For the past two years, I have participated in the Division for Bar
Services’ Bar Leadership Institute. It offered a great opportunity to meet many state
and local bar presidents-elect from around the country. Among other things, we talked
about what the American Bar Association, through the Governmental Affairs Office (GAO), is
doing in Washington, D.C., to partner with bar leaders on behalf of the organized bar.
A few bar leaders I spoke with were surprised that I asked them
to work with the ABA on federal legislative efforts. Some reported that their bars
are already stretched to the limit lobbying their respective state legislatures. Others
asked why the ABA needed their help when the association appears to handle lobbying at the
federal level quite well.
The ABA GAO does need your active participation with
federal legislative advocacy and here’s why. First, state and local bars cannot
afford to ignore Washington since the issues currently facing Congress directly affect the
justice system in each and every state. For example:
A national crisis continues over judicial vacancies as several
senators have vowed to block judicial appointments in President Clinton’s last year
in office.
Although Congress provided a modest increase for panel lawyer
compensation under the Criminal Justice Act (CJA), Chief Justice Rehnquist recently
admonished Congress, saying that more must be done to increase the still-inadequate hourly
rates so that federal criminal defendants are not deprived of their constitutional right
to effective representation.
Opponents of the Legal Services Corporation (LSC) are again
expected to try to severely cut the corporation’s already inadequate budget. LSC
provides grants to legal aid programs in every state and Congressional district in the
country.
Second, we need your help because when a member of Congress hears
from constituents, along with the ABA, it can make all the difference. As a bar leader,
you are not only a constituent, but also a respected opinion leader in your state and, in
many cases, an expert on complicated legislative issues.
While the ABA serves as the eyes, ears and voice of the
organized bar in Washington, effective contacts from state and local bar leaders are an
integral part of our lobbying effort and a key reason for our success. So even though your
association may sometimes become overwhelmed with myriad issues at the state level, it is
vital that state and local bars across the country maintain a strong relationship with
their elected federal officials.
How can bars develop a Washington presence?
Many bar associations have very active, effective government
affairs specialists on staff. We work with them everyday and we could not do our job
without their help. Here is how you, as a bar leader, can work with your bar staff and the
ABA to develop relationships with your Congressional delegation and communicate with them
on issues of importance to the justice system.
1. Build relationships with your elected officials and staff.
An ongoing relationship with your elected officials is critical. It is much easier to
convince your members of Congress of the merits of your issue if they already know and
trust you. Get to know the staff in your member’s state office(s) and work with them
to involve the legislator in bar activities. Invite the member to speak at your
conferences or meetings, recognize their efforts in your bar magazines and newsletters,
present outstanding members with a plaque or commendation.
In addition to the local staff, get acquainted with the staff
in your legislator’s Washington office. This may take some time, but it is important
because the Washington staff generally handles all legislative work while the local
offices handle constituent services. "ABA Day in Washington" offers bar leaders
a significant opportunity to participate in federal legislative lobbying efforts.
Develop a relationship with the member’s chief of staff,
legislative director, or the legislative assistant who handles judicial issues and
appropriations. Get the staffs’ e-mail addresses. Don’t overuse them, but, as
necessary, keep in touch with these staff. Working with the ABA GAO, volunteer to act as
an information resource. Inform staff of the bar’s position on key issues and provide
accurate information. Soon, the staff will be calling your bar association for assistance
and information.
2. Communicate with your elected officials. There
are several methods for communicating with elected officials, including personal visits,
written communication (letters, faxes, e-mails), and telephone contacts. While personal
meetings, either in Washington, D.C., or in the district, are the most effective
methods, certain "rules" generally apply to all contacts. And remember, the ABA
GAO is available to help you.
Make an appointment. For Washington meetings, write to the
appointment secretary in the D.C. office of each member and advise that person of your
trip to Washington and request a brief meeting. For local visits, contact the
members’ state or district offices directly. Generally, the appointment secretary
will ask that you include in your letter the reason for your meeting, the date(s) of your
visit, the time(s) you will be available, and the name(s) of the meeting participants.
Be brief. If there are several meeting participants, be sure to
select a spokesperson. Ideally, this person should be someone who is well known to the
member or most knowledgeable. Do not cover too many issues. The general rule of "less
is more" applies here. In-person visits generally last 15 minutes, and no more than
30 minutes. For written communications, one- to two-page letters are most effective.
Be prepared. Proper preparation is the name of the game. Know
the issues, the personalities, the process, the member’s voting record. Know what
points you want to get across, and anticipate likely questions and reactions. This is
particularly true with some issues, such as funding for the Legal Services Corporation.
Leave behind a "one-pager", which includes concise talking points that summarize
the issue, and be prepared to answer your opposition’s arguments.
Be accurate. The accuracy of your information is vital. In a
meeting, if you don’t know an answer, just say so, and then follow up with the
requested information. If you need more information, contact the ABA GAO.
Personalize your message. Nothing is more convincing than
examples or true stories from your own state. Form letters are ineffective. While the ABA
GAO will provide you with talking points when we ask for your help, we strongly discourage
you from adopting our language verbatim or using form letters to communicate.
Be politically aware. Know your member’s political
leanings and previous votes, if any, on the issue. Targeted vote information is available
on the ABA Web site at www.abanet.org/legadv.
Recognize the differences between majority and minority members and the significance of
the member serving on a relevant committee as an indication of what each can or cannot do.
Be courteous. Never threaten your legislator. Keep the
relationship cordial since there will be many other issues that you will need their
support on in the future.
Be appreciative. Thank your legislator for supporting your
position. Send a thank you note. Or better yet, write a letter to the editor of your local
newspaper or your bar journal.
Be patient. Some issues take years to resolve, while others
(like LSC funding) need attention year after year. Do not be discouraged if you don’t
see results right away or if your efforts are needed every year.
We can more effectively use our resources to improve the justice
system if the organized bar, in general, state and local bars and the ABA work together on
issues of importance to our profession. The ABA GAO looks forward to working more closely
with you. The author is the ABA’s Director of Grassroots Operations and the
association’s Legislative Counsel for Legal Services Corporation; and Labor and
Employment Law and Science and Technology sections. She can be contacted at
jstrandlie@staff.abanet.org.
