Dear Friends:

 

Many states in the US are loosening restrictions on in-person meetings, especially for those who have been vaccinated. As of May 25, approximately 50% of Americans have received at least one dose of the COVID-19 vaccine. For Americans 50-64, that percentage rises to 67% while a full 84% of those 65 and older have received at least one dose. Unfortunately, the vaccine is still not as readily available in Canada. Fellows there have been finding creative ways to gather virtually for several months, including the Alberta Fellows virtual Pub Crawl at The Hermit & The Horse Pub, complete with a guitarist. It was fun. In the US, the Kentucky Fellows held the first in-person reception and dinner on May 12, more than 14 months after the 2020 Spring Meeting in Tucson. The Kentucky Fellows were happy to be there, and I was excited to join them. The following night, the second in-person meeting occurred in Phoenix for the presentation of the Emil Gumpert Award to the Arizona Justice Project (AJP) – more about that below. In late May, the Executive Committee met in person for the Executive Committee retreat. A number of other in-person meetings are now being planned for Texas, Alaska, Georgia, Michigan, and the 10^th Circuit Regional Meeting in Colorado. As restrictions on in-person meetings are being lifted across the country, the College is making plans to meet in-person in Chicago for our Annual Meeting beginning September 30. President Elect Mike O’Donnell has assembled another great group of speakers and the National staff is working with the hotel and the City of Chicago to make the meeting as safe as possible. You will hear more about the meeting as we get closer.

 

The Arizona Fellows have been highly involved with the AJP, beginning with its founding by Fellow Larry Hammond. A number of Fellows serve on its Board, including Regent Peter Akmajian and Fellow Howard Cabot, who was instrumental in creating the project that became this year’s Emil Gumpert Award winner. One of the highlights of my term as President was being in-person to present the award and corresponding $100,000.00 check to the AJP. The Emil Gumpert Committee is one of the hardest working committees in the College. This year the Committee thoroughly investigated 34 applicants before recommending the AJP. Meeting the AJP team in person and seeing first hand their emotional response to receiving the award and the good that it is doing was truly heartwarming. Gumpert Committee chair Mark Surprenant could hardly contain his exuberance in congratulating the AJP Executive Director Lindsay Herf, and Lindsay in turn was over the top excited in expressing her appreciation to the College. A description of AJP project will be included in the Fall Issue of the Journal.

  

On occasion, the College has the opportunity to join with other organizations to present programs of interest. This Spring, I had the opportunity to participate in two such programs. In April, the College joined with The Advocates’ Society in Canada to conduct a Pro Bono Symposium. Many members of The Advocates’ Society are also Fellows, including President Guy Pratte and Program Co-Chair Regent Sandy Forbes. The program focused on the need for pro bono participation, especially during the pandemic, and the importance of all lawyers giving back. Past President Doug Young was the keynote speaker. I also had the opportunity to participate in a panel discussion on judicial independence sponsored by the Federal Judges Association in conjunction with Duke Law School. David Levi moderated the discussion which highlighted the increased threats and physical attacks on judges (increasing by more than 400% over the last five years to over 4000 last year), and what legal organizations can do to respond. In addition to releasing statements condemning such attacks, the College is partnering with the National Association of Women Judges to promote a series of lectures to adult audiences on the meaning and need for Judicial Independence. Most recently, Judicial Fellow Ann Donnelly, EDNY, and Fellow Matt Fishbein presented a PowerPoint presentation at The Brooklyn Public Library.

 

In closing, let me report on our final law student competition of the year. On April 10, the National Trial Competition finals were held virtually for the first time. The National Trial Competition is sponsored jointly with the Texas Young Lawyers Association. Over 300 teams from more than 150 law schools enter the competition and the top two teams from 15 regions make it to the finals, held in Texas. If you have ever worried about the future of the profession, I encourage you to judge in one of our competitions. The quality of the lawyering is terrific, and these law students are adept at “Zoom Advocacy.” In a very close vote, UCLA edged Wake Forest for the Championship.

 

I hope to see you in Chicago.

The College is excited to be in Chicago for the Annual Meeting this Fall. Best of all, you can choose your own experience: whether you are ready to return to in-person meetings or prefer to experience the meeting virtually, the choice is yours!

 

Registration opens this summer. For more information and updates, visit www.actl.com.

It’s time again to make sure your College profile is up to date. The contact information in your profile is used in the College Roster and the directory on the website. Updates submitted by Sept. 1, 2021 will be included in the 2022 Roster. This year we are also asking that you consider adding your home address, personal email and mobile phone, so we may stay in contact if offices close down again in the future. Personal information is not displayed in the directory, unless directed by you. And while you are in your Fellow Profile, please take a moment to complete any missing information such as practice areas, law school attended, etc. Address and Profile updates can be accomplished in one of two ways.  

 

ONLINE: It’s fast, easy and immediately shows in the online directory. Just log in at www.actl.com. Click on My Account, then select Fellow Profile. The edit button next to the section heading allows you to make changes in that section. Firm address changes can only be made by sending the new information to National Office.

 

ROSTER UPDATE FORM: Click here to obtain the Roster Update form. The completed form can be printed, mailed, emailed, or faxed to the National Office. 

 

For assistance, please contact the National Office at nationaloffice@actl.com or 949-752-1801.

It isn’t that every grant applicant needs to have a close association with a Fellow of the American College of Trial Lawyers. Indeed, most don’t. But, I have to admit to an extra “feel good” moment when such an affiliation happens to exist, because it reminds me how committed our Fellows are to the pursuit of justice. Such is the case with the Foundation’s long time grant recipient, the National Criminal Defense College (NCDC), where FACTL Natasha Perdew Silas serves as a Dean along with her colleague, Karen Smolar. 

 

The ACTL Foundation has supported the NCDC and, in particular, its flagship Trial Practice Institute (TPI), for many, many years. Principled and highly competent representation of criminal defendants is, after all, a touchstone of our legal system; and TPI is among the training programs that works tirelessly and effectively toward that goal. It is a two week program that, in the words of this year’s application, provides “training in all aspects of trial advocacy from client interview and voir dire to closing argument.” Among the participants each year are public defenders, federal defenders and military defenders, as well as private criminal defense practitioners. A particularly unique feature is the use of professional actors playing the roles of witnesses, with the goal of simulating the most authentic trial examination experience one can have beyond the walls of a state or federal courtroom. 

 

In 2020, the only year in which the program was provided on-line after thirty-five years of in-person training, the Foundation’s $20,000 grant enabled a dozen remarkable attorneys who could not otherwise have attended to benefit from this remarkable program by paying for all or part of their tuition and housing. For relatively short dollars, that is a whole lot of good.

 

TPI is returning in-person in 2021 for fully vaccinated participants and faculty, with separate programs to be conducted in July and August at the Roger Williams University School of Law in beautiful Bristol, Rhode Island. The Foundation is pleased to be assisting again with funds for those who could not otherwise afford to attend. We believe whole heartedly in the NCDC’s mission, “to Pursue Justice by Empowering Defenders.” 

 

If you think about it, that is not far removed from the Foundation’s own: Because justice can’t wait.

 

Respectfully submitted,

 

Joan A. Lukey

ACTL Foundation President

The Boot Camp Trial Training Program Committee has sixteen upcoming one day boot camp programs scheduled in numerous jurisdictions throughout the US. Click here to view a docket sheet reflecting future programs. Next up includes Oklahoma City on August 6, Chicago on September 29 and a virtual event in London/Wales this December. Our virtual boot camp library, free for young lawyers registered for the boot camp program, is continually growing and we invite Fellows to contribute their writings. Additional committee projects include “Trial Talks” in which Fellows share mistakes made in court which teach valuable lessons; we hope to publish these stories in our library.

Typically, Fellows gather in either Edmonton or Calgary for an annual dinner in May. In 2020, with a pandemic, that dinner was cancelled. Fast-forward another 12 months, we all were hoping to come together for our annual dinner in 2021 but that was not to be the case. Rather than go another year without sharing the camaraderie often present when Fellows of the College get together, the Alberta Fellows “met” at The Horse and Hermit Pub, a ZOOM gathering. Picture in your mind’s eye a quaint pub about 90 minutes southeast of Dublin, Ireland. There is a roaring fire going to take off the chill and the damp. On the evening of May 13, after a hard day in court, 20 barristers, all coincidentally Fellows of the American College of Trial Lawyers, arrived at the pub to the sound of guitar, playing some familiar Irish music. Pints were ordered and musician/actor Julien Arnold launched into his first songs of the evening. Fellows moved about the pub, many surprised to see Rodney Acker (ACTL president) and Dennis Maggi (College Executive Director) in attendance. Upon hearing the music, conversation and laughter, they thought this would be the right place to drop in for a pint. Keeping that image in mind, I can report that 20 Alberta Fellows joined with Rodney and Dennis (who called in from Phoenix, AZ) and experienced a selection of Alberta craft beers and cheese, tapped toes to the music and shared stories and lies (as the Irish would say, good craic) and songs, typical of many College gatherings. We all hope to gather in person in 2022, but the pub might serve as a useful venue for gathering during the year. In addition, funds were raised benefitting the American College of Trial Lawyers – Canadian Foundation. In friendship and fellowship, we raise our glasses together – Slainte m’hath (good health to all of us).

The College is pleased to announce a new initiative in partnership with Rutgers Law School and coordinated by Fellows Edward Kole, Bill Wallach and Dennis Draco. The College will present a Fall seminar on Professionalism in Trial Practice, which will also serve as an introduction of the College to Rutgers law students. In addition, we will be developing a lecture series on jury trials to be given throughout the school year. This is a valuable opportunity to introduce the College to younger attorneys, while fulfilling one of its missions, that being education.

Past President Bob Fiske joined the Downstate NY Fellows for a fireside chat on Thursday, May 13. Along with illuminating stories about the Whitewater Case and Three Mile Island, Bob discussed his role in increasing the presence of female attorneys at the State Attorney General Office and shared wisdom on the ever changing landscape of practicing trial law.

 

Downstate NY Fellow Matt Fishbein and Judicial Fellow Ann Donnelly presented a program entitled Fighting for Fair and Impartial Courts in a Zoom webinar hosted by the Brooklyn Public Library’s Center for Brooklyn History on May 6. This was part of an ongoing, nation-wide civic education project being spearheaded by the Judicial Independence Committee, in collaboration with the National Association of Women Judges. The program began with Matt and Ann’s primer on the distinct role of the judicial branch in our governmental system, the importance of judicial independence and the recent threats to that independence. This was followed by a panel discussion presented by the Brennan Center for Justice that brought into stark relief some of the assaults on judicial independence today and the efforts to combat them. Throughout the program, the audience of nearly 400 registrants from across the country was actively engaged, submitting numerous questions and comments.  

The South Carolina Fellows are presenting a CLE for young lawyers on Ethics, Civility, and Professionalism on August 5, 2021. Speakers in the CLE will include several Fellows of the College, including the current and immediate-past Chairs of the South Carolina Fellows, the Honorable Margaret Seymour, U.S. District Judge for the District of South Carolina, and the immediate-past Dean of the University of South Carolina School of Law. The CLE will be followed by a cocktail reception and dinner for the Fellows and their spouses and guests.

The College recognizes extraordinary individuals and their important contributions to the law through the awards described below. A nominator need only submit a letter of support, and the award committee will complete an investigation before deciding whether to recommend the person to the Board of Regents. Please consider nominating a worthy recipient. You may send your letter to nationaloffice@actl.com or directly to the committee chair indicated below.

Awarded only when appropriate to honor outstanding courage demonstrated by trial lawyers in unpopular or difficult causes. The award is one of the highest honors conferred by the College upon an individual trial lawyer and recognizes lawyers who have persevered in pursuit of an important cause despite substantial personal danger, fear, unpopularity, opposition or other difficulties. To view past recipients, click here.

 

Chair: Jeffrey D. Morris

 

To honor a lawyer or judge, whether or not a Fellow of the College, who has made a significant, exceptional and lasting contribution to the improvement of the litigation process. The person selected might be a trial practitioner, a judge, a teacher, a writer, a legislator, an administrator, or initiator of organizations or programs, or some other person whose work has been substantively significant or who has inaugurated or advanced significant programs. To view past recipients, click here.

 

Chair: Hon. Roy B. (Skip) Dalton, Jr.

 

The Thurgood Marshall Equality and Justice Award, named for the revered lawyer, civil rights advocate and first Black Associate Justice of the Supreme Court of the United States, is to be given from time to time to an individual who has been a champion of justice and equality in all forms, including but not limited to race, ethnicity, gender or sexual orientation or other form. The candidate must possess vision, courage, and fortitude, and must have stood steadfast in the passionate and effective pursuit of equal justice under the law. The inaugural award will be presented to the late Rep. John Lewis at the College’s 2021 Annual Meeting in Chicago.

 

Chair: Gregory K. Wells

Fellow Michael Griffinger was awarded with the Frank Dee Award, named in honor of former Regent Frank Dee, in recognition of a trial lawyer who demonstrates outstanding advocacy skills and is dedicated to improving the standards of trial practice and administration of justice.

 

Fellow Joseph J. Roper was awarded Dean of the Trial Bar by the Kansas City Missouri Bar Association. Created in 1985, and formerly called Litigator Emeritus, the Dean of the Trial Bar Award is presented to one or more attorneys who have a substantial and distinguished trial career.

 

Fellow John R. Wester has received the Advocate’s Award, the highest honor given by the North Carolina Bar Association’s Litigation Section. Wester is only the 13th recipient of the award, which is presented as merited, rather than annually.

 

Past President Douglas R. Young was presented with the Judge Learned Hand Award by the American Jewish Committee, San Francisco. The Judge Learned Hand Award honors members of the legal profession who embody democratic values in their work to advance the principles of justice, freedom, and fairness.

Corner Brook, NL

Justice 

Supreme Court of Newfoundland & Labrador, General Division

April 2021 

 

Somerset, KY

Judge

Pulaski County Court of Justice

May 2021

 

Shakopee, MN

Judge

Scott County Justice Center

May 2021

 

The College extends congratulations to these Judicial Fellows.

September 30 - October 3, 2021
Fairmont Chicago Millennium Park
Chicago, IL

2022 Spring Meeting
February 24 - 27, 2022
Hotel Del Coronado
Coronado, CA

2022 Annual Meeting
September 15 - 18, 2022
Rome Cavalieri, A Waldorf Astoria Hotel
Rome, Italy

Massachusetts Fellows Virtual Luncheon: On Wednesday April 7, 2021, President Acker virtually attended a lively and enjoyable luncheon and program. The general meeting room was opened 15 minutes in advance to give the Fellows a chance to mix and talk, and the Fellows were generally happy for the opportunity to get together, even if not in person. 

State Chair Peter Ettenberg opened the meeting and welcomed everyone. Marty Murphy introduced President Acker, who gave an appropriate response to some good-natured ribbing by Marty, before launching into his planned remarks. Rodney lauded the success of the Spring Meeting and expressed his hope for a live Annual Meeting. He then called for help in mentoring as Jeff Leon and Christy Jones finalize the program the Mentoring Task Force has been working on as well as for the new educational program developed by the Judicial Independence Committee and the National Association of Women Judges.

 

Following President Acker’s remarks, Marty gave an update on what he has been doing in his final year as Regent. That was followed by comments from Vice-Chair Ellen Cohen and her request to look for more diverse Fellows.

 

The program then turned to Fellows Lisa Goodheart and Sarah Columbia interviewing Chief Magistrate Judge (JFACTL) Page Kelley, and State Court Superior Judge Salim Rodriguez Tabit. The conversation with the judges was informative and insightful, making for an interesting and enjoyable program.  

National Trial Competition (Virtual): The 46th National Trial Competition was held virtually for the first time on Thursday through Saturday, April 8-10, 2021. Having spent 12 years on this committee, President Acker very much enjoyed participating as President of the College. The National Trial Competition Committee is the largest committee in the College, and the College spends more money on the competition than anything else. The competition is co-sponsored with the Texas Young Lawyers Association (TYLA). 

 

Thirty teams, two from each of the 15 Regions, began the competition on Thursday morning. Typically, there is a Thursday night opening reception, which this year was virtual. President Acker made his primary remarks on Thursday, including a welcome, congratulations to the students for making the finals of the 300+ teams from more than 150 law schools that began the competition, and information about the College and its involvement with the competition.

 

As in prior years, Friday night was reserved for a committee-only event which, though virtual, was memorable; President Acker dubbed it the best zoom cocktail party he has ever attended. On Saturday afternoon, Rodney had the opportunity to preside over the finals of the competition, featuring UCLA and Wake Forest. The law students did an excellent job navigating the Zoom process. In a close vote, the UCLA team edged the Wake Forest team to victory. In another close vote, Danielle Kunkel of Wake Forest edged Chandler Mantz of UCLA for the Best Oral Advocate award. 

 

The Competition typically ends with a Saturday night banquet and awards ceremony. This year there was a virtual awards ceremony but no banquet. The College presented the Lewis Powell Medallion to every member of every team that made it to the finals. There were also cash awards from the firms of Fellows: Quarter-Finalists (Baylor and Georgetown) each received the $1500 award sponsored by Polsinelli; the 2nd place team received a $5000 cash award from Beck Redden, LLP, and the winning team received a $10,000 cash prize from Norton, Rose, Fulbright, LLP accompanied by a silver bowl. The Best Oral Advocate’s school received a $2500 cash award and the George A. Spiegelberg plaque sponsored by Fried Frank.

 

Both the NTCC and TYLA were very pleased with the results of the first virtual competition. Everyone hopes, however, that this will be the only ever virtual competition.

Kentucky Fellows Dinner, Louisville: President Acker was excited to make his first in-person trip as President to attend the Kentucky Fellows Dinner on May 12, 2021. The Fellows first gathered for a cocktail reception at the offices of Stites Harbison, hosted by State Chair Bob Connolly. The Kentucky Fellows were truly happy to see each other and Rodney was pleased to see many old friends, including former State Chair Doug Farnsley and his wife Eliza, State Chair Bob Connolly and his wife Terri, immediate Past Chair Pat Moloney and his wife Cathy, Fellows Susan (outgoing chair of the Trial Competition Committee) and John Phillips, Ed Stopher and his wife Cathy, Rich Schiller, and Regent John Day and his wife Joy.

The College has been notified of the passing of the Fellows listed below. The date after each name notes the year of induction into the College, and the date following the state or province is the date of his or her passing. A tribute to each will appear in the In Memoriam section of a subsequent issue of the Journal.

California

Raymond C. Fisher, ’96, Pasadena, February 29, 2020

Robert J. Kilpatrick, ’85, Long Beach, November 27, 2020

 

District of Columbia

Pamela A. Bresnahan, ’08, Washington, March 31, 2021

 

Georgia

Daryll Love, ’96, Atlanta, January 24, 2020

 

Illinois – Upstate

Thomas P. Sullivan, ’70, Chicago, May 18, 2021

 

North Carolina

Michael J. Barta, ’09, Franklin, March 31, 2021                                

 

Ohio

Robert P. Bartlett, ’83, Oakwood, April 16, 2021

 

Oklahoma

Thomas R. Brett, ’73, Tulsa, February 6, 2021

 

Ontario

Allan R. O’Brien, ’05, Ottawa, April 4, 2021

 

Pennsylvania

Christopher C. Fallon, Jr., ’04, Conshohocken, May 13, 2021

Herbert F. Kolsby, ’85, Philadelphia, May 1, 2021

Dennis J. Lawler, ’12, Philadelphia, April 7, 2021

 

Tennessee

Thomas D. Forrester, 2013, Covington, December 29, 2019

William T. Gamble, ’81 Kingsport, November 13, 2017

 

Texas

Grant Cook, ‘83, Houston, March 13, 2021

Broadus A. Spivey, ’96, Austin, May 8, 2021

R. William Wood, ’12, Denton, May 13, 2021

 

West Virginia

Herbert G. Underwood, ’78, Bridgeport, July 7, 2020