
Trial lawyers try cases. The American College of
Trial Lawyers, founded in 1950, recognizes and honors those trial
lawyers in the United States and Canada, who are the very best. They
come from every facet of the trial bar: plaintiffs’ lawyers and
defense lawyers, prosecutors and criminal defense lawyers. And they try
every kind of case--from antitrust to securities and from patents to
environmental.
Membership is only by invitation after an intensive investigation to
confirm that a candidate is a truly outstanding trial lawyer who
demonstrates the highest degree of professionalism, ethics, and
civility. Fellows must have been active in the trial practice for at
least 15 years and recognized as being among the very best trial lawyers
in their state or province by the judges they practice before and the
opponents they try cases against. In addition, they must have the
important quality of collegiality.
The College is unique in that all of the Justices of the United
States Supreme Court and all of the Justices of the Supreme Court of
Canada are Honorary Fellows. Each of them has accepted Fellowship and
has addressed the College at one or more of its national meetings.
The mission of the American College of Trial Lawyers is to maintain
and improve the standards of trial practice, the administration of
justice, and the ethics of the profession.
To help improve the standards of trial practice, the College has for
many years published its well-known Codes of Pretrial and Trial Conduct
in both the United States and Canada. The introductions to these Codes were
written by the Chief Justice of the United States and the Chief Justice
of Canada, respectively. College committees have developed materials to
teach lawyers how to be more effective trial advocates and to teach
judges how to be more effective trial judges. Fellows of the College are
frequently called upon to give CLE seminars on the art of trial
practice.
The College is also involved at the law school level. College
committees help administer and judge the national trial competition and
the national moot court competition in the United States and the Sopinka
Cup and Gale Cup competitions in Canada.
Because the Fellows comprise all areas of the trial bar, the College
can speak with particular authority on issues involving the
administration of justice. Through its committees, the College has
published white papers on many important subjects including the
attorney-client privilege, judicial elections, and judicial
compensation. College committees review and comment on proposed changes
to the Federal Rules of Civil Procedure, the Federal Rules of Criminal
Procedure, and the Federal Rules of Evidence.
The College has also been at the forefront of discovery reform. In
2009, the College Task Force on Discovery and Civil Justice, together
with the Institute for
the Advancement of the American Legal System (IAALS), published a
report on problems associated with discovery and suggested principles
for reform. That effort led to rule changes and pilot
projects in many states and federal districts that were designed to
curtail the cost and delay associated with discovery. The Task Force and
IAALS, along with the College’s Judiciary Committee and Jury
Committee, recently published “Working Smarter, Not Harder: How Excellent Judges
Manage Cases.” The publication contains practical suggestions
how judges can help reduce costs and delays in the civil justice system.
The Task Force will publish its final report on discovery and civil
justice reform in early 2015.
Thanks to the generosity of College Fellows, the Foundation of the
American College of Trial Lawyers funds an annual $100,000 prize which
is awarded to an outstanding program that is designed to improve the
administration of justice. The award is named in honor of the founder of
the College, Emil Gumpert.
The 2015 Award is being given to
the ”Extra Judicial Measures Pilot Project” of Peacebuilders
International.
The Project employs ”Talking Circles” or ”restorative
justice”
for conflict resolution of young offenders as an alternative to arrest
and criminal
charges. The proposed Project seeks to establish the prototype in
Toronto for a pre-charge,
youth diversion program that will divert youth identified as having
likely
committed a non-violent offense, who have no prior criminal record, to a
community-based diversion program. Previous awards have gone to equally
deserving and innovative programs. Each year the Emil Gumpert Committee
reviews scores of applications and personally visits the top candidates
to determine the winning recipient.
This year the College will begin the process of planning and
conducting a retreat to consider important issues facing the College and
to plan for the next ten years. The last retreat was in 2002 and since
then much has changed in the practice of law. A Retreat Planning
Committee will seek input from Fellows on topics of concern, determine
the issues to be studied, and recommend subcommittees to study each
issue and to report to College leadership at the retreat.
I am thrilled and honored to serve as President of this remarkable
organization and I look forward to meeting as many Fellows as possible
in the coming year.
|