Dear Fellow:

Well it’s a good thing that Carol and I fastened our seatbelts because our cross-country tour has been an active one over the past seven weeks.  We have been to eight different cities:  Burlington, Vermont; Indianapolis, Indiana; Vancouver, British Columbia; Seattle, Washington; Nashville, Tennessee; Cincinnati, Ohio; Philadelphia, Pennsylvania; and Birmingham, Alabama.

In addition, I was in Vancouver the first week of October to speak at a Canadian National Pro Bono Conference.  I am pleased to report that the College figured prominently at that Conference.  Emil Gumpert Award Committee Vice Chair and member of the Access to Justice and Legal Services Committee  Mark Surprenant, participated in a panel on “Setting the Stage for Pro Bono Counsel.”

This topic fit well with the College’s approach to facilitating pro bono work among our Fellows.  I participated in a panel on “New Frontiers in Pro Bono Service.”  Other panelists included The Honourable Marie Deschamps (a retired Justice of the Supreme Court of Canada and an Honorary Fellow), Fellow Guy Pratte (Chair of the Beverley McLachlin Access to Justice Award Committee and Chair of Pro Bono Ontario) and Dinyar Marzban (a former British Columbia Province Committee Chair and one of the College’s Distinguished Pro Bono Fellows).  In my remarks I focused on the College’s efforts to create access to justice, including the Beverley McLachlin Access to Justice Award; the Emil Gumpert Award; and our Distinguished Pro Bono Fellows Program.

Carol and I also travelled to Tortola in the British Virgin Islands to participate in the Being a More Effective Advocate In and Out of Court Program, which focused on the importance of civility in trial practice.  I am pleased to report that our Fellows, Cynthia Grimes, Frank Walwyn, Rick Galperin, and Dick Kiefer, did us proud in making this program a great success. The program received high praise from Justice Vicki Ann Ellis, High Court Judge of the Eastern Caribbean Supreme Court, who said in a letter to Fellow Dick Kiefer: “I deeply appreciate the willingness of you and your other colleagues to facilitate the civility training…. I have seen a distinct improvement in courtroom etiquette which I hope will long continue and I am also seeing a shocking increase in consent positions.” Cynthia will report further on the program elsewhere in this eBulletin. 

We also held a very successful Leadership Workshop in Nashville.  We accomplished a great deal in providing information to our State and Province Committee Chairs and our General Committee Chairs that will help them carry out their duties in the coming year.  In addition, there were two very interesting presentations by former Ontario Court of Appeal Justice and Judicial Fellow, The Honourable Eleanore Cronk, one on the need for mentoring to ensure the next generation of trial lawyers and the other on the importance of civility.  Past President Bob Byman also delivered two provocative and entertaining talks.  One of the highlights of the event was a program organized by John Day with three singer-songwriters from the Nashville area.  To a person, I heard nothing but rave reviews of the intimate setting that provided us with a special evening of music and storytelling. 

Mentoring and teaching civility will figure prominently in the College this year.  I have asked Regents Kathleen Flynn Peterson and John Day to chair a Mentoring Task Force that will examine what Fellows of the College can do to mentor, sponsor, and teach younger trial lawyers, as well as make recommendations on what our Fellows can do to promote opportunities for younger trial lawyers to get more trial experience so that we have a future generation of trial lawyers and a future pipeline of qualified candidates for fellowship in the College. 

On civility, I have asked Don McKinney, Chair of the Legal Ethics and Professionalism Committee and Joe Crawford, Chair of the Teaching of Trial and Appellate Advocacy Committee to have their committees consider the fact that civility in practice is not a universally accepted course of conduct, particularly among younger trial lawyers, and to come forward with a plan for the College to facilitate promoting and teaching civility to trial lawyers.

Also, I recently spoke at a Fall Convention of Canada’s Advocates’ Society.  My topic was on “Becoming a Trial Lawyer – Now and Then.”  I spoke on the topic of mentoring and what senior and junior trial lawyers can do to facilitate opportunities for young lawyers to get trial experience in the courtroom and related activities.  I also recently attended the wonderful CLE Trial Advocacy Institute Program put on by the Alabama Fellows in honor of Jere F. White, Jr., a deceased Fellow and partner of the Lightfoot, Franklin and White firm in Birmingham.  As part of my presentation to The Advocates’ Society, I incorporated Jere White’s “10 Characteristics of Outstanding Trial Lawyers,” which is a video that he prepared prior to his untimely death.  That video will soon be available on the College’s website.

By the time you read this, Carol and I will also have been to Little Rock, Arkansas; Jackson, Mississippi; and New Orleans, Louisiana, with future trips planned to Portland, Oregon; Houston, Texas; and Pittsburgh, Pennsylvania.  It never ceases to amaze me how the Fellows and spouses and guests that we meet on our travels are so warm, welcoming, and appreciative of our being there.  We are overwhelmed with the kindness shown to us. 

Two other areas continue to be a focus for the College:  diversity and facilitating the creation of access to justice by our Fellows.  I have asked Regents Rick Deane and Joe Caldwell to undertake a review of the progress we have made to date on increasing diversity in the College and to make recommendations for what more we can do in the future and what we can do to make diverse Fellows feel more welcome in the College. The work of our Access to Justice and Legal Services Committee continues, particularly in relation to the Distinguished Pro Bono Fellows Program. That Program pairs a senior Fellow with a pro bono organization to facilitate the provision of pro bono services within that organization.  It is our plan to expand that program over the coming years by identifying additional Fellows who are interested in participating and by identifying other partner/host organizations.  If you are interested, please contact Mark Surprenant at (504) 585-0213 or Mark.Surprenant@arlaw.com. 

So as 2018 draws to a close, I am pleased to be able to say that the College continues to thrive and that we have plans for an active, fruitful, and enjoyable year.  Let me take this opportunity to wish you all Happy Holidays and the very best for 2019.  It has been wonderful to have met old friends and to have made new friends in our travels, and we look forward to more of the same as our travels continue in 2019. 

Jeff Leon
College President

Meet the College in La Quinta for 2019 Spring Meeting

 

Speaker Videos, Photos Available from Annual Meeting in New Orleans

Jere F. White, Jr. Trial Advocacy Institute Draws Over 275 Attendees

On Nov. 9, 2018, the Alabama Fellows partnered with the Cumberland School of Law, Samford University to present the Jere F. White, Jr. Trial Advocacy Institute.  The program, held in Birmingham, focuses on the major components of a trial from voir dire through closing statement.  Fellows presented the plaintiff and defendant perspectives.  In addition, there were two panel presentations.  One panel addressed judicial independence in times of partisan politics and social media, and the second Judges’ Expectations of Lawyers.  Over 275 lawyers attended the full-day seminar.  The evening before, a dinner was hosted for Fellows, their guests, and the family of Jere White.  Among the presenters the Alabama Fellows welcomed President Jeffrey S. Leon, LSM, Past Presidents Chilton Davis Varner, Samuel H. Franklin and Warren B. Lightfoot, Georgia State Committee Chair Sally Yates, and Judicial Fellow, the Honorable Marc Treadwell. 

Fellows Travel to British Virgin Islands for One-Day Workshop

    

The International Committee reported the Friday, Nov. 2, 2018 seminar in the British Virgin Islands (BVI) titled “Being a More Effective Advocate: In and Out of Court” was a success.  This seminar for all attorneys and judges in the BVI was postponed almost a year because of Hurricane Irma, and was sponsored jointly by the International Committee, Virgin Islands General Legal Council, and the BVI Bar Association. The College was well represented in the BVI by the participation of President Jeffrey S. Leon, LSM of Toronto, Ontario, Richard Galperin of Wilmington, Delaware, J. Richard Kiefer of Indianapolis, Indiana, Frank E. Walwyn of Toronto, Ontario and a member of the British Virgin Islands bar, and Cynthia Day Grimes of San Antonio, Texas. Paring with local attorneys and judges, the Fellows gave demonstrations of civil and uncivil conduct and led enthusiastic discussion groups.  Many thanks to Barry Leon, formerly a Commercial Court Judge of the Eastern Caribbean Supreme Court and brother of President Leon, who persevered and meticulously planned this conference despite Hurricane Irma’s destruction of the BVI in September 2017. His Excellency Governor Augustus Jaspert of BVI set the tone at the beginning of the day with his perspective on the importance of the courts and lawyers in upholding the rule of law and demonstrating civility in that endeavor.   Sir Dennis Byron, formerly President of the Caribbean Court of Justice, offered great insight and words of wisdom.  Dancia Penn, OBE QC, former Deputy Governor and former Attorney General, and Jacqueline Daley-Aspinall, President of the Bar were great resources for Fellows and the program. On the part of the BVI lawyers and judges, their candor and willingness to openly discuss problems of civility, the judiciary, and the practice of law was impressive and an indication of the progress that can be made in the future.   Fellows shared that many of the BVI issues are not unique and have been experienced in their respective jurisdictions as well.

The seminar was attended by about 85-100 judges, magistrates, and lawyers who practice in the civil, criminal, and commercial courts and included junior and senior lawyers and judges.   Enthusiastic participation was evident in the breakout sessions of the three groups where many ideas and solutions were shared. The group met from 8 a.m. until 6 p.m. on a Friday, indicating the high level of discussion.  Each group was assigned a rapporteur who recorded and reported to the large group.  The plan is to compile these notes for sharing with others. At the wrap up, President Leon was asked if the College would return again next year, and he enthusiastically agreed. The devastating effects of Irma are still evident in the BVI, including the destruction of law offices, courts, and law libraries.  There is no universal access to the BVI laws online.  Despite this, the bar is thriving and moving forward with dedication and good spirits.

Mississippi Fellows Participate in Trial and Appellate Judges Conference

A group of Mississippi Fellows participated in the Mississippi Trial and Appellate Judges Conference on Oct. 25, 2018, in Jackson, Mississippi.  This year, the Fellows enacted three vignettes from the Judicial Demeanor and Courtroom Control Practices prepared by the Federal Judicial Center and the College (“Belligerent Counsel”, “Judicial Indifference”, and “Judicial Questioning of Witnesses”), and led discussions with the judges on the topics. Randy Pierce, Director of the Mississippi Judicial College at the University of Mississippi, noted that the Mississippi Fellows' annual presentation is always a favorite of the judges.

Trial Skills Program Returns to Temple University for Second Year

The second annual trial skills CLE training program was presented at Temple University Beasley School of Law in Philadelphia on Nov. 2, 2018, under the joint sponsorship of the Pennsylvania State Committee and Temple’s Trial Advocacy Program.  Nancy J. Gellman, outgoing Chair of the Pennsylvania State Committee, and Fellow Joseph C. Crawford, incoming Chair of the College’s Teaching of Trial and Appellate Advocacy, participated in planning and recruiting of Fellows to participate as speakers.  The College and Temple worked together to present this annual trial skills program designed for practicing lawyers, participants in Temple’s trial advocacy LL.M program, and law students. The program began with an introduction by Regent Robert E. Welsh, Jr. about the College and the collaboration with Temple.  College speakers included a former federal prosecutor, a federal public defender, and civil trial lawyers. Fellows Thomas J. Duffy, William J. Ricci, and John P. McShea III presented on direct and cross-examination of expert witnesses.  Fellows Catherine Henry and Linda Dale Hoffa discussed the effective use of technology in the courtroom.  Temple Professor Jules Epstein gave a master class in evidence, and Temple Professor Marian Braccia spoke about advocacy lessons from Hollywood.  Written materials prepared by the presenters were also distributed. The audience included civil trial lawyers, criminal lawyers and law students.  In keeping with its mission to support Fellow-led projects that benefit public services lawyers, the Foundation provided scholarships to public service lawyers from the Philadelphia District Attorney’s Office, the city and federal Public Defender Offices, Community Legal Services and the Juvenile Law Center.

NATIONAL MEETINGS

2019 Spring Meeting
February 28-March 3, 2019
La Quinta Resort & Club, A Waldorf Astoria Resort
La Quinta, California
 
Louisiana Fellows Dinner
New Orleans, Louisiana
December 1, 2018

Oregon Fellows Dinner
Portland, Oregon
December 5, 2018

Texas Fellows Winter Luncheon
Houston, Texas
December 7, 2018

Western Pennsylvania Fellows Dinner
Pittsburgh, Pennsylvania
December 11, 2018

Northeast Black Tie Dinner
Boston, Massachusetts
January 25, 2019

Northern California Fellows Dinner
San Francisco, California
February 1, 2019

Utah Fellows Dinner
Location TBA
February 2, 2019

South Carolina Fellows Meeting
Bluffton, South Carolina
February 7-10, 2019

LAW SCHOOL COMPETITIONS

National Moot Court Final Rounds
New York, New York
January 28-31, 2019

Gale Cup
Toronto, Ontario
February 15-16, 2018

The Journal of the American College of Trial Lawyers was recognized with a National Association of Bar Executives 2018 Luminary Award in the category of Authored Articles for an article entitled "Roy M. Cohn: My Personal Experiences and Reflections On His Connection to the Forty-Fifth President of the United States" authored by Stephen G. Schwarz. Click here to read the article.

Charles H. Dick, Jr. of La Jolla, California was honored by Casa Cornelia Law Center on Oct. 20, 2018, as its Distinguished Pro Bono Lawyer of the Year for his work helping asylum seekers from Nigeria, Eritrea, and Mexico navigate immigration laws and build a new life in San Diego, as well as representing victims of domestic violence.

J. Eugene Balloun of Kansas City, Missouri received a Lifetime Achievement Award by FosterAdoptConnect, a nonprofit working with foster children in Kansas and Missouri, for his work completing more than 1,300 pro bono adoptions of foster children.  He also will be receiving the President’s Award from the Johnson County (Kansas)  Bar Association.

Andrew Jay Graham of Baltimore, Maryland has been selected to receive the Maryland Legal Services Corporation's 2018 Arthur W. Machen, Jr. Award on Dec. 3, 2018, in recognition of his extraordinary efforts to improve access to justice for low-income Marylanders.
                                                                                        
Alan G. Greer of Coral Gables, Florida received the Anti-Defamation League’s Miami Jurisprudence Award on Nov. 1, 2018, in acknowledgment of his outstanding contribution to both the legal profession and the community while also embodying ADL values, including integrity, inclusion, and collaboration. 

Jennifer L. Keller of Irvine, California was inducted into the California Lawyers Association’s Litigation Section Trial Lawyer Hall of Fame on Oct. 5, 2018, an honor which has been bestowed upon only 31 lawyers since its creation in 1994.

Wendy J. Olson of Boise, Idaho received Concordia University School of Law’s 2018 “Leaders in Action” award on Oct. 24, 2018. The award recognizes leaders who have made significant contributions to improving Idaho and the lives of its residents.

Brian J. Panish of Los Angeles, California was presented The Daniel O’Connell Award on Nov. 1, 2018, from the Irish American Bar Association of Los Angeles in recognition of his passion and commitment to the legal profession, and for being a diligent advocate and promoter of justice.

Debra E. Pole of Los Angeles, California was honored as a 2018 Champion of Justice by The Civil Justice Program at Loyola Law School on Oct. 18, 2018, for her successful career representing clients in high-stakes trials, as well as her leadership in the Bar and commitment to serve the broader community.  

Robert A. Van Nest of San Francisco, California was inducted into the California Lawyers Association’s Litigation Section Trial Lawyer Hall of Fame on Oct. 5, 2018, an honor which has been bestowed upon only 31 lawyers since its creation in 1994.

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Vermont Fellows Meeting, Shelburne, October 4: Jeff’s October travels began with him flying to Montreal and then going by car for two hours to Burlington, Vermont for the Vermont Fellows Meeting.  Regent Ritchie Berger met and hosted Jeff at his law office and then at his own home.  Jeff had time to tour Burlington a bit, where he saw some of the local sites, most importantly, an iconic Ben & Jerry’s Ice Cream Shop. The Fellows meeting was held on a gorgeous evening at the beautiful Shelburne Farms on the shore of Lake Champlain. This is still an operating farm with actual animals and beautiful old barns. The Fellows meeting itself was in the veranda of an inn on the farm.  A beautiful sunset over the lake greeted the attendees, which included State Committee Chair Tom McCormick, former State Committee Chair David Cleary and several Judicial Fellows. Jeff’s remarks covered the College’s diversity efforts, the need to identify younger trial lawyers for fellowship, training efforts through the Boot Camp programs and the College’s efforts on pro bono issues.  Jeff always makes a point of discussing relations between Canada and the U.S. and did so on this occasion.  Federal District Court Judge Geoffrey Crawford spoke on recent developments concerning the Vermont Federal Courts. Showing off his impressive local knowledge, Jeff donned the hockey cap of the Vermont Catamounts and regaled the crowd with remarks about Vermont history and the Vermont Lake Monsters (formerly the Vermont Expos, an affiliate of the old Montreal Expos). Jeff was whisked away by car later that evening for the Montreal airport and an early morning flight to Vancouver for the National Pro Bono Conference.

7^th Annual National Pro Bono Conference, Vancouver, October 5: As part of the College’s ongoing and important role in access to justice issues, Jeff attended this wide-ranging and well-attended conference.  Emil Gumpert Award Committee Vice Chair Mark Surprenant and his wife, Monica, also attended.  Mark has been instrumental in the College's work to create the Distinguished Pro Bono Fellows Program, and this conference fit right into Mark’s efforts. Mark participated in a panel discussion on “Setting the Stage for Pro Bono Counsel.”  The panel focused on how non-profit organizations can best position themselves to find senior counsel to help with their strategic litigation interests. Jeff presented and spoke of the College’s efforts in Access to Justice through the Emil Gumpert Award, the Beverley McLachlin Access to Justice Award and the Distinguished Pro Bono Fellows Program. Guy Pratte, Chair of the Beverley McLachlin Access to Justice Award Committee and Chair of Pro Bono Ontario spoke about issues facing pro bono organizations.  One of the College’s Pro Bono Fellows, Dinyar Marzban, spoke about his efforts on behalf of Pro Bono Canada. Other panelists included The Hon. Tom Cromwell, a former Justice of the Canadian Supreme Court; Claire Hunter, a Vancouver trial lawyer and daughter of Judicial Fellow John Hunter and Marie Deschamps, also an Honorary Fellow and retired Justice of the Canadian Supreme Court.  Jeff had the opportunity on this trip to meet with British Columbia Province Committee Chair Bill Smart, and he just happened to bump into none other than Regent Kathleen Flynn Petersen, who along with husband Steve was in Vancouver celebrating their wedding anniversary and a friend’s birthday.  What a pleasure it is to see other Fellows when we are out and about!

British Columbia Fellows Dinner, Vancouver, October 24: It was back to a beautiful fall day in Vancouver for the British Columbia Fellows Dinner, which was held at the Vancouver Club.  In attendance were Regent Mona Duckett, Former Regent The Hon. Mr. Justice John Hunter, British Columbia Province Chairs, Bill Smart and Rick Peck, and former Province Committee Chair Geoff Cowper.  Also present was soon to be inducted Fellow Tracy Cohen and Distinguished Pro Bono Fellow Dinyar Marzban. Jeff spoke about his extensive professional and personal ties to Vancouver and reviewed his agenda for the College, including the College’s pro bono efforts, the need for young and diverse Fellows, the eBulletin, the upcoming Spring Meeting in La Quinta, the 2019 Annual Meeting in Vancouver, and the great importance of staying involved in the College. Reminding the Vancouver crowd that only Toronto has an NBA team, and while continuing to explode his hat budget, Jeff donned an “old school” Vancouver Grizzlies’ (now Memphis Grizzlies) hat.

Washington Fellows Dinner, Seattle, October 25: Though the flight from Vancouver to Seattle is a short one, Jeff and Carol’s luggage failed to make the trip, and Jeff quipped that Air Canada’s slogan is “We’re not happy until you’re not happy.” Jeff and Carol came as they were—basically in jeans—and were warmly welcomed by the Seattle Fellows who assured them that “nobody dresses up” in Seattle.

The dinner took place at the Pacific Tower, which sits high on a hill and provides a spectacular view of the city.  It was originally a public hospital and then it was the Amazon headquarters.  Now it is an event space operated by “Fare Start”, an organization that gives unemployed people the skills they need to work in the food industry. Those present included Regent Mona Duckett, State Committee Chair Rebecca Ringer and her husband Bill Cohon, Former Regent and Communications Committee Chair Paul Fortino and his wife Carol, and Washington State Committee Vice Chair Steve Fogg and his wife Christina. In addition to covering his normal topics of discussion, Jeff’s remarks touched on the many stellar Seattle companies, Seattle grunge music, and the classic movie Sleepless in Seattle.  Jeff assured the crowd that he had yet another hat—a Seattle Seahawks bright green hat—but it was in his lost luggage.  Jeff somehow scrounged up a Washington Huskies cap to make up for it. By the way, Jeff finally retrieved the luggage—complete with “RUSH” tags—at 11:30 that night in the rain in front of the hotel.  With a 4 a.m. wake up for an early flight to Tennessee, it was “Sleepless in Seattle” indeed!

The following Fellows have been elevated to the bench in their respective jurisdictions.