D.C. Bar 2012–2013 Annual Report
From Washington Lawyer, July/August 2013
Fulfilling the Bar's Commitment to Service, Integrity, Leadership, and Diversity
In fiscal year 2012–2013, a year after marking its 40th anniversary, the D.C. Bar continued to meet and expand its commitment to its core organizational values of service, integrity, leadership, and diversity. The Bar itself is continuing to expand—it is quickly approaching 100,000 members worldwide, 60 percent of whom live or work in the Washington metropolitan area.
A major development in the area of leadership was the launching of the D.C. Bar Leadership Academy in March after more than two years of planning by the Leadership Development Committee. The academy aims to identify, inspire, and educate Bar members to become leaders of the Bar and to encourage them to use their leadership skills in professional settings, local bar associations, and community organizations.
By teaching attendees the knowledge and skills they need to become successful Bar leaders, the Bar will be able to create a strong pool of potential candidates for leadership positions, thereby carrying out its
strategic plan objective of “developing an organizational culture that produces outstanding leaders. . . .”
The 16 Bar members who participated in the inaugural Leadership Academy heard from several Bar leaders and speakers from Leadership Outfitters. The second Leadership Academy will be held in the spring of 2014, with applications available this fall.
Enhancing Professional Excellence
This year the Bar worked on enhancing professional excellence through a range of substantive program offerings.
Among the year’s highlights was the 2013 Judicial and Bar Conference, themed “Redeeming Gideon: Access to Counsel 50 Years Later” and featuring a keynote address by Stephen B. Bright, president and senior counsel at the Southern Center for Human Rights and the Harvey Karp Visiting Lecturer in Law at Yale Law School. The conference also featured a range of afternoon seminars, many of which were attended by standing room-only crowds. The conference wrapped up with a reception honoring the judiciary and with the presentation of the D.C. Bar Foundation’s Jerrold Scoutt Prize to Bread for the City’s Su Sie Ju, a public interest attorney who has devoted much of her career working with the District’s low-income residents.
Bar members took part in other outstanding programming presented by the Bar’s Continuing Legal Education (CLE) Program and 20 sections.
This year the CLE Program offered 139 courses, which included 101 two- to three-hour individual courses, 17 multisession series, and 20 full-day courses, and 12 monthly sessions of the Mandatory Course on the D.C. Rules of Professional Conduct and D.C. Practice for new members. Thirty-six courses were part of the Rules Education Program, which focuses on helping members to learn about ethics rules.
Among the CLE offerings this year were specialized full-day classes that followed up on introductory courses and that taught members how to complete a specific kind of case or solve a particular problem. One example is the course “Immigration Law Practice Clinic,” which teaches participants how to handle immigrant and nonimmigrant visas.
At the Judicial and Bar Conference the Rules Education Program offered a unique musical ethics course in which the instructor presented ethics problems through a series of Country Western song parodies, followed by multiple choice ethics problems that the audience voted on using electronic transponders.
The CLE Program staff sold more than 1,000 course books (with audio recordings of CLE classes) to help members improve their legal skills. The March Madness Book Sale generated nearly $5,000 in revenue.
The CLE Program has been taking advantage of technology to offer new and improved services and information to Bar members. It worked with the Communications Department to blog and tweet about course topics and to feature faculty conversations about evolving legal issues, provided members with an interactive online catalog, used an electronic polling device to make classes more interactive and to encourage attendees to answer questions about topics, and prepared to offer course materials with audio recordings electronically (and via MP3 downloads) to members. In addition, the CLE Program is developing online CLE courses, which it plans to have accredited and available to members by 2014.
The Bar’s sections, which consist of approximately 22,000 members, hosted about 250 programs this fiscal year, including the annual Youth Law Fair and the Banneker Science Fair. The International Law Section was honored with the Best Section Award at the Celebration of Leadership: The D.C. Bar Awards Dinner and Annual Meeting in June.
Member engagement and increased professional resources continue to be key objectives of the sections. Another objective has been to utilize technological resources such as Webinar programming. In addition, this year marked the first time that Section Steering Committee elections were conducted primarily online, with paper ballots made available to members by request.
Reaching Out to Members and the Community
There were several developments this year within the D.C. Bar Pro Bono Program, which served approximately 20,000 residents through its clinics, resource centers, and projects.
In March the Pro Bono Program launched an online resource center for its Community Economic Development (CED) Project. The resource center (www.lawhelp.org/dc/ced) provides nonprofits and small businesses with legal information about topics such as D.C. law governing nonprofit organizations and limited liability companies, federal tax compliance, labor and employment, risk management, intellectual property, fundraising regulation, nonprofit governance, and government contracting. The site allows users to access event calendars, read legal alerts and discussions about targeted legal issues, explore resource manuals that provide an in–depth discussion of legal topics, and listen to Webinars on-demand.
In April the D.C. Access to Justice Commission and the D.C. Bar Pro Bono Committee approved the “Final Report of the Limited Scope Working Group,” which was submitted to the D.C. Courts and the Bar for implementation.
The working group was created in May 2012 to develop recommendations to institutionalize the practice of limited scope representation in the District of Columbia to provide residents with low, limited, and moderate means greater access to counsel when they need it most. Among the working group’s recommendations was for the D.C. Superior Court to create a special committee to draft a court-wide rule permitting limited appearances. The working group also recommended that the D.C. Bar implement a process to revise Rule 1.2(c) of the D.C. Rules of Professional Conduct.
The Pro Bono Program also released this year the “Report of the Family Law Task Force.” The task force was created by the D.C. Bar Board of Governors in 2009 to develop recommendations to expand access to justice and to improve the administration of justice in the Domestic Relations and Paternity and Child Support branches of the Family Court of the D.C. Superior Court. In recognition of its work, the D.C. Bar named the task force a co-recipient of its Best Bar Project Award at the Celebration of Leadership.
The task force’s report details 23 recommendations, including granting remote access to unsealed child support docket entries without divulging highly sensitive information, issuing an administrative order that permits a review of a paternity and child support court file by an attorney who has a written release signed by an authorized parent (even though he or she is not the attorney of record), developing additional tools for pro se litigants (including pro se discovery forms), and developing interactive pleadings for pro se litigants in the Paternity and Child Support Branch. The Family Court already has taken steps toward implementing some of the task force’s key recommendations.
The Bar continued to offer support and guidance to members through its Lawyer Assistance Program (LAP), which provides free assistance to lawyers, judges, and law students who are struggling with mental health issues, addiction, stress, or other problems. LAP continued to undertake educational outreach at area law schools and held two meditation programs in cooperation with the Bar’s Health Law Section. LAP Manager Denise Perme participated in this year’s Disciplinary Conference of the District of Columbia where she spoke about the program and attorneys in distress.
The other winner of the Best Bar Project Award was the Clients’ Security Fund Study Committee. Formed in the fall of 2010, the committee was charged with making recommendations to the Board of Governors about the funding of the Clients’ Security Fund (CSF) and the method of paying claims. In October the committee submitted its final report to the Board of Governors, which approved the recommendations on how the Bar should fund the CSF to provide for greater budget predictability, and approved an increase in the per-claim cap in November 2012. The recommendations will go into effect at the start of the next dues ceiling cycle.
With these changes, the limit on any individual claim payment would increase from $75,000 to $100,000. Another change will result in CSF’s year–end balance floating within the range of $500,000 to $1.25 million, with a target range of $750,000 to $1 million.
As a complement to the popular “Basic Training and Beyond” program, the Bar’s Practice Management Advisory Service developed and produced a 13-week course titled “Successful Small Firm Practice,” which is free to Bar members. The program provided participants with an in–depth overview of best practices in managing and growing a solo/small firm practice in the District of Columbia.
The Bar’s Legal Ethics Committee continued to provide guidance on the D.C. Rules of Professional Conduct. In April the committee published Legal Ethics Opinion 365, which addresses conflicts of interest that may arise when a government agency lawyer pursues his or her own challenge to a furlough while being asked to defend the agency against substantially similar challenges by other affected agency employees.Consolidated Statements of Activities and Financial Position • Years Ended June 30, 2012 and 2011
|Admissions and Registrations||1,962,951||1,857,475|
|Books and Publication Sales||256,812||158,404|
|Other Fees and Services||11,386||11,890|
|Board on Professional Responsibility||$7,442,972||$7,032,356|
|Conference and Annual Meeting||237,200||153,854|
|Continuing Legal Education||3,263,231||3,112,132|
|Clients’ Security Trust Fund||183,092||568,565|
|Pro Bono Program||1,981,640||1,794,938|
|Total Program Services||$19,017,106||$18,353,817|
|Administration & Finance—D.C. Bar||$7,652,526||$7,555,145|
|Administration & Finance—Pro Bono||271,441||272,122|
|Total Supporting Services||9,395,001||9,276,083|
|Changes in net assets||2,495,080||3,984,441|
|Net Assets Beginning of Year||13,092,337||9,107,896|
|Net Assets End of Year||$15,587,417||$13,092,337|
|Cash and Cash Equivalent||$12,695,552||$10,204,544|
|Investments: Clients’ Security Trust Fund||750,000||750,001|
|Receivables, Net of Allowance for Doubtful Accounts||195,032||244,531|
|Property and Leasehold Improvements, Net||5,284,256||5,813,417|
|Liabilities and Net Assets|
|Accounts Payable and Accrued Liabilities||$3,782,660||$3,604,260|
|Landlord Improvement Allowance||3,207,955||3,567,726|
|Deferred Rent Liability||1,211,215||994,346|
|Net Assets Designated:|
|Mandatory Dues Purposes||$8,888,372||$6,663,968|
|Clients’ Security Trust Fund||750,000||750,001|
|Pro Bono Program||2,272,405||2,862,678|
|Continuing Legal Education||545,862||316,647|
|Total Net Assets||$15,587,417||$13,092,337|
|Total Liabilities and Net Assets||$36,875,282||$34,040,860|
The above financial reports represent the District of Columbia Bar’s Consolidated Statements of Activities and the Consolidated Statements of Financial Position for the years ended June 30, 2012 and 2011. Any member who wishes to receive a full copy of the Bar’s Consolidated Financial Statements and Schedules may request one by calling 202-737-4700, ext. 3343.
D.C. BAR BOARD OF GOVERNORS 2012–2013
Thomas S. Williamson Jr.
Covington & Burling LLP
Law Offices of Andrea Ferster
Schumack Ryals PLLC
Lily M. Garcia
The Strayer University Corporation
Steptoe & Johnson LLP
Amy L. Bess
Vedder Price P.C.
Susan Low Bloch
Georgetown University Law Center
Theodore D. Chuang
U.S. Department of Homeland Security
H. Guy Collier
McDermott Will & Emery LLP
Troutman Sanders LLP
Sabine S. Curto
Kirkland & Ellis LLP
King & Spalding LLP
Stephen I. Glover
Gibson, Dunn & Crutcher LLP
Jeffrey S. Gutman
The George Washington University
Glenn F. Ivey
Leftwich & Ludaway LLC
Bridget B. Lipscomb
U.S. Department of Justice
Lorelie S. Masters
Jenner & Block LLP
Darrell G. Mottley
Banner & Witcoff, Ltd.
Walmart Stores, Inc.
Gregory S. Smith
Law Offices of Gregory S. Smith
R. Justin Smith
U.S. Department of Justice
University of the District of Columbia David A. Clarke School of Law
Vytas V. Vergeer
Bread for the City
D.C. BAR COMMITTEES AND TASK FORCES
Attorney/Client Arbitration Board
Michael Wolf, Chair
Rodney J. Bosco, Vice Chair
Darrell G. Mottley, Chair
Andrea Ferster, Chair
Clients’ Security Fund Study
Geoffrey M. Klineberg, Chair
Nathalie F. P. Gilfoyle, Vice Chair
Community Economic Development Pro Bono Project Advisory
Richard Marks, Chair
Louise A. Howells, Vice Chair
Thomas S. Williamson Jr., Chair
Continuing Legal Education
Catherine D. Bertram, Chair
Luke Reynolds, Vice Chair
Carolyn B. Lamm, Chair
Disaster Practice Issues Working Group
Richard B. Nettler, Chair
Jimmy R. Rock, Chair
Thomas S. Williamson Jr., Chair
Family Law Task Force
Rita M. Bank, Cochair
Margaret J. McKinney, Cochair
Darrell G. Mottley, Chair
Steven N. Berk, Chair
Lawyer Assistance Program
Clarence F. Stanback Jr., Chair
Mariana Acevedo, Vice Chair
Philip A. Lacovara, Cochair
Eileen Sobeck, Cochair
Albert W. Turnbull, Chair
Steuart H. Thomsen, Vice Chair
James T. Langford, Chair
Peter C. Wolk, Vice Chair
Julienne W. Bramesco, Chair
Darrell G. Mottley, Chair
Practice Management Service
Michelle C. Thomas, Chair
Jessica E. Adler, Vice Chair
James J. Sandman, Chair
Ann K. Ford, Vice Chair
Don A. Resnikoff, Chair
Elizabeth T. Simon, Vice Chair
Ankur J. Goel, Chair
Rules of Professional Conduct Review
Alison L. Doyle, Chair
Jonathan K. Tycko, Vice Chair
Lorelie S. Masters, Chair
Senior Lawyer Project Working Group
Marc L. Fleischker, Chair
Laura A. Possessky, Chair
D.C. BAR SECTIONS
Council on Sections
Thomas C. Mugavero, Chair
Felicia C. Battista, Chair–Elect
Katherine C. Gehringer, Immediate Past Chair
Administrative Law and Agency Practice Section
Jonathan G. Cedarbaum, Cochair
Nicholas Cobbs, Cochair
Antitrust and Consumer Law Section
Don A. Resnikoff, Cochair
Tracy Rezvani, Cochair
Arts, Entertainment, Media and Sports Law Section
Lita T. Rosario, Cochair
John Simon, Cochair
Corporation, Finance and Securities
Julie Smith, Chair
Keir D. Gumbs, Vice Chair
Courts, Lawyers and the Administration of Justice Section
Sharon Goodie, Cochair
Brian T. McLaughlin, Cochair
Criminal Law and Individual Rights Section
Patricia A. Cresta-Savage, Cochair
Geneva G. Vanderhorst, Cochair
District of Columbia Affairs Section
David L. Goldblatt, Cochair
David Zvenyach, Cochair
Environment, Energy and Natural Resources Section
Rachel Jacobson, Cochair
Peter Oppenheimer, Cochair
Estates, Trusts and Probate Law Section
Mark Griffin, Cochair
Katherine M. Wiedmann, Cochair
Family Law Section
Nancy E. Drane, Cochair
Rebecca C. Shankman, Cochair
Government Contracts and Litigation Section
Adelicia Cliffe, Cochair
Keith Coleman, Cochair
Health Law Section
Tearyn J. Loving, Cochair
Cathy Zeman Scheineson, Cochair
Intellectual Property Law Section
Joyce Craig, Cochair
Sidney A. Rosenzweig, Cochair
International Law Section
Geoffrey M. Goodale, Chair
Nancy Perkins, Vice Chair
Labor and Employment Law Section
Laura Fentonmiller, Cochair
H. David Kelly Jr., Cochair
Law Practice Management Section
Anne E. Collier, Chair
William C. Paxton, Vice Chair
Kathleen Hartnett, Cochair
Michael D. Kass, Cochair
Real Estate, Housing and Land Use Section
Meridith Moldenhauer, Cochair
David Walker, Cochair
Alexander Reid, Chair
George A. Hani, Vice Chair
Tort Law Section
Crystal Deese, Cochair
Kelly J. Fisher, Cochair
Board on Professional Responsibility
Theodore D. Frank, Chair
Eric L. Yaffe, Vice Chair
Clients’ Security Fund
Allison M. Zieve, Chair
Cora D. Tekach, Vice Chair
District of Columbia Bar Foundation
Emilio W. Cividanes, President
Marna S. Tucker, Vice President
View previous Annual Reports.