Preview of Midyear Meeting in Miami
» On Feb. 12 and 13 the ABA policy-making body, the House
of Delegates, will meet to discuss a number of critical issues to the profession.
The final proposals to revise the ABA
Model Code of Judicial Conduct have been released and will come before the House for debate and possible
adoption as association policy. The proposals are intended to provide clear
guidance for judges regarding their professional and personal conduct and
to assure the public that effective standards exist to regulate that conduct.
Among the key substantive elements suggested for change include: acknowledgement
of “problem solving” or “therapeutic” courts such as
drug courts; cautioning that although judges may encourage settlements, they
shall not coerce settlements; prohibiting judges from making pledges, promises
or commitments with respect to cases; clarifying that judges may, without
compromising their independence, integrity and impartiality, accept certain
gifts without reporting them; and detailing permissible political activities
for candidates for judicial office.
A second recommendation urges states to enact “apology legislation” to
make apologies by medical providers or their staff in response to unanticipated
outcomes of medical care inadmissible as evidence of an admission of liability.
A series of recommendations is sponsored by the ABA Commission on Effective Criminal
Sanctions. They include:
• Encouraging jurisdictions to develop community supervision
programs that allow less serious offenders to avoid incarceration and a
conviction record.
• Urging jurisdictions to limit access to, and use of,
criminal history records for non-law enforcement purposes.
• Urging jurisdictions to give prisoners meaningful access to the courts
and to ensure that they are subject to procedures applicable to the general
public when bringing lawsuits.
• Urging jurisdictions to develop graduated sanctions for violations of
probation or parole.
• Urging governments to assist defense counsel in advising clients of the
collateral consequences of criminal convictions during representation.
• Urging prosecutors to participate in training about how to exercise prosecutorial
discretion.
Additional resolutions call for adopting a model rule on providing legal
services after a major disaster, such as a hurricane; and urging Congress
and the executive branch to partner with the insurance industry to promote
availability of terrorism risk insurance.
The Summary
of Recommendations is
available online. Much more information will be brought to you in the February
issue of YourABA.
Back to top
» CLE programs abound, including programs to maximize business development
opportunities, expand opportunities for women and minorities, and instruct
on ethics concerns.
What special caveats apply to public sector lawyers
vis-à-vis attorney-client privilege and scope of representation? How can
you get the biggest bang for the buck in marketing and promoting your business?
What's the best way to go about drafting a retainer agreement to ensure
success in landing, and keeping, a client? These are among the questions
that will be addressed in a series of continuing legal education programs
at the ABA’s Midyear Meeting, to be held in Miami Feb. 8-13.
In “Define Your Event Strategy: Maximize Your Business Development Opportunities
and Marketing on a Shoestring: Tips for Making the Most of Your Business
Dollar,” an array of experts from around the country will provide
tips and tools to make the most of your time and dollar. Whether you are
a sole practitioner watching your marketing budget or a member of a mid-
to large-firm looking to maximize your spending, this program will provide
insight.
“Pathways to Success for Women and Minorities in the Public Sector” will
feature leaders currently working in the public sector. Panelists will provide
insight into their work, obstacles they've faced as women and minorities, and
the unexpected events that helped them achieve success. And in “One Plus
One Equals Three: Men and Women as Collaborators,” attendees will
hear how men and women can support each other in order to achieve success,
how to create co-gendered teams for competitive business developments,
and what opportunities and challenges exist for men and women working together.
The Midyear Meeting will also provide opportunities for law students, particularly
students of color and those from schools that are sometimes off the radar
screen for such programs, to interact with judges who secure clerks. Judges
will have the opportunity to review the qualifications of students as they
participate in panel discussions, a research and writing exercise and informal
social events.
A panel of three experienced lawyers will discuss and demonstrate techniques
for effectively executing the drafting of a retainer agreement in “The
Proper Retainer Agreement: Solid Writing, Strong Planning, Prompt Payment.”
Some of the other programs available to attendees include: “Collateral
Consequences: Concerns for the Representation and Prosecution of Non-Citizens
in Criminal Proceedings,” “Anatomy of a Trial Series: Opening
States/Direct Examinations,” and “Insurance 101: What You Need
to Know to Protect Your Clients’ (and Your Own) Rights to Recovery.” For
more information, visit the Midyear
Meeting Web site. And stay tuned. If
you can’t make it to Miami for the meeting, much more information will be
coming your way in the February issue of YourABA.
Back to top
© 2007
American Bar Association
|
