Washington Lawyer

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.

Upholding Integrity
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
Revenue 2012 2011
Members’ dues $22,336,586 $21,092,214
Admissions and Registrations 1,962,951 1,857,475
Advertising 320,603 278,095
Books and Publication Sales 256,812 158,404
Contributions 2,167,745 1,983,039
In–kind Contributions 3,247,694 3,153,880
Investment Income 320,940 2,683,986
Mailing List 18,531 36,534
Miscellaneous 36,262 70,455
Other Fees and Services 11,386 11,890
Rental Income 22,772 20,271
Royalties 204,905 268,098
Total Revenue $30,907,187 $31,614,341

Expenses
 
 
Program Services:    
Board on Professional Responsibility $7,442,972 $7,032,356
Regulation Counsel 2,385,906 2,253,306
Conference and Annual Meeting 237,200 153,854
Continuing Legal Education 3,263,231 3,112,132
Sections 1,365,259 1,361,735
Clients’ Security Trust Fund 183,092 568,565
Publications 2,157,806 2,076,931
Pro Bono Program 1,981,640 1,794,938
Total Program Services $19,017,106 $18,353,817

Supporting Services:
Administration & Finance—D.C. Bar $7,652,526 $7,555,145
Administration & Finance—Pro Bono 271,441 272,122
Executive Office 1,223,452 1,222,870
Fundraising—Pro Bono 247,582 225,946
Total Supporting Services 9,395,001 9,276,083
Total Expenses 28,412,107 27,629,900
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

Assets 2012 2011
Cash and Cash Equivalent $12,695,552 $10,204,544
Investments: Clients’ Security Trust Fund 750,000 750,001
Investments 17,374,887 16,537,255
Receivables, Net of Allowance for Doubtful Accounts 195,032 244,531
Other Assets 575,555 491,112
Property and Leasehold Improvements, Net 5,284,256 5,813,417
Total Assets $36,875,282 $34,040,860

Liabilities and Net Assets    
Liabilities:    
Accounts Payable and Accrued Liabilities $3,782,660 $3,604,260
Deferred Revenue 13,017,705 12,732,946
Landlord Improvement Allowance 3,207,955 3,567,726
Deferred Rent Liability 1,211,215 994,346
Other Liabilities 68,330 49,245
Total Liabilities $21,287,865 $20,948,523

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
Sections 1,239,787 1,043,950
Continuing Legal Education 545,862 316,647
Undesignated 1,390,991 1,455,093
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
President
Thomas S. Williamson Jr.
Covington & Burling LLP

President-Elect
Andrea Ferster
Law Offices of Andrea Ferster

Secretary
Daniel Schumack
Schumack Ryals PLLC

Treasurer
Lily M. Garcia
The Strayer University Corporation

Members
Brigida Benitez
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

Cindy Conover
Troutman Sanders LLP

Sabine S. Curto
Kirkland & Ellis LLP

Judy Deason
King & Spalding LLP

Stephen I. Glover
Gibson, Dunn & Crutcher LLP

Jeffrey S. Gutman
The George Washington University
Law School

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.

Marianela Peralta
Walmart Stores, Inc.

Gregory S. Smith
Law Offices of Gregory S. Smith

R. Justin Smith
U.S. Department of Justice

Annamaria Steward
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

Audit
Darrell G. Mottley, Chair

Budget
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

Compensation
Thomas S. Williamson Jr., Chair

Continuing Legal Education
Catherine D. Bertram, Chair
Luke Reynolds, Vice Chair

Court Funding
Carolyn B. Lamm, Chair

Disaster Practice Issues Working Group
Richard B. Nettler, Chair

Election Board
Jimmy R. Rock, Chair

Executive
Thomas S. Williamson Jr., Chair

Family Law Task Force
Rita M. Bank, Cochair
Margaret J. McKinney, Cochair

Finance
Darrell G. Mottley, Chair

Judicial Evaluation
Steven N. Berk, Chair

Lawyer Assistance Program
Clarence F. Stanback Jr., Chair
Mariana Acevedo, Vice Chair

Leadership Development
Philip A. Lacovara, Cochair
Eileen Sobeck, Cochair

Legal Ethics
Albert W. Turnbull, Chair
Steuart H. Thomsen, Vice Chair

Membership 
James T. Langford, Chair
Peter C. Wolk, Vice Chair

Nominations 
Julienne W. Bramesco, Chair

Pension
Darrell G. Mottley, Chair

Practice Management Service
Michelle C. Thomas, Chair
Jessica E. Adler, Vice Chair

Pro Bono
James J. Sandman, Chair
Ann K. Ford, Vice Chair

Publications
Don A. Resnikoff, Chair
Elizabeth T. Simon, Vice Chair

Regulations/Rules/Board Procedures
Ankur J. Goel, Chair

Rules of Professional Conduct Review
Alison L. Doyle, Chair
Jonathan K. Tycko, Vice Chair

Screening
Lorelie S. Masters, Chair

Senior Lawyer Project Working Group
Marc L. Fleischker, Chair

Technology
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
Law Section

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

Litigation Section
Kathleen Hartnett, Cochair
Michael D. Kass, Cochair

Real Estate, Housing and Land Use Section
Meridith Moldenhauer, Cochair
David Walker, Cochair

Taxation Section
Alexander Reid, Chair
George A. Hani, Vice Chair

Tort Law Section
Crystal Deese, Cochair
Kelly J. Fisher, Cochair

AFFILIATED PROGRAMS
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.