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Welcome
to the American College of Trial Lawyers’ website. I am
honored to be the 61st President of the College and to continue the work
of the College. The College is a professional society of Fellows
who become members only by invitation, with admission limited to
experienced, outstanding trial lawyers who are unquestionably and
eminently qualified as actively engaged trial lawyers. Fellows who
have met our high standards are in all U.S. states, all provinces of
Canada, the District of Columbia and Puerto Rico.
Our Mission. From its
inception in 1950 until the present, the mission of the College has been
to maintain and improve the standards of trial practice, the
administration of justice and the ethics of the profession. The
work of the College is accomplished by its 38 standing committees and 61
state and province committees. Current College publications are
available on this website. I particularly invite you to review the
recently revised Code
of Pretrial and Trial Conduct, which sets aspirational high
standards of conduct consistent with the standards of College
Fellows.
Our Relationship to the
Judiciary. The American College of Trial Lawyers is the
only professional organization in the world to count among its Fellows
every member of the Supreme Court of the United States and every member
of the Supreme Court of Canada. The College is honored that every
Justice on the Supreme Court of both countries has accepted Honorary
Fellowship in the College and has addressed the Fellowship at one of our
national meetings. It is a tribute to the Fellows, the mission,
and the work of the College that this statement is made.
Our Voice. Fellows represent
plaintiffs and defendants and are from all parts of the trial bar.
The College limits its published papers and awards to those
non-political matters that fit within our mission to improve the
standards of trial practice, the administration of justice and the
ethics of the profession.
At times the College feels it necessary and
appropriate to make a statement on an issue regarding the administration
of justice. Here are some recent examples of when the College has
provided comments:
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Judicial Independence: A Cornerstone of
Democracy Which Must be Defended. The College is a staunch
defender of judicial independence, and this publication is available on
our website here.
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The U.S. Judicial Conference asked the College to
convey its view to Congress regarding the Lawsuit Abuse Reduction Act of
2011, and the College submitted its opinion, expressed in the letter
that may be accessed here.
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Our Public Defenders Committee sent a letter,
accessible here,
to the Fourth Circuit in response to its consideration of a new capital
case attorney fee policy, setting forth a number of reasons why the
change should not be adopted. After consideration of the letter,
the Fourth Circuit did not implement the proposed changes.
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The College was invited to provide comments on
proposed amendments to Rule 45 of the Federal Rules of Civil
Procedure. The letter with the comments of our committee may be
accessed here.
Here are just a few of the helpful publications which
are available on this website:
I encourage you to explore the other useful
information and materials provided on our website, and thank you for
your interest in the mission of the College.
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The Bulletin - Winter 2012 - Number 68
The Winter 2012 edition of The Bulletin (Issue 68) is now available online. This complete online version is available for your convenience and reference. The Bulletin contains a plethora of interesting and engaging articles sure to delight and inform.
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Proposed Amendments to Rule 45
L. Joseph Loveland, Chair of the Federal Rules of Civil Procedure Committee, submitted comments on the proposed amendments to Rule 45 of the Federal Rules of Civil Procedure, on behalf of the College, to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States. The February 1, 2012 letter addresses issues on which the Judicial Conference Advisory Committee has sought comment.
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Labor-Management Reporting and Disclosure Act (LMRDA)
Mark D. Hinderks, Chair of the College’s Attorney-Client Relationships Committee, has urged the Office of Labor-Management Standards at the United States Department of Labor to reject Proposed Rulemaking revisions to the Labor-Management Reporting and Disclosure Act (LMRDA), which fail to protect the attorney-client privilege. By proposing a cautionary sentence stating that “[n]othing herein is intended to require the disclosure by an attorney or an employer of matter that is protected by the attorney-client privilege,” the College warns that redefining “advice” in broader terms infringes on the protections afforded by the privilege. Click "Learn More" to read the full text of Mark Hinderks’ September 19, 2011 letter to Andrew R. Davis, Chief of the Division of Interpretations and Standards.
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The College Expresses Views to Congress: Sunshine in Litigation Act of 2011
L. Joseph Loveland, Chair of the College’s Federal Civil Procedure Committee, has expressed the College’s views regarding the Sunshine in Litigation Act of 2011, currently in committee for deliberation prior to general debate in the House. H.R.592 proposes amending Chapter 111 of Title 28, United States Code, relating to protective orders, sealing of cases and disclosure of discovery information in civil actions. To see the letter sent on behalf of the College,
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Press Release – 2011 Gumpert Award – Southern Public Defender Legal Training Center
The American College of Trial Lawyers announced The Southern Public Defender Legal Training Center of Atlanta, Georgia, as the winner of the 2011 Emil Gumpert Award.
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Jury Instructions Cautioning Against Use of the Internet and Social Networking
The members of the College’s Jury Committee address the use of modern technological devices in the courtroom by providing best practices through the use of suggested jury instructions. Classified according to time frames or stages of court proceedings, the attached jury instructions address specific issues that may arise during the litigation process. The College encourages transparency and public understanding through education about the potential dangers of prohibited conduct during trial.
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