House of Delegates to debate policy recommendations on practice, professional and public legal issues

Among the policy debates you're most likely to see in the news will be about an expected "late" recommendation from a new ABA Task Force on Presidential Signing Statements and the Separation of Powers Doctrine, which is looking at the constitutional and legal issues raised by the changing role of presidential signing statements, through which U.S. presidents articulate their views of provisions in newly enacted laws, attaching statements to the new legislation before forwarding it to the Federal Register.  The task force will also consider whether such statements conflict with express statutory language or congressional intent.

Other newsworthy proposals include an expected late report from the Task Force on Attourney-Client Privilege seeking to ensure that corporate financial audits do not erode the attorney-client privilege and work product doctrine, and a so-called "Civil Gideon" recommendation that legal counsel be provided as a matter of right at public expense to low-income persons in adversarial proceedings where basic human needs are at stake, such as shelter, sustenance, safety, health and child custody.

Many recommendations, however, may not hit the news, although they are of importance to lawyers and lawyering. The ABA Young Lawyers Division will bring a recommendation that the ABA adopt "the Standards of Practice for Attorneys Representing Parents in Abuse and Neglect Cases." Among other things, the standards require parents' lawyers to cooperate and communicate regularly with other professionals in the case, acquire sufficient working knowledge of all relevant federal and state law and regulations, act in accordance with loyalty owed to the client, act in a culturally competent manner, review the child welfare agency case file, and much more.

The Section of Litigation is recommending that the ABA encourage law firms to consider "alternatives to mandatory minimum billing requirements that would reduce undue emphasis on lawyers' billable hours and permit law firms the flexibility necessary to manage themselves..." and to consider "compensation systems that recognize and reward attorneys based on factors in addition to the number of hours they bill to client matters, including pro bono work, community service, mentoring and training," and others.

The Section of Taxation is sponsoring a recommendation that the ABA adopt the Model State Administrative Tax Tribunal Act to "increase public confidence in the fairness of the State tax system" through the state "provid[ing] an independent agency with tax expertise to resolve disputes between the [department of revenue] and taxpayers, prior to requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer has had a full opportunity to attempt settlement" with the department of revenue.

A summary of most of the policy proposals, with links to the full reports with recommendations, is online here. There will also be late reports filed, however, that are not reflected there.

The House will convene on Aug. 7 at 8:30 a.m. Hawaii Standard Time.

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