the contrary mandates of a tribunal, or when the lawyer is participating in and compliant with trust accounting rules and the IOLTA program of the jurisdiction where the lawyer is licensed and principally practices.

The revisions amend Rule 1.15 of the D.C. Rules of Professional Conduct and delete Rule 1.19 and Appendix B to the rules. Some provisions of former Rule 1.19 and Appendix B were moved to Rule 1.15 and to a new Section 20 to Rule XI of the D.C. Court of Appeals Rules Governing the District of Columbia Bar.

The revised rules are intended to boost funds distributed by the D.C. Bar Foundation to local legal services providers by increasing revenue from D.C. IOLTA and interest paid by banks on funds held in these accounts. The revisions also provide greater clarity to the trust account ethics rules.

For more information on the revised rules, contact legal ethics counsel Hope C. Todd at 202-737-4700, ext. 3231, or Saul Jay Singer at 202-737-4700, ext. 3232, or by e-mail at ethics@dcbar.org. For questions about how to set up and operate a D.C. IOLTA, contact Daniel M. Mills, manager of the D.C. Bar Practice Management Advisory Service, at 202-737-4700, ext. 3212, or by e-mail at dmills@dcbar.org. For information about D.C.-IOLTA compliant banks, contact the D.C. Bar Foundation at 202-467-3750 or visit its Web site at www.dcbarfoundation.org/iolta.html.

Mayoral, City Council Candidates Participate in UDC Forum
D.C. mayoral hopeful Vincent Gray and Kwame Brown, who is running for chair of the D.C. Council, took part in a candidates’ forum on July 29 at the University of the District of Columbia (UDC) David A. Clarke School of Law, an event cosponsored by the D.C. Bar District of Columbia Affairs Section.

Gray, the departing city council chair, and Brown were among a group of candidates invited to the forum. Incumbent Mayor Adrian M. Fenty, who is seeking a second term, and city council chair candidate Vincent Orange also were invited but did not attend.

Moderators Bruce DePuyt of News Channel 8 and former Ward 3 councilmember Kathy Patterson moderated the in-depth conversation, which centered on the future of the District and its government.

Gray criticized Fenty’s lack of good working relationship with the city council, noting that he had not met with the mayor in seven months.

“This is no way to run the city,” Gray said. As mayor, Gray said he would make sure there is a continuous, open communication between the mayor’s office and the city council.

Both Gray and Brown said they have a good working relationship, one that would continue if they were elected to their respective positions. Brown said that while he would work closely with whoever is elected mayor, it also is important that the city council not give up its individual legislative voice.

Later in the forum, both candidates talked about their support of vocational training to help District residents obtain jobs; Brown spoke of the need of those doing business in the District to employ local residents.

When the conversation turned to education and D.C. statehood, Gray said he thought “the stars were aligned” in 2009 when Congress passed the D.C. House Voting Rights Act, but that the resulting amendments, which have included changes to D.C. gun control laws, was “a poison pill.”

If elected mayor, Gray said he would continue to work with statehood advocates and put more money into lobbying efforts on Capitol Hill.

“If we continue to really wage the battle on this issue, we have to put serious resources behind it,” he said.
Brown echoed Gray’s sentiments on statehood and said that more young people need to get involved in the movement.

The UDC forum was cosponsored by the American Civil Liberties Union of the National Capital Area, Bar Association of the District of Columbia, Consortium of Universities, D.C. Access to Justice Commission, DC Appleseed Center, D.C. Consortium of Legal Services Providers, D.C. Vote, Defeat Poverty D.C., the NAACP, and UDC David A. Clarke School of Law.—K.A.

Don’t Lose Your License! Pay Bar Dues By September 30
D.C. Bar members whose Bar dues and/or late fee, if applicable, are not received or postmarked by September 30 automatically will be suspended for nonpayment and subject to additional reinstatement fees.

Dues amounts are $237 for active members, $127 for inactive members, and $116 for judicial members. When paying dues, members also may join a section or renew their section memberships and make contributions to the D.C. Bar Pro Bono Program.

Payments may be remitted by mail or submitted online at www.dcbar.org/login. For online payments, members will need their username and password, which automatically can be retrieved if their e-mail address matches what the Bar has on file. As an added convenience, the Bar now accepts American Express.

Dues that were not received postmarked by July 15—a month earlier than in previous years—were assessed a late fee of $30.

Members are encouraged to confirm all of their personal information on the dues statement, including e-mail addresses.

Bar Seeks Candidates for Committee, Board Vacancies
The D.C. Bar Board of Governors is seeking candidates for appointment in the fall to 10 of the Bar’s standing committees, and to the board of directors of the Neighborhood Legal Services Program (NLSP).

The following Bar standing committees are recruiting members: Community Economic Development Pro Bono Project Advisory Committee, Continuing Legal Education Committee, Governance Integration Advisory Committee, Lawyer Assistance Committee, Membership Committee, Practice Management Service Committee, Pro Bono Committee, Publications Committee, Regulations/Rules/Board Procedures Committee, and Rules of Professional Conduct Review Committee.

Additionally, the Bar is accepting candidate résumés for the seven-member Committee on Nominations and the Election Board. These bodies are appointed each year in accordance with the Bar’s bylaws and are responsible for nominating candidates for the Bar’s officer and Board of Governors positions for the next Bar election and for reviewing the vote counts. Any active member of the Bar who is not an officer or member of the Board of Governors and who has not served on the Committee on Nominations during the past three years is eligible to apply. Any active member is eligible to serve up to three consecutive years. Leadership experience with voluntary bar associations or with the Bar’s sections is highly desirable.

Finally, the Board of Governors is also accepting résumés from D.C. Bar members who are interested in serving on the board of directors of the NLSP. Candidates must be licensed attorneys who are supportive of the Legal Services Corporation Act and have an interest in, and knowledge of, the delivery of quality legal services to the poor. The NLSP board is required to attempt to reflect the diversity of the NLSP client population in its recommendations of proposed members to the Bar’s Board of Governors.

The following committees have positions designated for nonlawyer members:

Individuals interested in being considered for any of these openings should submit a résumé and cover letter stating the committee or board on which they would like to serve. Submit materials online at www.dcbar.org/vacancies or by mail to D.C. Bar Executive Office, 1101 K Street NW, Suite 200, Washington, DC 20005-4210. Materials must be received by September 3.

Bar Welcomes New Members at Reception
The D.C. Bar Board of Governors and Membership Committee hosted a reception welcoming new attorneys who recently have joined the Bar.

Approximately 35 guests attended the New Member Reception, where they had the opportunity to network and meet with Bar leaders, including then-Bar President Kim M. Keenan and current Bar President Ronald S. Flagg.

Keenan welcomed the new members to what she called “a really great bar to be a part of,” and she urged them to become involved in Bar activities.

“You join a very special group and the second-largest unified Bar in the country…. What’s special about us is that even though we have 50,000 or so members in the Washington metropolitan area, we have another almost 40,000 members all around the country,” Keenan said.

Supporters of the reception, which was held at the D.C. Bar headquarters, included ABA Retirement Funds, Avis Budget Group, and The Sports Club/LA.—K.A.

Hispanic Bar Opens Nominations for Equal Justice Awards
The Hispanic Bar Association of the District of Columbia (HBA-DC) is seeking nominations for the 2010 Equal Justice Awards, the recipients of which will be honored at its annual gala later this fall.

The awards honor individuals and organizations that have exemplified outstanding contributions to the Latino community of Greater Washington, D.C., in the areas of equality, fairness, and social justice, as well as an unwavering commitment to and achievement in public service.

HBA-DC is calling for nominees for the Hugh A. Johnson Jr. Memorial Award (individuals and organizations), the Judge Ricardo M. Urbina Lifetime Achievement Award (individuals), and the Rising Star Award (individuals).

The nominations form can be found at www.hbadc.org/notices and should be e-mailed to nominations@hbadc.org by September 3.—K.A.

D.C. Elections Board Calls for Volunteers
The D.C. Board of Elections and Ethics is seeking attorneys interested in serving as volunteer election monitors during the D.C. primary election on September 14 and general election on November 2.

Election monitors are tasked with assisting precinct captains with legal concerns on Election Day. This task includes overseeing the completion of registration forms, ensuring adequate demonstration of proof of residence, maintaining proper procedures during challenges to voter qualifications, and detecting electioneering and election fraud. Training will be provided prior to the start of the early voting period.

For more information or to volunteer, please contact Renee Christensen at the D.C. Board of Elections and Ethics at 202-727-2897 or rchristensen@dcboee.org.

New Ethics Opinioni Clarifies In Re Mance Holding
The Legal Ethics Committee has issued Opinion 355, addressing questions about flat fees and trust accounts following the In re Mance decision. For additional information, refer to Saul Jay Singer’s “Speaking of Ethics” column or read the full opinion available on the Bar’s Web site at www.dcbar.org.

D.C. Practice Manual 19th Edition Now Available
The D.C. Bar Communications and Sections Offices have just released the 19th edition of the District of Columbia
Practice Manual at the lowest price in three years.

This two-volume manual is an important resource that, in an easy-to-use format, provides information on the basics of practicing law in the District of Columbia in 33 chapters and includes citation to key statutes, regulations, court rules, and cases, as well as relevant forms.

The newest edition, written and reviewed by D.C. Bar members, revises 23 chapters from the previous edition covering a range of topics: administrative procedures, alternative dispute resolution, antitrust, appellate practice in the District of Columbia Court of appeals, art, child abuse and neglect, consumer protection, corporate practice, criminal law and practice, domestic relations, employment law, environmental law, finding the law in the District of Columbia, intervention proceedings, juvenile law and practice, legal ethics and attorney discipline, partnerships, small claims, Superior Court civil practice, taxation, United States District Court practice, wills and estates, and zoning and historic preservation.

The 19th edition is available from the Bar at $225, the lowest price since 2007. For more information or to place an order, contact the D.C. Bar Communications Office by mail at 1101 K Street NW, Suite 200, Washington, DC 20005-4210; secure fax at 877-508-2606, or e-mail at communications@dcbar.org.

NLCHP Panel Urges Action to Help End Homelessness
On July 6 the National Law Center on Homelessness & Poverty (NLCHP) hosted its annual Lawyers Executive Advisory Partners (LEAP) Reception, featuring a forum on the power of pro bono work to end homelessness.

The event, held at Sidley Austin LLP, highlighted the numerous opportunities being offered by NLCHP to combat homelessness through law, from undertaking research projects to drafting proposed housing regulations.

Panelists Patricia Brannan of Hogan Lovells, Peter Thomas of Simpson Thacher & Bartlett LLP, and Suzanne Turner of Dechert LLP suggested to the young associates in the audience that they could also advance their careers by taking on pro bono cases to develop their skills and project management abilities.

Following the discussion, a reception was held to recognize the pro bono and financial support of member firms of LEAP, a national philanthropic effort to help homeless and poor Americans achieve self-sufficiency.

Keynote speaker and D.C. Bar President Ronald S. Flagg spoke about the growing number of homeless people in the United States and the need to act immediately.

“A tragedy as pervasive and complicated as homelessness can only be addressed by a broad, concerted, multipronged effort involving public education, legislative advocacy, and litigation,” he said.

All are part of NLCHP’s mission, and the organization has, among many other things, worked to secure federal legislation to increase national resources devoted to ending homelessness, as well as to protect the rights of homeless children to quality education.

“Strong educational opportunities are critical to ending the downward spiral of poverty and homelessness. Inversely, the surest way to ensure the continuation of this downward spiral is to deny a child access to high quality education,” Flagg said.

In thanking all the firms for their support, NLCHP Executive Director Maria Foscarinis said, “Lawyers and law firms are really the ones that get it the most. They really understand what a powerful difference the law can make when put to this kind of use.”—T.L.

Bar Members Must Complete Practice Course
New members of the District of Columbia Bar are reminded that they have 12 months from the date of admission to complete the required course on District of Columbia practice offered by the D.C. Bar Continuing Legal Education Program.

D.C. Bar members who have been inactive, retired, or voluntarily resigned for five years or more also are required to complete the course if they are seeking to switch or be reinstated to active member status. In addition, members who have been suspended for five years or more for nonpayment of dues or late fees are required to take the course to be reinstated.

New members who do not complete the mandatory course requirement within 12 months of admission receive a noncompliance notice and a final 60-day window in which to comply. After that date, the Bar administratively suspends individuals who have not completed the course and forwards their names to the clerks of the District of Columbia Court of Appeals and the Superior Court of the District of Columbia, and to the Office of Bar Counsel.

Suspensions become a permanent part of members’ records. To be reinstated, one must complete the course and pay a $50 fee.

The preregistration fee is $219; the on-site fee is $279. Course dates are September 11, October 5, November 6, and December 7. Advanced registration is encouraged.

For more information or to register online, visit www.dcbar.org/mandatorycourse.

Hogan Auction Raises $16,000 to Benefit D.C. Bar Foundation
Hogan & Hartson LLP has long been supportive of legal services for the needy, so when the firm combined with Lovells LLP on May 1 to become Hogan Lovells, it continued that tradition by auctioning off memorabilia with the “Hogan & Hartson” name.

The proceeds of the auction benefited the D.C. Bar Foundation; final receipts totaled more than $16,000. The Bar Foundation will use these funds to support grants to legal services providers in the District.

“It is fitting that the name of Hogan & Hartson leaves our community in a manner utterly in keeping with its history and reputation: unabashedly supporting legal services to the poor,” said D.C. Bar Foundation President Mark Smith, who also noted that the funds will help bridge the enormous funding gap for legal services.

“Supporting legal services for the poor is simply part of our firm’s culture, and we are pleased to be able to honor our combination and name change in this fashion,” said Warren Gorrell Jr., cochief executive officer of Hogan Lovells and a partner in its corporate group.

The Bar Foundation is the largest, single private funder of civil legal services in the District. It supports nonprofit legal services providers through direct grants, training and technical assistance, and an educational loan repayment program for poverty lawyers.—K.A.

Brandt, Schneider Win Justice Potter Stewart Award
The Council for Court Excellence presented Rainey Ransom Brandt and Pauline A. Schneider with its 2010 Justice Potter Stewart Award. Now on its 14th year, the award honors individuals who have captured the spirit of the former U.S. Supreme Court justice and his deep commitment to the law.

As special counsel to the chief judge of the D.C. Superior Court for the past 12 years, Brandt promotes improved access to justice, efficient court and criminal justice system operations, continuing legal education for judges and lawyers, and close collaboration among all stakeholders in the justice system. She also has spent significant time providing pro bono service to the community.

Chief Judge Lee F. Satterfield lauded Brandt’s years of distinguished service, saying, “When it comes to the Superior Court, Rainey Brandt is the best troubleshooter there is…. She’s the power behind the judges getting things done.”

He later jokingly compared Brandt with famous musicians like Madonna and Beyoncé who enjoy single-name recognition. “In the court industry, we have our own superstar that we all know as Rainey,” Satterfield said.

In a show of gratitude and support, more than a dozen judges in the audience came on stage to offer their congratulations to Brandt.

Following the standing ovation, Brandt said, “I’m just doing my job.” In accepting the award, she quoted Shirley Chisholm, the first black woman elected to Congress: “‘Service [to others] is the rent you pay for your room here on Earth.’ I’m very fortunate to have a job that allows me live out that sentiment daily.”

D.C. Delegate Eleanor Holmes Norton introduced Schneider, calling her one of the city’s premier lawyers. For more than 30 years, Schneider has made significant contributions to the legal profession and to governance and economic development in the District.

She is a partner at Orrick, Herrington & Sutcliffe LLP, where she practices primarily in the area of public finance, and a former president of the D.C. Bar. Prior to joining Orrick, she practiced at Hunton & Williams LLP. She also spent part of her career in public service, first in the White House Office of Intergovernmental Affairs under President Jimmy Carter, and later in former Mayor Marion Barry’s Office of Intergovernmental Relations.

“I was steeped in a tradition of finding fulfillment from doing good by parents who spent enormous amounts of time, energy, and modest amounts of money trying to make the communities in which I grew up better places,” Schneider said. —T.L.

Rockin’ for a Cause
Members of Sutherland Comfort from Sutherland Asbill & Brennan LLP perform at the “Banding Together 2010” battle of the law firm bands fundraiser at the Black Cat in June. The event raised more than $130,000 for Gifts for the Homeless, a legal organization-supported nonprofit that provides new and used clothing to the homeless in the District. Sutherland Comfort won the battle, raising more than $29,000 through fan votes (each dollar equaled one vote). Pictured from left are band members and Sutherland associates Daniel Buchner and Naseem Nixon, with Océ staff member Chris Lewis.—K.A.
Photo courtesy of Gifts for the Homeless.

Zuckerman’s Reiser Receives
Pro Bono Publico Award David A. Reiser, counsel at Zuckerman Spaeder LLP, was honored with the 2010 Pro Bono Publico Award on August 10 during the American Bar Association’s (ABA) Annual Meeting.

Presented by the ABA’s Standing Committee on Pro Bono and Public Service, the award recognizes individuals or organizations that enhance the human dignity of others by improving or delivering volunteer legal services to the poor or disadvantaged.

“David Reiser has a commitment to speaking out on behalf of clients unable to pay for legal representation, and has been instrumental in the development of policy to aid the indigent,” ABA President Carol B. Lamm said. “His dedication to providing legal assistance to address inequities in the justice system serves as an inspiration to all of us in the legal profession.”

Throughout his career, Reiser has championed access to justice causes. He helped launch the Legal Aid Society of the District of Columbia Appellate Advocacy Project, which aims to offer quality representation in civil matters to the District’s poor population. For the past six years, his work on the project included handling, on average, eight Legal Aid cases a year, and he has helped represent clients on issues ranging from child custody to consumer rights. In addition, he has written amicus briefs in three cases before the U.S. Supreme Court, an effort to protect the rights of defendants in criminal matters and of states to enforce state laws against predatory lending.

“David has given thousands of hours; lent his abundant, creative energy; formed and implemented visionary legal strategies; mentored younger lawyers; and stepped into the breach every time he was asked,” said Jonathan M. Smith, executive director of Legal Aid. “Thousands of District residents and the courts have benefitted from his efforts.”

At Zuckerman, Reiser’s civil practice focuses on litigation involving Native American tribal sovereignty and tribal land rights. Previously, he served with the U.S. Department of Housing and Urban Development and was an attorney at the District of Columbia Public Defender Service.

“David’s appetite for helping those who cannot afford counsel is insatiable and his effort indefatigable,” said Eleanor Smith, chair of Zuckerman’s pro bono practice. “David is an inspiration to his colleagues at Zuckerman, Legal Aid, and whomever he has come into contact.”

In accepting the award, Reiser said: “I am grateful for the recognition that the ABA award has given to the Legal Aid Society’s Appellate Advocacy Project. I think the project has made a real contribution to the goal of equal justice for poor people in the District. The kind of sustained work Legal Aid lawyers do every day—and that I have been proud to be part of through the project—is less glamorous than some other pro bono work, but it is fundamental to maintaining a fair legal system.”

The 2010 ABA Annual Meeting was held August 5–10 in San Francisco.—T.L.

New Lawyers, No Daily Grind: Is Lawyering Worth Staying?
Work–life balance. It’s the phrase constantly thrown around by human resources departments across the country. It’s an ever-elusive concept that very few in Washington, D.C., actually achieve. And lawyers? They’re notorious for heavily tipping the scales toward work. So for many, the fact that a 2006 survey by the American Bar Association (ABA) reports that only 55 percent of lawyers are satisfied with their careers is not shocking.

What may come as a surprise, however, is that despite the increasingly cramped quarters of the legal industry as it continually sheds jobs, more and more people want to become a part of the pursuit of justice. According to the U.S. Bureau of Labor Statistics, the legal industry lost 22,000 jobs in 2009, yet law schools saw a 7 percent rise in applications.

“Law is sort of the great American default option,” joked Andrew Adair, an associate at Feldesman Tucker Leifer Fidell LLP. “It’s what people do when they don’t know what else to do.” While only kidding, there is truth to his words. With limited employment opportunities, students are turning to additional schooling, leading to an oversaturated market and marked levels of dissatisfaction among recent graduates struggling to find substantive work.

Attorneys in Limbo
For a growing number of graduates, contract work has been the only option. “I had a good idea it would be difficult getting a job in D.C. coming from a second-tier school that was outside the D.C. market,” said a contract attorney at a mortgage company who requested anonymity. “[However], nothing in my prior experience or law school could have prepared me for how difficult the job market would be.”

His excitement of attaining a job has waned as nearly two years have passed. “There has been a fair amount of hiring by my employer, but the new hires are mostly more seasoned attorneys. My skill set cannot compare,” he said. His biggest frustration is that he cannot get substantive work, and is usually left doing tasks that are generally assigned to paralegals. “At best, they might be deemed law clerk tasks. It makes it difficult to build your résumé and develop a skill set that is marketable.”

Compounding the issue is that contract attorneys, who are ridden with the usual law school debt, are not getting paid as well as their counterparts at law firms or other organizations. Medical and dental expenses are out of pocket. Overtime, where much of their money is made, is limited. Vacation time is often whittled down to one week a year.

“I don’t regret the education or the law school experience. [They] were invaluable, but every time I look at the outstanding balance on my student loans, I wonder why I incurred such debt,” he said. He sometimes wishes he could instead take out a small business loan and open a drive-in movie theater in the area.

To Leave or Not to Leave
“I can count on one hand how many happy practicing lawyers I know,” said Monica Parker, a former attorney and now chief entrepreneurial officer of LeavingTheLaw.com, a company that helps lawyers try to find work outside of the law. “It’s not that they can’t do it and that they can’t do it well. It’s that they aren’t fully engaged in the practice of law and would probably be better suited in other careers.”

Parker has a theory on why the dissatisfaction rate is so high among attorneys. “A lot of lawyers went to law school like I did—by default,” she said. It’s a great education, with the possibilities of good pay and prestige. A regular complaint about law school, though, is that it doesn’t prepare graduates for the actual job, leaving prospective attorneys with unrealistic expectations. The hours are long, the stress enormous, and the work is often tedious. “When high expectations smash up against reality, it creates dissatisfaction,” Parker said.

The profession has also changed over the last two decades, said Daniel Lukasik, a managing partner at Cantor Lukasik Dolce & Panepinto in Buffalo, New York. “It’s become more stressful and combative.” According to the ABA study, 69 percent of those surveyed report that lawyers are less civil to each other. Respondents also believe that competition among firms has increased, while loyalties between clients and firms have dropped.

Is job dissatisfaction really a sign to move on, though? For many, it’s simply the ebb and flow of a typical job. The ABA survey shows that satisfaction grows with responsibilities. Sixty percent of attorneys practicing more than 10 years were happy with their careers and 81 percent of all surveyed found their practice intellectually stimulating.

“It’s a very hierarchical field,” said the contract attorney. “Oftentimes, especially for recent graduates, attorneys are disappointed the work they are doing is not as interesting as they would like [it to be]. . . . It can take a while to work your way up to a point where you have great responsibilities.”

When unhappiness makes its way to the surface on a recurring basis, however, it may be time to rethink career options. Parker recalls seeing a landscaper digging in the soil and thinking that seemed more appealing than going to the office. It was time for her to go.

To begin the transition, she suggests making a list of alternatives. “Whatever appeals to you, put it on the list,” she said. Start exploring. Read books, take classes, meet people in the field. Then figure out the obstacles and how to conquer them. “If an obstacle is truly insurmountable, that may be a message to you that this isn’t the possibility you want to explore.”

Changes sometimes only need to be within the field. Perhaps it’s a move from a big firm to a smaller one, from litigation to transactions, or from corporate America to the public sector. The answer also may be found in having an outlet outside of work.

Adair, who spent eight years as a jazz pianist before switching to law, still spends a few weekends playing gigs around the District. “It’s hard to do law and not let it consume you to some extent,” he said. “[But] your profession doesn’t necessarily define you. It’s something that you do.”—T.L.

Reach D.C. Bar staff writers Kathryn Alfisi and Thai Phi Le at kalfisi@dcbar.org and tle@dcbar.org, respectively.