Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
286410853
label
HRC - ABA [American Bar Association] Convention 8/2/96
core
doc
dtoType
document
pageCount
1
Source metadata
Source extras
naId
286410853
levelOfDescription
fileUnit
otherTitles
7431941-20171164S-002-003-2023
Speechwriting
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
9a88aff4af9955c7
ocrText
Melanne Verveer / June For Friday / beach FIRST LADY HILLARY RODHAM CLINTON REMARKS FOR AMERICAN BAR ASSOCIATION ANNUAL CONVENTION YOUNG LAWYERS DIVISION DINNER ORLANDO, FLORIDA AUGUST 1, 1996 [Acknowledgments: Roberta Ramo, ABA president; Raquel Rodriguez, chair of Young Lawyers Division; Bob Geltzer, event coordinator, who will introduce you.] Thank you. I am very honored to receive this award and to be counted among such a distinguished group of past recipients and lawyers. You know, after reading Art Buchwald's syndicated column the other day, I was a little worried about coming here and being seen with so many lawyers. Mr. Buchwald says that the one reason I've been getting so much criticism these days isn't because I'm Bill Clinton's wife, or a Democrat, or a Chicago Cubs fan; it's because I'm a lawyer. But seriously, I am delighted that I could join all of you - - the members, fellows, and supporters of the Young Lawyers Division -- tonight. I want to thank you for the passion and commitment you bring to serving our communities and to helping all members of our profession fulfill our most important purpose -- that of making our society more just, and justice more accessible to all our citizens. Through such efforts as the Affiliate Outreach Project, the Greater Access and Assistance Project, and the Disaster Legal Services Committee, you have helped countless Americans resolve disputes, overcome problems large and small, and in turn, gain a greater respect for our country's system of justice. I want especially to thank you for your continuing commitment to the Center on Children and the Law. I am convinced that the persistent and heartbreaking problems of child abuse, neglect, and foster care must be addressed seriously by lawyers. It can't be left to overburdened social workers who are trying to do their best under very tough circumstances. Lawyers can and should be leaders in the effort to develop laws and legal precedents that protect children and strengthen families. As all of you here tonight have already found out, the most valuable reward of a Juris Doctor isn't necessarily a six-figure salary or a precise knowledge of the tax code. Rather it's the power to serve others in our community, to help those who have no voice, who do not have the means or the skills to seek justice for themselves and for their families. "Freedom. Justice. Liberty. Without lawyers they're only words" is the theme you are exploring and celebrating at this year's convention. For millions of Americans, "freedom, justice, and liberty" will certainly mean little if Congress succeeds in its short-sighted crusade to destroy a once-bipartisan, 22-year old American institution, the Legal Services Corporation. From the very beginning, the Legal Services Corporation has had to weather many challenges to its existence. I know from my own experience. I was just one year out of law school when President Nixon signed the bipartisan bill creating the Legal Services Corporation in 1974. My service on the House Judiciary Committee's impeachment inquiry into President Nixon and I needed to find a new job. I decided to call the dean of the law school at the University of Arkansas -- where a young man I knew from Yale was also teaching -- and asked him if his long-standing offer of a professorship was still open. The dean said yes. But when I asked him what he wanted me to teach, he answered, "I don't know. I'll tell you when you get here." Two weeks later, I arrived in a place where I had never lived to take a job I knew nothing about. [Love can do strange things to a person.] When I went to see the dean, he said, "Well I've given this some thought. I want you to teach criminal law. I want you to run the prison projects at the state and federal prisons. I want you to teach trial advocacy. Oh, and by the way, I want you to set up and run the new legal aid clinic." I was already feeling a little overwhelmed and daunted when I met a prominent judge at the local bar association's welcoming cocktail party for the law faculty. The president of the bar introduced me to the judge saying, "Judge, this is the new lady law professor. She is going to teach criminal law and run the legal aid clinic." And this tall, distinguished man with a handlebar gray mustache looked down at me and said, "Well, I don't have any use for lady law professors or legal aid clinics, but we're glad to have you here anyway." I didn't have too much time to let the doubts about my career choice chase me out of Arkansas, because classes started the next day. And I went to work -- desperately trying to stay at least one class ahead of my students, furiously filling out all the paperwork to create the legal aid clinic, and recruiting students and volunteers to help. I believed firmly that having the opportunity to represent real-life clients with real problems would be an important part of my students' education. While I have met many more people like that judge over the past 22 years, legal aid societies have become a part of American life. Last year, legal services programs throughout the country helped five million people who otherwise could not afford legal assistance with evictions, divorces, and child support collections. As most of you know and have first-hand experience 2 with -- the vast majority of these cases require little more than basic advice, a referral, a patient ear, a letter, or a phone call to solve the problem. Very few cases need to be resolved in the courts. As President Nixon said when he first proposed the legal services legislation, "These are small claims in the Nation's eye, but they loom large in the hearts and lives of poor Americans." And from my own experiences, not just as a legal aid lawyer, but also as a former chair of the Legal Services Corporation, I know how simple assistance can head off more complicated problems. [add personal experiences here?] As you know, the very survival of the Legal Services Corporation hangs in the balance. This Spring, despite strong efforts by the Administration, the ABA, and countless others around the country, Congress slashed funding for Legal Services by one third. Congress tied the hands of legal aid lawyers by banning them from filing class action suits. And even more language troubling, the same Congress that touts less federal involvement in local programs restricted the funds that legal aid programs asme are allowed to raise from private sources. restrictive ploud restrition This summer, congressional opponents are continuing their effort to eliminate legal services. A House committee voted to slash funding in the new budget by another $100 million to $178. But there are some on both sides of the aisle who are working to prevent further harm. Last month, the house passed a bipartisan amendment to restore most of that funding. The Senate voted to increase funding for 1997 by $10 million. Hopefully, Congress will at least hold the line on any further debilitating cuts while we await a time when a greater commitment to legal services and "justice for all" will be possible. I want to thank the ABA for the leadership you have provided over this past year in the effort to save legal services. And I want to thank all the private law firms, local bar associations and individual lawyers for stepping in to fill at least some of the void created by the drastic cuts. As you already know, pro- bono hours and donations have long been part of the legal services equation. There are always more people than can be helped. The effort to undermine legal services hasn't just hurt millions of poor Americans with legal troubles or the hundreds of dedicated lawyers who have lost jobs they loved. It has harmed our society's fundamental commitment to justice, to law, and to progress. I believe that our society and our profession became truer 3 over 100 have been clared + 1000, S of 1/4 of LSC's prof'e stoff have olift, offices have Seen dence't access to m legal with -- the vast majority of these cases require little more than Septem basic advice, a referral, a patient ear, a letter, or a phone call to solve the problem. Very few cases need to be resolved in the courts. As President Nixon said when he first proposed the legal services legislation, "These are small claims in the Nation's eye, but they loom large in the hearts and lives of poor Americans." And from my own experiences, not just as a legal aid lawyer, but also as a former chair of the Legal Services Corporation, I know how simple assistance can head off more complicated problems. Jr In [add personal experiences here? time F496 adopted afrapia As you know, the very survival of the Legal Services Corporation hangs in the balance. This Spring, despite strong your last efforts by the Administration the ABA, and countless others around the country, Congress slashed funding for Legal Services by one third Congress tied the hands of legal aid lawyers by banning them from filing class action suits. And even more Kangrage troubling, the same Congress that touts less federal involvement in local programs restricted the funds that legal aid programs are allowed to raise from private sources. Astrictive act ploud/Restrition very signif voto Dury This summer, congressional opponents are continuing their an The effort to eliminate legal services. A House committee voted to Ey's slash funding in the new budget by another $100 million to $178. But there are some on both sides of the aisle who are working to burget prevent further harm. Last month, the house passed a bipartisan amendment to restore most of that funding The Senate voted to is increase funding for 1997 by $10 million. Hopefully, Congress will at least hold the line on any further debilitating cuts from accentlends while we await a time when a greater commitment to legal services the and "justice for all" will be possible. 14250m afey day 980 I want to thank the ABA for the leadership you have provided almost over this past year in the effort to save legal services. And I H 200 want to thank all the private law firms, local bar associations miller and individual lawyers for stepping in to fill at least some of the void created by the drastic cuts. As you already know pro- lesther assault bono hours and donations have long been part of the legal m services equation. There are always more people than can be Pres, helped. budget The effort to undermine legal services hasn't just hurt millions of poor Americans with legal troubles or the hundreds of request dedicated lawyers who have lost jobs they loved. It has harmed 340 our society's fundamental commitment to justice, to law, and to m. progress. I believe that our society and our profession became truer hi a remarkable vate, 3 approved Ha leads Eventually $ 288 the Unine Senate have tube recomed will The magnitude of The problem is apparent in the area of demester abuse. The Prendens noted last week in Calif: according to. % inevey 3 cases they handle is a family low case - 1-3. In 1995 59, ddo of Mem were attempt by poor lawer to get legal protect's from abuseve hasbands, 9300 of them involved neg leated + asuad children "If we want to protect people vs damestic we meed not destroy me LSC we ought to las Them do Their jobs So may can help the real 9 us protect people yesterday in white a letter gratified to the strongly Senate me adm. once agree ^ urged to out Lsc's mesian to provide the Committee to provide 340 m one me camp Vateous poor to access to the Juel' system to our fundamental values with the founding of the Legal Services Corporation 22 years ago. The thousands of legal aid lawyers and the many more thousands of private lawyers who donate time to legal aid work are the heart and soul of our profession. They are helping our country uphold the one true contract individuals have with America -- the Constitution, and specifically its promise of justice for all. As the President said in a proclamation for National Legal Services Week: "The very nature of justice demands that it be available to all. True justice cannot be rationed -- it cannot be accorded to some while others are denied the full benefit of their rights. Our founders understood that privilege and responsibility are inextricably linked. The words "Equal Justice under the Law," inscribed over the portal of our highest court, represent a solemn promise made to every American." Each time a legal aid lawyer helps a mother petition for child support, or forces a nursing home to live up to its obligations to its elderly residents, this country and our profession move closer to our ideals. I'm not asking all of you to go out and become legal aid lawyers. I'm just asking that all of us consider what it means to be a lawyer today and what it would mean to our profession if none of us were able to be legal aid lawyers. A career in the law should mean a life of service and a commitment to justice, whether it is in a legal aid office, a classroom, or a law firm. As the Fellows and former "Young Lawyers" in this room will tell you, one of the wonderful things about growing older is discovering that the struggle for progress is often as important, if not more so, than the end result. At some point, however idealistic we may be or have been, we accept that the principles of fairness, justice, and equality often become flawed in their application. We accept that we will not solve all the problems we see in our lifetime. But we keep striving, we keep struggling for these ideals that we believe must be kept alive. We remain committed to the promise of a better future. As so many of you already know, and as many of you are learning, the cause of justice is worth a lifelong struggle. I commend you for being willing, in times that are not always favorable to lawyers, to play leadership roles in a profession that is so essential to the continue vitality of our country's cherished ideals. ### 4 My minister gave a sermon recently in which he related the story in Leviticus about the ancient Israelites who annually placed all of their miseries and sins on the head of a goat and then sent the goat off into the wilderness. When the goat reached the wilderness, the tribe was cleansed of all problems, all evils, all sins. This is an apt parable for what is happening in America today. In today's society, the goat is poor children and their parents. And somehow, we think we can rid ourselves of all our social problems by scapegoating children and exiling them to a wilderness of greater poverty and hopelessness. So today we find ourselves at a crucial moment in our own history when the very notion of what we stand for as a society is at stake. Our Constitution reminds us that the twin purposes of government are to "secure the blessings of liberty" and to "establish justice." And, as the President said in last year's Proclamation for National Legal Services Week: "The very nature of justice demands that it be available to all. True justice cannot be rationed -- it cannot be accorded to some while others are denied the full benefit of their rights. Our Founders understood that privilege and responsibility are inextricably linked. The words "Equal Justice under the Law," inscribed over the portal of our highest court, represent a solemn promise made to every American.' Yet today we find in Congress a broad and mean-spirited attack on the poor and vulnerable that includes the greatest threat to the Legal Services program we have ever seen. Whether we are public service or pro bono lawyers, public servants or concerned citizens, we must join together to defend and strengthen the American promise of equal justice. This should not be a partisan cause, but rather one that speaks to the larger values and aspirations of our society. Many organizations represented here tonight have already made their voices heard, and the President and I applaud you for speaking out about the importance of the Legal Services program. I hope all of you will join in reminding America that the Legal Services program is not just about providing legal help for the poor, but about offering proof that the American dream of freedom and justice is a promise that our nation is committed to fulfilling. Let me conclude by offering a prayer by the South African writer and poet, Alan Paton, that seems so fitting tonight: Open my eyes that I may see the needs of others; Open my ears that I may hear their cries; Open my heart so that they need not be without succor; 4 TO 2384012024566244 P.03 DOMESTIC VIOLENCE Established the ABA Commission OR Domestic Violence. The Commission consists of 17 national leaders in such fields as law, medicine, social work, law enforcement and education. Led the ABA Delegation to the Fourth World Conference on Women and participated in an ABA sponsored workshop on legislative responses to domestic violence. Representatives of nine countries worked with the ABA to address common issues and unique solutions to domestic violence issues. when you N Produced in partnership with The Walt Disney Company a video entitled "It's Not O.K.: have Let's Talk About Domestic Violence." The video is designed to reach children who have been exposed to incidents of domestic violence. It has been used as a training tool by the New York State Family Courts, the California District Attorney's Association and is being shown to all 13,000 members of the Chicago Police Force. Produced a handbook for lawyers entitled The Impact of Domestic Violence on Your Legal Practice. The handbook, a first of its kind, recognizes that all attorneys need to be able to recognize the issues surrounding domestic violence and be prepared to respond regardless of their usual area of practice. Serves on the Attorney General's and Secretary of Health and Human Services' Advisory Council on Violence Against Women LEGAL SERVICES Led the ABA's campaign to save the Legal Services Corporation. Mobilized lawyers to across the country into taking an active role in working to preserve access to justice for all Americans. RESOURCE TEAM Established in response to the O.J. Simpson trial an ABA Resource Team for High Profile Trials. The Team consists of judges, defense counsel, prosecutors, academics and media representatives. It serves to improve the fair and efficient administration of justice in high profile trials and enhance public confidence in the American justice system. It has already been contacted in the Oklahoma City bombing case. INDEPENDENCE OF THE JUDICIARY Worked to defend the independence of the judiciary in light of increasing attacks on federal judges. Called on all politicians to not weaken the judicial system by using judges as scapegoats for national problems such as crime. JUL-28-1996 22:29 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.01 ABA-RELATED INITIATIVES Established task forces to examine the way the ABA carries out its mission. Led a renewed effort to address membership as the Association's top priority which bas resulted in an Increase in membership numbers over last year. ANNUAL MEETING ??? OTHER HIGHLIGHTS: Appeared with Mickey Mouse in promos for the Annual Meeting. 15 seconds on Oprah discussing the courts" response to children in homes where there is domestic violence ABA president who, during a trip to London, predicted on the first day of jury deliberations in the most celebrated and controversial case in American history that a verdict would be a long time coming, only to reappear that evening when a verdict had been reached. TOTAL P.01 FIRST LADY HILLARY RODHAM CLINTON REMARKS FOR SOUTHERN METHODIST UNIVERSITY SCHOOL OF LAW DALLAS, TEXAS MARCH 5, 1996 [Acknowledgments: Gerald Turner, SMU President; Paul Rogers, Dean of Law School; Todd Gilbert, President of Student Bar Association; Jackie Gabbidon, [GAB-id-din] Vice- President of Student Bar Association] Friends, colleagues, and fellow lawyers; future lawyers and teachers of the law who are here this evening: Thank-you very much for inviting me to give this eighteenth annual Roy Ray Lecture. I welcome this opportunity because it gives me a chance to reflect on what a legal education and a career in the law has meant in my life -- and could mean in the lives of the students here in this room. It is also an opportunity to think about the ways a legal career can fulfill its most important purpose -- to be an instrument of good, a vehicle for making our society a more just one for all citizens. I went to law school in the early 1970s, during a time of great political and social ferment. To me and many aspiring lawyers of my generation, law was an avenue for positive social change. For helping the vulnerable, the weak, the poor. For protecting the Constitution and the Bill of Rights. Then, as now, there were many ways to reach one's goals as a lawyer. One could become an advocate, a legislator, a teacher, a corporate litigator, a prosecutor, or a public defender. I'm sure all of those choices will be reflected in the careers you choose when you leave here. And I know how difficult that choice can be because I've tried a number of those careers myself. But being here on a law school campus, I'm reminded mostly of my experiences as a law professor in Arkansas. I had never thought of teaching law until the summer of 1974, when my service on the House impeachment committee was ending and I needed to find a new job. I decided to call the dean of the law school at the University of Arkansas where a young man I knew was then teaching -- and took the dean up on his long-standing offer of a professorship. When I asked him what he wanted me to teach, he answered, "I don't know. I'll tell you when you get here." I showed up in Fayetteville in August 1974. And he said, "Well, I want you to teach criminal law and run the legal aid clinic, and run the prison projects at the state and federal prisons, and by the way, I want you to teach trial advocacy, too." I swallowed hard and immediately began trying to figure out how to start. 1 The very first evening I was in town, I was invited to the county bar association's welcoming cocktail party for the law school faculty. The President of the Bar took me around to meet everyone. He introduced me to one of the senior judges by saying, "Judge, this is the new lady law professor. She is going to teach criminal law and run the legal aid clinic." The judge looked down at me and said, "Well, I don't have any use for either lady law professors or legal aid clinics." In the years since that cocktail party, I have met many people like that judge who do not believe in legal services for people who could not afford them. But despite those opponents, the Legal Services Corporation, which was founded by bipartisan Congress and signed into law by President Nixon to fund local legal aid programs, still managed to help millions of Americans. After twenty-two years, legal aid societies have become a part of American life. The Legal Services Corporation is one of the instruments our society has to nurture and practice one of its most cherished ideals -- that of justice for all Americans. Last year, legal services programs helped 5 million people who otherwise could not afford legal assistance. The vast majority of cases handled were non-controversial: evictions, foreclosures, divorces. Often advice, a referral, a few letters or phone calls were enough to solve the problem. Very few of these cases needed to be resolved in the courts. From my own experience as founder of Ozarks Legal Services in Arkansas and as a former chair of the Legal Services Corporation, I know how such simple assistance can head off more complicated legal troubles and make a world of difference in the lives of clients. But today, the very survival of the Legal Services Corporation hangs in the balance. Over the past year, opponents in Congress have tried to cut funding. Still other members are determined to kill this vital institution. As of the first of this year, funding for the Legal Services Corporation in a temporary spending measure was slashed by one-third. LSC's final fate will be determined later this year. While private law firms, bar associations, and individual lawyers have increased their donations and pro-bono hours to make up for some of the lost funds, Legal Aid societies still have had to scale back dramatically on the number of cases they accept. Entire offices have closed. Many lawyers have been laid-off. What that means for American citizens who happen to be poor is that somewhere a couple and their young children must sleep in an unheated car because of an unlawful eviction; a woman is cowering in her bedroom, trapped in a marriage to an abusive spouse; and a child is going to school hungry because his father refuses to pay child support. Under the Congressional cuts, some 1.3 million people will be denied help. Congress is also trying to tie the hands of legal aid lawyers by banning them from 2 Fellows Award filing class action suits. Legal aid lawyers would not be able to bring suits on behalf of a group of poor citizens who want to challenge unfair housing practices or consumer fraud. Legal services lawyers also would not be able to participate in cases involving welfare reform and would be prohibited from lobbying legislatures or governments. You may be asking how this debate over the very existence of the Legal Services Corporation affects you -- our nation's future lawyers. Well, it has to do with our society's fundamental commitment to justice, to law, and to progress. A famous law school dean [Roscoe Pound, Harvard] once said: "Law must be stable, and yet it cannot stand still." He meant that law must evolve with the times, offering the security of permanence and hope for change. I believe that our society became more just and our profession became truer to its fundamental mission with the founding of the Legal Services Corporation 22 years ago. The thousands of legal aid lawyers and the many more thousands of private lawyers who donate time to legal aid work are the heart and soul of our profession. They are helping our country uphold the one true contract individuals have with America -- the Constitution, and specifically, its promise of justice for all. Each time a legal aid lawyer helps a mother petition for child support, or forces a nursing home to live up to its contract of taking care of its elderly residents, this country, this society lives closer to its ideals. I'm not asking all of you to become legal aid lawyers. I'm just asking you to consider how the law can and does affect the daily lives of people at every level of society. A career in the law should mean a life of service and a commitment to justice. These ideals are embodied in the work of the Legal Services Corporation, which in the current political climate needs your support more than ever. One of the most wonderful things about growing older is discovering that the struggle for progress in our society is often as important as the end result. At some point, however idealistic we may be, we accept that the principles of fairness, justice, and equality often become flawed in their application. We accept that we will not solve all problems in our lifetimes. But we keep striving, keep struggling for these ideals because we have to keep alive commitment and hope for the next generation. As so many of you already now, and as so many of you will learn, the cause of justice is worth a lifelong struggle. Thank-you. ### 3 Page 3 1ST STORY of Level 1 printed in FULL format. Copyright 1996 The Washington Post The Washington Post July 30, 1996, Tuesday, Final Edition SECTION: STYLE; Pg. E01; ART BUCHWALD LENGTH: 505 words HEADLINE: That's No Lawyer, That's My Wife BYLINE: Art Buchwald, Los Angeles Times Syndicate BODY: Republicans are trying desperately to make Hillary Clinton the political issue of the campaign. I know this because I keep hearing from people who ask when I'm going to stop bashing Bob Dole and begin pummeling the first lady. The policy of this column is to defend first ladies, no matter what political party they are affiliated with. This is because, without exception, they are much brighter than their spouses, and America needs them to keep their husbands from screwing up the country. Mrs. Clinton has created more heat than most presidential wives, and we need to examine why. Her problem is not that she is married to the president, or even that she is one of the most active first ladies we have had but rather that Mrs. Clinton is a lawyer. This is not a sexist thing. Lawyers can get into trouble just because they are destined to be the wife of the president of the United States. During all the time she practiced law with the Rose firm in Arkansas, she probably never said to herself, "I better be careful about how I handle this because someday I'm going to be first lady and the special prosecutor will wonder what kind of advice I gave my clients." In retrospect, it is regrettable that some of Mrs. Clinton's clients turned out to be scoundrels, but scoundrels are what pay a law firm's rent. As a lawyer, Mrs. Clinton had only one role, and that was to save her clients from going to jail. But now she is being criticized for doing even that. Isn't this what lawyers get paid to do? If she had stayed in Little Rock nobody would have cared if Mrs. Clinton had left her fingerprints on the billing records. It was only when she moved to 1600 Pennsylvania Ave. that her Rose Law Firm work took on a new significance. I doubt that there's a lawyer in America who could withstand the kind of scrutiny she has been subjected to concerning the defense of a client. Ever since the heat has been on Hillary Clinton, people who hate lawyers (and Page 4 The Washington Post, July 30, 1996 we're talking tens of millions) have come to believe that she did something wrong. I don't subscribe to this. Just because some of her clients were scalawags does not detract from the fact that she is a fine first lady. Any lawyer in Arkansas would have done the same things she did -- and probably has. As for Mrs. Clinton's Whitewater investment -- the whole country knows that it was lousy. In hindsight, if the president and first lady had their druthers, they would have invested in Mozambique Telephone Bonds. If we were to question further the animosity toward Mrs. Clinton, we would probably discover that it was because many people think that she is smarter than her husband. Even if this is true, and I'm not saying it is, it is a mistake to criticize her. Having an intelligent female lawyer in the White House is a big plus for the country, and we will all benefit from it. When someone tells the president, "My country right or wrong," only a woman's legal advice could instruct him on what would be the right thing to do. LANGUAGE: ENGLISH LOAD-DATE: July 30, 1996 [158] May 5 Public Papers of the Presidents U. ALEXIS JOHNSON, Career Ambassador, Un- with great distinction. Their exceptional der Secretary for Political Affairs, Depart- achievements have moved the Nation for. ment of State. DR. EDWARD F. KNIPLING, Director, Entomol- ward in such diverse fields as budgeting ogy Research Division, Agricultural Re- and finance, international relations, envi- search Service, Department of Agriculture. ronmental science, lifesaving surgical DR. FRED LEONARD, Scientific Director, Army techniques, and the world's monetary sys- Medical Biomechanical Research Labora- tem. I know all of you share my gratitude tory, Walter Reed Army Medical Center, for their superlative, although usually Department of the Army. GEORGE H. WILLIS, Deputy to the Assistant anonymous services to their country. Secretary for International Affairs, De- RICHARD NIXON partment of the Treasury. NOTE: The memorandum was dated May 4, These individuals are outstanding 1971, and released May 5. among the many men and women who The President presented the awards for 1971 serve their country and fellow citizens in a ceremony at the White House on May 5. 159 Special Message to the Congress Proposing Establishment of a Legal Services Corporation. May 5, 1971 To the Congress of the United States: port to the legal services concept. The In the long, uphill struggle to secure concept has also had the support of both equal rights in America, the Federal pro- political parties. gram of legal services for the poor is a The crux of the program, however, re- relative newcomer to the cause. Yet it has mains in the neighborhood law office. already become a workhorse in this effort, Here each day the old, the unemployed, pulling briskly and tirelessly at the task the underprivileged, and the largely for- as the Nation moves ahead. gotten people of our Nation may seek The legal services program began six help. Perhaps it is an eviction, a marital years ago as a small experiment within conflict, repossession of a car, or misun- the Office of Economic Opportunity. It derstanding over a welfare check-each grew swiftly, so rapidly that today more problem may have a legal solution. These than 2000 lawyers work for the poor in are small claims in the Nation's eye, but some 900 neighborhood law offices. No they loom large in the hearts and lives of less than a million cases a year are now poor Americans. processed by these dedicated attorneys, with each case giving those in need new A NEW DIRECTION reason to believe that they too are part of "the system." The Nation has learned many lessons A large measure of credit is due the in these six short years. This program has organized bar. Acting in accordance with not been without travail. Much of the liti- the highest standards of its profession, it gation initiated by legal services has has given admirable and consistent sup- placed it in direct conflict with local and 618 Richard Nixon, 1971 May 5 [159] State governments. The program is con- second, that the lawyers in the program cerned with social issues and is thus sub- have full freedom to protect the best in- ject to unusually strong political pressures. terests of their clients in keeping with the Even though surrounded by contro- Canons of Ethics and the high standards versy, this program can provide a most of the legal profession; and third, that the effective mechanism for settling differ- Nation be encouraged to continue giving ences and securing justice within the sys- the program the support it needs in order tem and not on the streets. For many of to become a permanent and vital part of our citizens, legal services has reaffirmed the American system of justice. faith in our government of laws. How- ever, if we are to preserve the strength of INDEPENDENCE FOR THE CORPORATION the program, we must make it immune to political pressures and make it a per- True independence for a corporation manent part of our system of justice. created by the Government demands a For two years, this administration has governing body drawn from a wide spec- studied means of delivering improved, trum and safeguarded against partisan in- high quality legal services to those in need, terference after its appointment. I believe as well as the question of what the proper that we can best meet these requirements role and structure of the legal services pro- by appointing the board of directors for gram should be. In 1969, we upgraded the Legal Services Corporation on the the status of legal services, recognizing it following bases: as a separate program within the Office -The members of the board should be of Economic Opportunity. Because of its appointed by the President, by and importance, I also specifically asked the with the advice and consent of the President's Advisory Council on Executive Senate. Organization (The Ash Council) to ex- -The board should consist of eleven amine the question, and last November members, no more than six of whom the Council recommended that the Gov- may be of the same political party. ernment create a special corporation for -A majority should be members of the the program. The role of legal services bar of the highest court of a juris- lawyers was also considered by the recent diction, and none should be a full- White House Conference on Youth, and time employee of the United States. a task force there expressed strong con- -Members should be appointed for cern that the independence of these at- three-year terms and serve no longer torneys be maintained. than nine years consecutively. Today, after carefully considering the -The board chairman should be alternatives, I propose the creation of a elected by the members from among separate, nonprofit Legal Services Cor- their number and serve a term of poration. The legislation being sent to one year. the Congress to accomplish this has three -No board member should be involun- major objectives: First, that the corpora- tarily removed except by a vote of tion itself be structured and financed so at least seven members, and only for that it will be assured of independence; reasons of malfeasance, persistent 619 [159] May 5 Public Papers of the Presidents neglect, or inability to perform. Po- or contract for that area, so that full con- litical pressures cannot be a basis for sideration could be given to the views of removal. that executive. Thus the legitimate con- These provisions, all painstakingly de- cerns of the jurisdiction involved could be signed to insulate the board from outside taken into account before proceeding, pressures, find an apt precedent in the but the corporation would retain its corporation created four years ago to independence. promote freedom and initiative in non- As yet another guarantee of that in- commercial broadcasting. In establishing dependence, and also to assure continuity the Corporation for Public Broadcasting, and facilitate long-range planning, I pro- the Congress was once again dealing with pose that funding by the Congress be a sensitive area of our national life, and it appropriated on a three-year basis. chose much the same course that I am recommending today. INDEPENDENCE FOR THE LAWYER The primary mission of the Legal Serv- ices Corporation should be the review and While it is important to insulate the approval of applications for funds sub- corporate structure so that public funds mitted by neighborhood law offices, spe- can be properly channeled into the field, cial units of private law firms, and other it is even more important that the lawyers attorneys who seek to provide legal as- on the receiving end be able to use the sistance to the poor. The decision in the money ethically, wisely and without un- case of each individual grant or contract necessary or encumbering restrictions. should be made by the corporation's pres- The legal problems of the poor are of ident-an official employed by the sufficient scope that we should not restrict board-based upon guidelines established the right of their attorneys to bring any by the board. type of civil suit. Only in this manner can To advise the board of the Legal Serv- we maintain the integrity of the adversary ices Corporation, I propose that an ad- process and fully protect the attorney- visory council also be established with its client relationship so central to our judi- membership including eligible poor clients cial process. and representatives of the organized bar. At the same time, it would be a waste As a further means of assuring its in- of our resources and a dilution of the legal dependence, I recommend that grants services program if these same lawyers made by the corporation to neighborhood were also to become involved in criminal offices and other recipients not be subject suits, since legal representation in crimi- to veto by governmental officials. It is nal cases is already available to the poor important, however, that State and local under many other programs. Counsel for officials be given ample notice of new the indigent has been held by the Supreme grants. Therefore, I propose that the cor- Court to be a constitutional requirement poration be required to notify the Chief in felony cases. States now provide for Executive Officer of the State, Common- such counsel, and the Federal Govern- wealth, District of Columbia or possession ment has made substantial sums of money at least 30 days prior to approving a grant available for criminal representation. 620 Richard Nixon, 1971 May 5 [159] Thus I propose that legal services ceed in so delicate an undertaking we lawyers be prohibited from criminal must devise a program which will have representation. the full support not only of the Congress For this same reason, legal services at- and the executive branch, but of the peo- torneys who are given full-time grants or ple as well. contracts should devote their entire pro- The full financial support of the govern- fessional efforts to representation of eligi- ment is clearly needed in this endeavor. ble clients, and should not be permitted to I propose that upon the date of incor- engage in the outside practice of law. poration, all of the funds then appropri- Certain lobbying activities, as well as ated for legal services activities in the partisan political action, should also be Office of Economic Opportunity, includ- proscribed. The latter two activities would ing those for research and training, be another dilution of resources, and be transferred to the Legal Services Cor- would have the further disadvantage of poration, so that it can undertake exist- placing the Legal Services Corporation ing Office of Economic Opportunity itself squarely in the political arena, obligations. where it does not belong-and thus invit- To help us broaden the attack on our ing those political pressures from which unmet needs, I am also proposing two new its independence is designed to insulate it. initiatives: On the other hand, these limitations -First, I propose that specific authori- should not impair the right of the legal zation be given for grants to indi- services attorney to prepare model legis- vidual lawyers. This will increase the lation or to respond to the inquiries of opportunity for the private bar to legislators. Such actions are traditionally participate in legal services and will within the scope of the attorney's right to enable the corporation to channel represent a client and must be preserved. greater resources into rural areas. -Second, I propose that the Legal STRENGTH FOR THE FUTURE Services Corporation be authorized to identify the principal legal prob- In discussing the broad contours of this lems of the poor involving the Fed- program, we must not overlook the chal- eral Government and then work with lenges ahead. The Nation can be proud appropriate governmental agencies that we have come so far already. in trying to solve them. Hopefully, Under this administration alone, the legal this effort might in many cases elimi- services caseload has increased some nate the need for poor persons to 97%-from approximately 610,000 cases seek redress in our overcrowded in fiscal year 1969 to an estimated courts. It would also conserve the 1,200,000 cases in fiscal year 1971-and resources of the corporation with- the budget allocations have increased dur- out denying to any lawyer the right ing this period by approximately one- to bring a suit which he deems third. Yet today, perhaps four out of every necessary. five legal problems of the poor still go The Federal program of providing legal unattended. The challenge to us is thus pay for them is a dramatic symbol of this a significant one, and if we are to suc- services to Americans otherwise unable to 621 [159] May 5 Public Papers of the Presidents Nation's commitment to the concept of NOTE: The proposed Legal Services Corpora- contrary, it equal justice. It is a program both new tion bill was introduced as S. 1769 and H.R. greater effo. and unparalleled by any other system of 8163. mechanism On the same day, the White House released justice in the world. I urge the Congress a fact sheet summarizing the major features to join with me in adopting this proposal of the proposed bill and the transcript of a to give it new strength for the future. news briefing on the Corporation by Frank C. 161 R Carlucci, Director, Office of Economic RICHARD NIXON Opportunity. The White House Secretary May 5, 1971 Mitchell, ( guests on tl 160 Statement About Agreements With Panama and day, the Sa The Sec: Colombia To Complete the Pan American Highway. formed me May 6, 1971 sentative g gathered ir THE AGREEMENTS signed today by unifying international project. Secretary of Transportation Volpe, This effort is possible only because of single meeti: it seems to D Panamanian Minister of Public Works the strong support it has received from Fabrega, and Colombian Minister of Pub- the United States Congress, the Pan My probl American Highway Congresses, and the begin this di lic Works Duran will enable our govern- for the occa ments to begin construction of the last Governments of the Republics of Panama major section-the Darien Gap-needed and Colombia. I firmly believe that the During th be briefed Of to link together existing sections of the completion of this highway joining the Pan American Highway System. Americas will serve as an invaluable sym- matters by tl I welcome this development with the bol of New World unity as well as an eral Haig,1 others; mat greatest enthusiasm-I believe that the avenue of commerce and culture. completion of the Darien Gap portion The Darien Gap Highway project calls every family over the next several years will constitute for only 250 miles of new roadway, but course, that f live in rural an historic milestone along the road to these are a very significant 250 miles. I concern with understanding and unity within our believe that when they are completed, the What I WC hemisphere. Pan American Highway will become a Upon completion, this link for the Pan pulsing artery of trade, travel, and under- remarks is I American Highway will allow the motorist standing. It will further the inter-Ameri- perspective, to drive the entire 14,000 mile journey can spirit of solidarity and will accelerate Secretary of from Fairbanks, Alaska, to the southern- the pace of economic growth and social and the Wh most tip of South America. progress in the hemisphere. It will fulfill salute to Ag: For a long time experts thought that a dream which dates back, in the United America's fa families alone this section could not be built: the "bot- States at least, to a proposal made in the tomless" Atrato Swamp which it must Congress in 1884 to build a railroad con- it was approp necting the countries of North and South ciation to Am cross could not be conquered; the fact you have dor that this project will now be undertaken America. is a tribute not only to modern engineering Building this final link in the highways Brig. Gen. but also to the determination of our coun- of the Americas does not represent the Deputy Assistar tries to forge this final link in a great, end of our common undertaking. On the Security Affairs. 622 Current $278 t arvail House menuted more proputers hines a Concerted effort when a greater Cannit- m a bipates am meal to justice for alls isice be possible 6vendment FAE to resistate This only hogered because f your efforts put bruts bring, 0 meen like you X the leave in Fy 97 beron me country x but appear lue to 250 too n ower Committee work Crdm. waving to +end tontrague to LSC) of 178- Cagrees that distri the scarte walk Cut (guote 5t8) Minacceptable. is $288 Hopefully, inadequate Mangh in me conference metimately me maintain LSC as Congres will artere Lead Poisoning Prevention Project 415-777-5267 7/31/96 @11:57 AM 1/1 July 31, 1996 Dear White House Officials, 1 am writing to urge you to VETO the Welfare Reform Bill. This bill will endanger America's poorest children and families, and therefore hurt EVERY American. Sincerely, Caroline Mitchell Caroline Mitchell 521 Easterby St Sausalito CA 94965 criteria, more caseload reductions, threaten life or shelter." a weapon involved?' I'm afraid we're and more skeletal forms of service. Often in the past, legal ser- sending the message that some "We're doing a kind of triage," vices couldn't take on divorce cases level of violence is acceptable." laments Phyllis Holmen, executive unless spousal abuse was involved. Client populations, whose legal director of the Georgia Legal Ser- "Now," says Paula Zimmer, needs were estimated as being met vices Program based in Atlanta, president of Legal Services Associa- only 20 percent of the time prior to which so far lost a fourth of its tion of Michigan, an ad hoc group the cuts, can expect to receive hast- staff, going from 185 to 139 in the representing the state's legal aid of- ier, more cursory representation, or past year. "We're only taking emer- fices, "we have to ask, 'How many none at all. gency cases, meaning those that times were you hit? And was there Rural Legal Services of Ten- COMMENTARY Don't Let Them Kill the LSC and compassion. Does it serve a left-wing agenda to help a farmer in Missouri who is threatened with losing his farm because BY JOHN J. CURTIN JR. Legal Services Corp. is an illness has led to a fight with an far from over. The battle insurance company? There were 250,000 We spend a lot of time to protect access to improper farm foreclosures by the talking about tort reform and justice is not over. Federal Housing Administration in the about improving the civil last decade. justice system. Too often, Ongoing Battles Is it anti-family to help a young these discussions are The effort to kill woman seek a divorce from and centered on big cases, LSC is as old as the act protective order against an abusive complex litigation and big itself. Twenty-one years husband, to work to ensure that a money matters. For too many ago when the original divorced father meet his obligations to his Americans, however, the Legal Services Corp. Act own children? legal system is not a matter of was before Congress, the Are we really at the point where we dollars and cents-it is a very concept was defeat the will of the American people if matter of life and death. attacked. we demand that reforms of government Our support for local legal services Some said that creating local legal programs meet a simple test-that they programs funded through the Legal services programs would allow members be constitutional? Services Corp. is, at its core, support for of the bar to escape their pro bono Yes, legal services lawyers have people in these life and death situations. obligations, that creating a federal offended many. Because of their success, It is about providing people a measure of program would only increase litigation. the LSC will continue to be under siege. dignity in dealing with their most difficult Some even said there really was no need There are those on Capitol Hill who problems. for free legal services. would strip the Legal Services Corp. of Last year, lawyers around the In the 1981 campaign to kill the any funding in favor of block grants country rallied to save the LSC. Despite program, there was a new twist to an old directly to states. Yet even under ideal some claims to the contrary, the LSC argument. Critics said then that local conditions, block grants would provide far remains alive. Yes, the LSC now has legal services programs were the tools of fewer resources than are necessary to fewer resources-a cut from $400 million the ideological left, that programs were meet even the baseline of legal services to $278 nationally. Local legal services being directed by 1960s radicals forcing to the poor. lawyers are further restricted in the work their agenda through class action they can do. But we still believe that the lawsuits and politically motivated Opponents Are Active LSC-even with less money and more litigation. The recently imposed restrictions restrictions-is worth saving. In the past several months, the on local programs make clear that This "saving" in and of itself is no historic opponents of legal services have opponents of legal services will try to kill small feat. Many had predicted and added new arguments to the old, that the LSC, using the strategy of "death by a worked for the demise of the LSC. One local legal services programs are anti- thousand cuts." senator, at least according to a story that family-fostering divorces. If you still doubt that our battle to may be apocryphal, was quoted last year Opponents charge that legal save the Legal Services Corporation is as saying that even prayer would not save services programs are destructive to the really a battle to preserve legal services the LSC. But prayer, hard work and the community, more concerned with for the poor, consider this. Local legal collective commitment of thousands of defending drug dealers than with services programs are now prohibited lawyers from across the country paid off cleaning up inner-city housing projects. from using money they raise on their own -in part. Most recently, it is said that the in pursuit of any case of activity restricted However, the battle to save the programs attempt to thwart the political by Congress. Does this strike you as winds of change by opposing welfare incongruous? John J. Curtin Jr. of Boston reform. so popular among the American Imagine a Congress committed to was president of the ABA during people. "divesting" power to the states suddenly 1990-91 and is chair of the Ad Hoc Lawyers know the truth. Lawyers taking such a contrary position of federal Committee on State Justice Initia- know that what local legal services control. Congress has limited the tives. programs really provide is hope, dignity advisory boards of local programs from 62 ABA JOURNAL / JULY 1996 ABAJ/TOM GERCZYNSKI JUL-26-1996 03:39 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.04 AMERICAN BAR ASSOCIATION for YOUNG LAWYERS DIVISION INFORMATIONAL REPORT TO THE HOUSE OF DELEGATES AUGUST 1996 Providing leadership in serving the public and the profession and promoting excellence and fulfillment in the practice of law constitute the mission of the ABA Young Lawyers Division ("YLD"). Its extensive committee structure and network of affiliated organizations set the stage from which the Division's myriad contributions emanate. With numbers approximating forty percent of total ABA membership, the Young Lawyers Division plays a central role in influencing bar participation among newer, or younger lawyers. After more than sixty years of service to the public and the profession, the YLD continues to lead the way in presenting innovative service projects, programs, and publications. Included in this report are the ABA/YLD's Center on Children and the Law, the Division's Affiliate Outreach Project, Bar Leadership Development Project, special projects on professionalism and minority issues. enhanced and improved publications. and heightened communications and membership development/retention efforts. The Division uses its twelve standing committees to promote child advocacy and protection, minorities in the profession, participation by young lawyer affiliates in pro bono and public service activities, continuing legal education, and increased membership in the ABA. Its 28 substantive committees generate programs as diverse as the delivery of legal services to persons of modest means and the elderly, aid to the homeless, health care law, family law, and alternative dispute resolution. Other program areas include citizenship education, substance abuse in the profession, women in the profession, quality of life issues, law student outreach, and law practice management. The dedication shared by YLD members enables the Division (1) to address. in a meaningful way. many of the critical issues facing our society, and (2) to help improve and enhance the professional lives of its members. The ABA Young Lawyers Division is proud of its public service and professional development programs and activities, and is pleased to describe several of them herein. 1995-96 SPECIAL PROJECTS 1. Young Lawyers Division Professional Development Conference In keeping with its commitment to offer substantive developmental programming for its membership, the YLD presented its inaugural Professional Development Conference during the 1996 Midyear meeting in Baltimore. Entitled "Lawyering in the '90s: A Professional Development Conference for Young Lawyers." this day-long CLE program offered top- quality speakers on practical issues of importance and concern to young lawyers, including ethics, professionalism, and day-to-day lawyering. More than 200 persons took advantage of this tremendously successful conference. 1 JUL-26-1996 03:40 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.05 2. Minority Bar Passage Project Promoting diversity within the profession continues to be a primary goal of the YLD. This year, the Division is helping to address the disparate rate of bar passage among minority exam takers through the development and implementation of specially designed supplemental bar review courses. These courses are being offered in preparation for the July 1996 Bar Examination in Miami, Florida, and Wilmington, Delaware, and the program will be implemented in Houston, Detroit, and Los Angeles in preparation for the February 1997 Examination. 3. Domestic Violence Handbook During the 1995-96 bar year, the Division highlighted the importance of working to reduce the incidence of domestic violence nationwide. Part of this effort included the development and promotion of a Program Guide entitled "Addressing Domestic Violence in Communities," which contains resources and projects for use by young lawyer affiliates. The Program Guide also addresses the topics of public awareness, fundraising, counseling, training, and advocacy topics. OTHER PROJECT AND COMMITTEE ACTIVITIES 1. The Affiliate Outreach Project Since its inception, the Affiliate Outreach Project (AOP) has been dedicated to promoting public service work within the legal profession. The AOP now encompasses both public service and professional development projects, and continues to assist more than 325 state, local and special interest young lawyer organizations in creating. managing and maintaining their programs. This coordination is accomplished through national conferences, and technical assistance in the form of site visits, outreach meetings, grants, and publications. In May 1996, the AOP held its Spring national conference in Tucson, Arizona. More than 350 young lawyer leaders attended workshop presentations that included both public and professional service projects such as "Conflict Resolution for Youth" and "Alternative Work Schedules: Improving Your Quality of Life." Twenty-four workshop presentations were complemented by the development and distribution of as many project pamphlets. This conference also hosted the recipients of the annual YLD Child Advocacy Law award. The Division has advanced its commitment to public service by sponsoring community outreach or fundraising efforts in conjunction with all major YLD meetings. During the Spring conference, for example, young lawyers raised funds through a charity golf tournament to benefit Tucson's Brewster Center for victims of domestic violence. 2 JUL-26-1996 03:41 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.06 The AOP also produces The Affiliate newsletter which offers direct project assistance and project clearinghouse functions. Invaluable technical assistance is available to bar associations through the AOP Affiliate Assistance Program. providing on-site assistance sessions throughout the bar year. These sessions help affiliates develop well-organized and financially sound programs. In addition, the AOP's Public Service Subgrant Program provides seed money to implement public service projects in communities across the country. This year's program awarded $36,000 in grant monies for public service projects during the ABA/YLD Midyear Meeting Assembly. Seed money for member development programming was also provided during this bar year pursuant to a new member service grants program. 2. Bar Leadership Development Project The Division created its Bar Leadership Development Project to provide young lawyer affiliates with intensive programming and training in the area of bar leadership. The project epitomizes the ABA/YLD commitment to develop effective bar leaders across the country and provide them with necessary tools to build well-organized and financially sound young lawyer organizations. The project's fifth national conference was held in conjunction with the ABA Midyear meeting in Baltimore. More than 300 young lawyer leaders attended workshops on a variety of topics including building community coalitions, effective communications, developing leadership styles, and public speaking. Attendees also received the Division's Bar Leadership Handbook, an A-to-Z guide for bar leaders to effectively direct their organization's resources. A special feature of this year's conference provided young lawyers with the opportunity to meet ABA leaders in order to learn about further involvement in the ABA. 3. Access to Justice: Filling the GAAP ("Greater Access and Assistance Project") Modeled after similar programs in Richmond, Virginia, and Tampa, Florida, this project provides free legal assistance to the "gap" group, or those persons whose income precludes them from receiving local Legal Services Corporation entity assistance, but who cannot afford the services of a private attorney. As a priority of the Young Lawyers Division, the "GAAP" project has been replicated throughout the country, thanks in part to small "start- up" grants administered by the YLD.. Thirteen affiliated young lawyer groups have already implemented a GAAP program in their respective localities, and another twenty-five organizations are examining the feasibility of implementation. 4. Responding to the Unmet Legal Needs of America's Children The Division continues to help address and meet the unmet legal needs of America's children. In response to a request from the ABA Steering Committee on the Unmet Legal Needs of America's Children, the YLD continues to help implement many of the recommendations set forth in the Steering Committee's landmark report, America's Children at Risk. These efforts include the release of a one-thousand page compilation of more than 3 JUL-26-1996 03:41 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.07 60 public service projects on behalf of children, plus the dissemination of a supplemental report. Another example is the nationwide replication of the YLD's Children's Courthouse Waiting Room project, designed to provide temporary safe havens for children involved in divorce, custody, and other legal proceedings. During the Midyear meeting in Baltimore, Division volunteers prepared waiting rooms in the Baltimore City Courthouse, which drew substantial press coverage. To date, nineteen such waiting rooms have been established by affiliates nationwide, and thirty-nine young lawyer groups have indicated substantial interest in the project. In her address to the ABA House of Delegates in Baltimore, U.S. Attorney General Janet Reno singled out the courthouse waiting room project as an important service to the nation's children. 5. Pre-Law Conferences for Minority High School Students In conjunction with its four major meetings, the Division sponsors pre-law conferences that attract more than 300 local minority high school students. These students are interested in learning more about the legal system, and about being a lawyer. Minority lawyers and judges lead discussions covering important tips for law school applicants, and the day to day truths of being a lawyer. This year, pre-law conferences were held in Milwaukee, Baltimore, and Tucson. 6. ABA/YLD Response to Natural Disasters The ABA/YLD's Disaster Legal Services Committee continues to provide victim legal assistance in the event of federally-declared disasters, pursuant to the ABA/YLD's agreement with the Federal Emergency Management Agency ("FEMA"). As a result of District restructuring and improved training procedures, the Committee, together with state and local bar organizations and legal services providers, can respond quickly and efficiently when disaster strikes. Most recently, young lawyers mobilized to provide disaster legal assistance in response to fires in Alaska, tornados in Arkansas and Kentucky, and floods in Pennsylvania. Throughout the 1995-96 bar year, the Division and its Affiliates responded to more than fifteen federally declared disasters. 7. Communications/Membership Development The Division shares the Association's commitment to improved and enhanced communications and membership recruitment/retention. The YLD continues to circulate its "YLD at a Glance" newsletter to help the Association leadership and others stay abreast of important Division projects, programs, and activities. This year, the YLD initiated its own home page on the World Wide web. Since its inception in October 1995, the site's visitors increased from 64 to over 475 in April. More important, the Division's Task Force on Communications Options has recommended exciting new communications approaches that are expected to be implemented in the coming bar year. 4 JUL-26-1996 03:42 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.08 8. Newsletters/Publications Many of the Division's substantive committees are publishing newsletters this year, including Admiralty Law, Corporate In-house Counsel, Ethics and Professionalism, Litigation, and Probate and Trust Law. Sales of Changing Jobs: A Handbook for Lawyers in the 90s, published in cooperation with the Law Practice Management Section, are steadily increasing. The YLD also released this year the results of its most recent career satisfaction and membership survey. 9. YLD Assemblies The YLD Assembly is the Division's principal policy-making body and is comprised of approximately 350 delegates from state and local young lawyer organizations. Three resolutions recently debated by the YLD Assembly will be presented for consideration by the ABA House of Delegates in Orlando. The Assembly generally considers a host of resolutions on matters of interest to the public, the profession, the Association, and young lawyers members. CENTER ON CHILDREN AND THE LAWR Located in the ABA's Washington, D.C. office, the 18-year-old ABA/YLD Center on Children and the Law remains one of the Association's largest and most active public interest programs. For the last several fiscal years, the Center's annual budget has been approximately $3 million, less than 7 percent of which is ABA General Revenue. The Center presently has outside funding to support the work of over 20 research, training, and technical assistance projects. These include projects that: assist states and communities to develop child maltreatment death review teams and train team members; train attorneys and judges on the handling of child support, child abuse, child sexual abuse, and parental child abduction cases; provide technical assistance to public child welfare agencies; evaluate state court handling of child welfare cases; and improve the NYC foster care placement system. Most Center projects address cutting edge legal issues and result in research findings, legal educational materials and training, and publications aimed at the bench and bar, policy makers, and other professionals involved with children and youth. For example, the Center has recently: 1) designed a curriculum and organized and conducted a national training program, attended by judges and judicial educators from over 40 states, on the new Uniform Interstate Family Support Act (supported by the State Justice Institute); 2) published, with support from the Edna McConnell Clark Foundation, the book Family Group Conferences in Child Abuse and Neglect Cases: Learning from the New Zealand Experience, which will help state child welfare agencies implement this new child welfare practice; and 3) commissioned, with support from the U.S. Department of Health and Human Services, a series of papers on little-understood legal issues affecting adolescent health care. 5 JUL-26-1996 03:43 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.09 Since the ABA Midyear meeting in Baltimore, the Center has received new funds to: study the relationship between sexual abuse of children, including statutory rape, and subsequent teen pregnancy (supported by Annie E. Casey Foundation and the Carnegie Corp. of New York). The project will examine laws and prosecutorial policies to see how the legal system can help break this cycle; conduct an evaluation of the California state court system's handling of abuse and neglect, foster care, termination of parental rights, and adoption cases; conduct advanced trial skills training for child welfare attorneys of the Ohio Department of Social Services; identify and provide training to attorneys to represent parents, on a pro bono basis, whose children have been illegally abducted and brought to this country by the other parent in violation of Hague Convention on International Child Abduction; and design and write legal modules for a national curriculum for foster care review bodies. The Center also has received preliminary notification that the State Justice Institute is awarding two new grants for the Center to develop legal manuals on guardian ad litem representation and the resolution of child welfare issues across state lines. In addition. the Center has revamped. revised. and renamed its monthly law reporter-- now ABA Child Law Practice (formerly ABA Juvenile and Child Welfare Law Reporter). The Reporter, one of the few ABA periodicals supported 100% through subscription revenue, remains the nation's best source for timely legal news and analysis in the growing practice area of "children's law." In June 1996, the Center conducted the 8th (biannual) ABA National Conference on Children and the Law in Washington, D.C. This year's conference was themed around conflict resolution and youth, and cosponsored by the ABA Section of Dispute Resolution. U.S. Attorney General Janet Reno and Secretary of Education Dick Riley were presenters (covered by C-SPAN and CNN). Other ABA cosponsors included TIPS, Section of Family Law, Steering Committee on the Unmet Legal Needs of Children, JAD, and the Special Committee on Youth Education for Citizenship. Both TIPS and the ABA Standing Committee on Continuing Education of the Bar provided generous scholarship support. As demonstrated by the conference, the Center actively seeks the input and participation from other interested ABA entities. Its advisory board is comprised of liaisons from over a half dozen ABA groups, such as the Section of Family Law, and Steering Committee on the Unmet Legal Needs of Children. 6 JUL-26-1996 03:43 FROM AMERICAN BAR ASSOCIATION TO 2384012024566244 P.10 CONCLUSION This report describes only several of the many projects and programs of the ABA Young Lawyers Division and its Center on Children and the Law. The dedication and commitment of countless volunteers has sustained the Division in its efforts over the years, and 1995-96 has been no different. As always, the Division welcomes and values the input, advice, and comments of interested Association entities to help better serve the Association, the legal profession, and our society. Respectfully submitted, Raquel A. Rodriguez Chair, ABA Young Lawyers Division August 1996 7 TOTAL P.10 ELAINE WEISS Associate Executive Director Administration melanne - Background Info an aBa Innual meeting Please pass along to Lissa Muscatine 2/50, I think the SMU speech is very adaptable to this audience (Most of it) Elaine AMERICAN BAR ASSOCIATION 750 North Lake Shore Drive, Chicago, IL 60611 (312)988-5227 FAX: (312)988-5151 AA 1996 ANNUAL MEETING AMERICAN BAR ASSOCIATION ABA SPEAKERS ORLANDO, FLORIDA JUSTICE LIBERTY WITHOUT LAWYERS THEY'RE ONLY WORDS AA 1996 ANNUAL MEETING ORLANDO, FLORIDA SATURDAY, AUGUST 3 Opening Assembly Swan Ballroom, Ground Level Walt Disney World Swan 5:30 p.m. Honorable John Paul Stevens, Associate Justice, Supreme Court of the United States SUNDAY, AUGUST 4 Prayer Breakfast Southern Hemisphere, Ballroom Level Walt Disney World Dolphin 8:00 a.m. Elie Wiesel Nobel Peace Laureate Ticket: $25 MONDAY, AUGUST 5 ABA Pro Bono Luncheon Southern Hemisphere, Ballroom Level Walt Disney World Dolphin 12:00 p.m. U.S. Attorney General Janet Reno Ticker: 530 TUESDAY. AUGUST 6 ABA Gavel Awards Luncheon Southern Hemisphere, Ballroom Level White Pistics World Polphur 12:00 p.m. Gene Siskel Film ( the Ticket: 530 "THE GREATEST LAW SCHOOL LECTURES YOU NEVER HEARD" SERIES FRIDAY, AUGUST 2 SATURDAY, AUGUST } MONDAY. AUG ST 5 Pelican Room, Ground Level Pelican Room. Ground Level Pelican Room. Ground Level Walt Disney World Swan Walt Disney World Swan Walt Disney World Swam 8:30 a.m. to 9:30 a.m. 8:30a.m. to 9:30 a.m. 30am. to am. Guest Speaker: Guest Speaker: Guest Speaker: Alex Sanders Michael Tigar Jesse McCrary President. College of Twelest Attorney Representing Lingator and Distingurshed "Real Life Case Studies in Natiols in the Oklahoma Orator Political Correctness" mbing "Lawyers: The Salt of or "Tustice or Just Us' The Democracy" "Are Real Lawyers Sensitive" tenson Between Equality not breedom" ABA COMMISSION no COMMISSION ON WOMEN IN THE PROFESSION American Bar Association CHAIR Laurel G. Bellows MEMBERS J. David Andrews AMERICAN BAR ASSOCIATION Kim J. Askew Dolores S. Atencio Teveia Barnes Hon. Martha Craig Daughtrey Marcia D. Greenberger Mark I. Harrison Sheryl Ramstad Hvass Raymond C. Marshall Estelle H. Rogers Diane C. Yu SPECIAL ADVISOR Commission on Cory M. Amron BOARD OF GOVERNORS LIAISON Samuel S. Smith LIAISONS Prof. Mary Becker Women Mary B. Cranston Dianne K. Dailey Parthenia B. Evans Cecilia I. Johnstone Profession Armando Lasa-Ferrer, Sr. Bettina Lawton Georgia A. Niedzielko Jamienne S. Studley Eugene C. Thomas STAFF Ellen T. Mayer, Director Jane Nosbisch, Assistant Director Veronica M. Muñoz, Research Specialist Karen Berenbaum, Meeting Planner Bridgette Williams, Administrative Assistant ABA American Bar Association Women are History "To bring 23% of all lawyers in the Commission on meaningful United States n August 1987, the American Bar change, Association (ABA) created the nen 44% of law school students Commission on Women in the women need 35% of lawyers in executive Profession and established these in the to take on branch agencies primary objectives: Profession 28% of professionals in legal more leaders education I Assess the current status of women in the legal profession roles and 28% of government lawyers and identify their career paths become a 25% of American Bar Association and goals. membership part of the 20% of solo practitioners II Identify barriers that prevent Mission women lawyers from full policymaking participation in the work, body." responsibilities and rewards But women are only of the profession. Goal IX o secure the full and equal Report Card, 199 participation of women in 19% of corporate general counsels III Develop educational programs the American Bar Association, 17% of law school professors to address discrimination against the legal profession, and the women lawyers and the unique 13% of law firm partners justice system. problems they encounter in 13% of state and local bar presidents pursuing their professional 9% of judges careers. 8% of law school deans IV Make recommendations to the ABA for action to solve problems the Commission identifies. The ABA Commission on Women in the Profession, comprised of Commission Chairs: members appointed by the ABA Laurel G. Bellows President, develops programs, (1994-present) policies and products to advance Cory M. Amron and assist women lawyers and to (1991-1994) educate the profession about work Hillary Rodham Clinton and family issues that affect all (1987-1991) lawyers. ДТА AMERICAN BAR ASSOCIATION The Commission hosts events to celebrate women and their progress Votes for Women Rally: "The true in the profession as well as society. Make Your Voice Count republic- - The following have been among the most popular and widely- men, ugust 1995 marked the attended ABA events: 75th Anniversary of women winning the their rights Margaret Brent Women Lawyers right to vote in the United States. In commemoration, the Commission on and nothing of Achievement Awards Women in the Profession in cooperation more; with the Law Practice Management Section Women Rainmakers' Interest women, Group hosted a reception at the ABA their rights Annual Meeting. Recreating a 1920's amed after the first woman right to vote rally, actors in period cos- lawyer in America, this annual award and nothing tumes performed vignettes and engaged was established by former Commission the audience in debate. A reproduction less." Chair Hillary Rodham Clinton in 1991. of the 1848 Declaration of Seneca Falls Susan B. Anthony Its purpose is to recognize and (the document which launched the 1820-1906 celebrate the accomplishments women's suffrage movement) was of women lawyers from around signed by all guests. the country who have achieved professional excellence in their An historical timeline of suffrage pho- area of specialty and have tographs and documents was presented paved the way to success for at the event and is currently displayed at other women lawyers. the American Bar Center in Chicago. A smaller, traveling exhibit also is available The largest ticketed event at on loan to educational organizations. the ABA Annual Meeting, this For more information, contact the ceremony has featured some of Commission directly. the country's most notable (Maryland Historical Society, Baltimore) women, such as Professor Anita F. Hill, Attorney General Janet Reno, Justice Ruth Bader Ginsburg, Professor Barbara Jordan, Professor Lani Guinier, Women's Caucus and the Honorable Bella Abzug. "In 1648, Margaret Brent requests 'a vote he Commission sponsors the and a voyce' in the Maryland Assembly. By Women's Caucus at the ABA Midyear this action [she] undoubtedly placed herself and Annual meetings, which gives women on record as the first woman in America to an opportunity to meet informally and make a stand for her sex." exchange information. - Harper's magazine, 1898 jjj ograms ana Clearinghouse: nferences: he Commission clearinghouse Commission has conducted a serves as a national resource of informa- Perspectives ty of educational programs and tion for and about women lawyers. It rences: consists primarily of articles, speeches, and reports collected from a wide vari- ety of sources. Some topics covered in "Did any woman ublished quarterly, this popular le Future of Women in the gal Profession the clearinghouse include: ever acknowledge newsletter is a unique and indispensable source of news and insights for and al World Solutions to the Mommy Affirmative action profundity in about women lawyers. It reports on ack Debate another woman's key issues such as rainmaking, going Alternative work schedules solo, salary compensation, and features creasing Women's Participation Career paths mind, or justice in profiles of women leaders in all areas ABA Sections and Divisions of practice. Child care oT Adam's Rib to L.A. Law: another woman's Gender bias e Image of Women Lawyers in heart?" $16.00 for a one-year subscription; 'evision and Film Glass ceiling $29.00 for a two-year subscription eaking the Silence: Sexual Law schools - Friedrich Nietzsche To subscribe, call the ABA Service trassment in the Legal Profession Parental leave Center at 312-988-5522. w to Talk to a Sexist Sexual harassment (Perspectives Does! e Politics of Breast Cancer Violence against women Subscribe Today) The Multicultural it For Women Only: Model Programs To obtain clearinghouse materials, Bar Associations contact the Commission directly and a Women Attorneys e Voices of Women: A Conference staff member will assist you. There is Network (MWAN) Women in Legal Education a charge for duplication and postage. The Network, a joint committee of e Critical Difference: Managing Legal American Bar Association the Commission on Women and the ent for Success in the 90's ABA Commission on Opportunities for Commission on Women Minorities in the Profession, addresses men Lawyers in Government in the Profession issues of special concern to multicultural 750 North Lake Shore Drive women lawyers. It produces programs, : Next Frontier: Bringing Effective Chicago, IL 60611 roundtables and publications to identify cual Harassment Policies to the Tel: 312-988-5715 the impact of race/ethnicity and gender Fax: 312-988-5688 on the professional development of al Workplace multicultural women lawyers. E-mail: [email protected] ce in Lawyerland: Through the (See Burdens of Both, Privileges ISS Ceiling of Neither) powerment Strategies for nority Women Lawyers he Law Male? men and Power ДТА ports and ELUSIVE EQUALITY: PATHWAYS TO LEADERSHIP: Executive Summary & An ABA Roadmap Videotapes: ablications: Recommendations Provides information on the various A summary of the previous report with the ALL IN A DAY'S WORK paths to leadership positions within the recommendations to improve gender ABA, including the Assembly, House of This video and discussion guide address E BASIC FACTS from Women atmosphere in law schools. Delegates, Board of Governors, Officers, gender bias in the legal profession. Video aw: A Look at the Numbers 38 pp. Paper 1996 PC: 4920014 Sections and Divisions, Committees and includes vignettes about gender stereotyp ick summary of the most asked $12.00 Commissions, and affiliated organizations mentoring, sexual harassment and efforts tions about statistics on women in to enhance opportunities for women, to balance work and family responsibilitie egal profession. LAWYERS AND BALANCED minorities and others. Co-sponsored with Queen's Bench in San op. Paper 1995 PC: 4920012 LIVES: A Guide to Drafting and 24 pp. Paper 1993 PC: 4920007 Francisco and produced and directed by .00 Implementing Workplace Policies $5.00 Abby Ginzberg, the video is designed for .00 with the purchase of Unfinished for Lawyers UNFINISHED BUSINESS: use in law firms, law schools, and legal siness: Overcoming the Sisyphus Factor. A manual of ways to practice law in an OVERCOMING THE SISYPHUS workplaces. environment that encourages and accommo- FACTOR - A Report on the Status 25 minutes 1993 PC: 4920006 E BURDENS OF BOTH, THE dates a balance between professional and of Women in the Legal Profession $49.95 (Includes discussion materials) VILEGES OF NEITHER personal life. The guide includes sample port of the Multicultural Women policies that will help firms formulate, draft This report documents the overt meys Network on the status of multi- and implement policies on parental leave, and subtle barriers impeding the full MARGARET BRENT WOMEN alternative work schedules and sexual integration and equal participation of LAWYERS OF ACHIEVEMENT iral women lawyers. The substance harassment. women in the law. It explores the extent AWARDS is report was gathered through the to which those barriers have or have not ysis of available statistical data, and 90 pp. Binder 1990 PC: 4920001 been eliminated since the Commission's The 1992, 1993, 1994, and 1995 Awards conversations with women of color $44.95 initial 1988 report. ceremonies captured on video. undtable discussions and conferences around the country. LAWYERS AND BALANCED 28 pp. Paper 1995 PC: 4920013 2 hours Video and transcript: $29.95 Paper LIVES: A Guide to Drafting and $15.00 Transcript only: $5.00 pp. 1994 PC: 4520003 Implementing Sexual Harassment [For Award ceremony videos, contact the 0.00 UNFINISHED BUSINESS & Policies for Lawyers THE BASIC FACTS Commission on Women in the Profession directly at Tel: 312-988-5715 RECTORY OF ASSOCIATIONS Provides legal employers with a quick and A package deal that combines both or Fax: 312-988-5688 / R WOMEN LAWYERS inexpensive reference that contains sample reports for a discounted price. mprehensive directory containing over sexual harassment policies. (Chapter 28 pp. & 6 pp. Paper 1995 istings for national, state, and local excerpted from above manual.) To order reports. publications and PC: 492011 $19.00 videotapes, contact: en's bar associations and multicultural 37 pp. Paper 1990 PC: 4920004 en's bar associations. This year, the $15.00 WOMEN IN THE LAW: American Bar Association :tory has been expanded to include state A Look at the Numbers Publication Orders local bar associations that have a com- OPTIONS AND OBSTACLES: Full report of a survey on statistics cur- P.O. Box 10892 ee, section, commission, etc. for women A Survey of the Studies of the rently available documenting women's Chicago, IL 60610-0892 ers and/or women's issues. Updated Careers of Women Lawyers role in all sectors of the legal profession. Tel: 312-988-5522 ially in October. This report identifies barriers that inhibit 67 pp. Paper 1995 PC: 4920010 Fax: 312-988-5568 pp. Paper PC: 4920008 women's career and advancement, and $15.00 E-mail: [email protected] '0.00 points out areas where gathering more information would assist the profession [See order form in back JSIVE EQUALITY: in understanding and eliminating those Experiences of Women in barriers. This survey is derived from an of brochure] al Education analysis of exhaustive review of state bar report distills findings from national surveys, gender bias surveys, satisfaction ings at which students, administrators, surveys, law review articles, doctoral dissertations and books. Ity and deans provided their perspec- on gender influences in law schools. 60 pp. Paper 1994 PC: 4920009 IS is on concrete recommendations to $10.00 rove the gender atmosphere for all Note: Discounts for bulk orders icipants in the education process. are available. Ask your service ) pp. Paper 1996 PC: 4920015 representative. ДА 8.00 ree Publications: Report and Recommendation on Order Form Sexual Harassment (For free publications, contact the Commission. Tel: 312-988-5715 In 1992, the ABA House of Delegates or Fax: 312-988-5688) al IX Report Card adopted a resolution recognizing that ry year the Commission issues a report sexual harassment is a serious problem NAME OF PUBLICATION PRODUCT CODE (PC) QUANTITY PRICE TOTAL 1 that provides statistics on women's in all workplace settings, including the olvement in the ABA and measures legal profession. men's progress in attaining leadership itions in ABA sections and divisions Report and Recommendation on I in ABA governance. Discriminatory Clubs In 1993, the ABA Board of Governors men and the ABA: adopted a resolution that it is inappropri- History of Women's Involvement ate for an officer of the Association or a the American Bar Association, member of the Board of Governors to be 5-1989 a member of a club which discriminates depth research report on the historical on the basis of race, color, sex, religion, olvement of women in the ABA over 25 sexual orientation, disability or national rs; evaluates the status of women with- origin. ill areas of the Association. Report and Recommendation on *Handling **Sales Tax Subtotal $ tes for Women: An Historical Multicultural Women Order Subtotal Residents of: neline for a 75th Anniversary In 1995, the ABA House of Delegates $2.00 9.99 add $2.00 D.C. add 5.75% Handling* $10.00 24.99 add $3.95 Illinois add 8.75% lebration adopted a resolution that it opposes bias $25.00 49.99 add $4.95 Indiana add 5% Sales tax" (on subtotal only) and discrimination based on race and meline covering the main events of the $50.00 + add $5.95 Maryland add 5% man suffrage movement with a short gender that prevent multicultural women Total s tion focusing on the suffrage movement from gaining full and equal participation llinois. This booklet was produced for in the legal profession, and actively event held at the 1995 ABA Annual supports efforts to eradicate such bias Payment Method and discrimination. eting in Chicago that featured a re- I've enclosed a check or money order made payable to the ctment of a 1920's suffrage rally. American Bar Association (must be in U.S. currency only) For free publications or more Visa MasterCard American Express port and Recommendation information, contact the Credit Card No. Exp. Date the Status of Women in the Commission directly: gal Profession Signature American Bar Association 988, the ABA House of Delegates Commission on Women in the Profession Print Name pted a resolution recognizing the 750 North Lake Shore Drive sistence of overt and subtle barriers to Chicago, IL 60611 Firm/Company men's full integration and equal partici- Tel: 312-988-5715 Street Address ion in the work, responsibilities and (No P.O. Boxes please) Fax: 312-988-5688 ards of the profession. City State Zip E-mail: [email protected] Tel. port and Recommendation (A phone number will speed your order) Note: A $3.95 shipping and handling Gender Neutral Language charge will be added to all orders. Mail order to: 1989, the ABA House of Delegates American Bar Association pted a resolution that the ABA and Publications Orders h of its entities should use gender- P.O. Box 10892 itral language in all documents Chicago, IL 60610-0892 ablishing policy and procedure. To Order By Telephone: 312-988-5522 To Fax Your Order: 312-988-5568 Please allow 7-10 days for delivery AI Recycled paper CWPBR American Bar Association Presents: THE GREATEST LAW SCHOOL LECTURES YOU NEVER HEARD STARRING: MICHAEL TIGAR JESSE McCRARY ALEX SANDERS Friday, August 2 Saturday, August 3 Monday, August 5 8:30 a.m. to 9:30 a.m. 8:30 a.m. to 9:30 a.m. 8:30 a.m. to 9:30 a.m. Walt Disney World Swan Walt Disney World Swan Walt Disney World Swan Pelican Room Pelican Room Pelican Room Ground Level Ground Level Ground Level Alex Sanders Michael Tigar Jesse McCrary President, College of Charleston Lead Attorney Representing Terry Nichols Litigator and Distinguished Orator in the Oklahoma City Bombing "Real Life Case Studies in "Justice, or 'Just Us'? "Lawyers: The Salt Political Correctness" The Tension Between of Democracy" or, Equality and Freedom" "Are Real Lawyers Sensitive?" Alex Sanders is an extraordinarily Is there a more erudite Jesse McCrary provides gifted speaker with a powerful speaker? One who can an inspirational rallying message-an absolute 'must' to hear mix Cicero and Li'l Abner response to those who by everyone who respects the law. in the same paragraph. would ridicule and Jack Dunbar As corny as Jerry Jeff Walker trivialize the role of Oxford, Mississippi and as profound as John lawyers in our society. Stuart Mill. He'll captivate Wayne J. Positan And the winner is... you; he'll flatter you; he'll Roseland, New Jersey Alex Sanders-for best actor in a leading role in legal and judicial persuade you; and you'll laugh during the entire A feel bad-feel good kind education and for his powerful but of speaker. Jesse McCrary humorous insight into the law and performance. reminds us of the real its role in today's society. Larry Fox reason we became lawyers. Philadelphia, Pennsylvania Judge Deannell Reece Tacha Nadia Mykytiuk Jannetta Lawrence, Kansas Philadelphia, Pennsylvania freedom JUSTICE liberty Without Lawyers They're Only Words. American Bar Association Annual Meeting August 1-7, 1996 Orlando, Florida Inform if Registration Form AA American Bar Association Dear Colleague: It's great fun for me to invite you to attend the 1996 Annual Meeting of the American Bar Association to be held August 1 - 7, the first ABA Annual Meeting ever to be held at Disney World in Orlando, Florida. The theme for the meeting, "Freedom. Justice. Liberty. Without Lawyers, They're Only Words." was selected to remind each of us of the absolutely critical role we, as lawyers, play in our society. Our goal is to ensure that you leave Orlando enlightened and inspired and with renewed pride in being a lawyer. The Association's Annual Meeting is a fascinating, stimulating and inspiring event, and we are working to make the 1996 meeting the best ever. You will have numerous opportunities to hear provocative and inspiring speakers, explore emerging legal issues and to engage in open debate about matters affecting our profession and our system of justice. The expansive programming at an Annual Meeting provides enough CLE to satisfy up to a year's worth of credit for most states. You will also have time to establish new friendships, rekindle old ones and enjoy time with your families. I strongly encourage you to make this a family affair, not only to take advantage of Disney's many attrac- tions. but $0 your children can learn more about what mom or dad does as a lawyer. With more than 2,500 meetings, seminars and special events occurring over a seven-day period, I realize that the Annual Meeting can be an overwhelming experience. A number of changes will be implemented at the 1996 meeting to make the experience pleasurable for newcomers as well as veterans. There will be an insider's guide, a revamped, user-friendly Annual Meeting Program Book, and a centrally located section information center. We will have program tracks for lawyers in small firms and solo practice. You can take advantage of a substantial discount and increase your chances of getting your first choice of accommodations by registering for the meeting by May 31. The attached registration form contains further information. If you have any questions, please call the ABA Meetings and Travel Department at 312/988-5870. The Orlando Advisory and Planning Committees and the whole ABA are working to make the Orlando meeting the most fun and the most inspiring. I'll look for each of you there! 1 Rem Roberta Cooper Ramo ORLANDO9 JUSTIFICERTY The ABA Annual Meeting August 1 - August 7 The 118th Annual Meeting: See the ABA in a Whole New Way! WITHOUT LAWYERS THEY RE ONLY WORDS For the first time in its 118-year history, the ABA Annual Meeting, August 1 You'll want to leave your business suits at home. Pack your resort clothes through August 7, 1996, will be held in Orlando. Organizers are busy and take advantage of the Florida sunshine while you devour a whole planning an event that is truly spectacular. year's worth of CLE classes in just one week! This "I strongly encourage you to make this benefit alone can more than pay for your registration. " We are working to make the 1996 meeting the best a family affair not only to take advantage ever. You will have numerous opportunities to hear of Orlando's many attractions, but so Also, in 1996 we designed Program Tracks to steer you provocative and inspiring speakers, explore emerging toward the vital sessions related to your specialty. legal issues and to engage in open debate about matters your children can leam more about This essential planning tool will help you to get the affecting our profession and our system of justice," what mom or dad does as a lawyer." most out of the Annual Meeting. says Roberta Cooper Ramo, President of the American ABA President Roberta Cooper Ramo Bar Association. The Section Forum is another Annual Meeting first. At the Section Forum you'll learn about Annual Meeting There are many other "firsts" in 1996 that make this activities and programs and how Section membership Annual Meeting unlike any of the others. For the first will benefit your practice. time ever, the ABA Annual Meeting not only welcomes your entire family but has special events planned with As a lawyer, you play a critical role in protecting the them in mind. And there is no better place to host world's greatest democracy. The theme for the 1996 the gathering than in Orlando, a family's dream Annual Meeting, "Freedom, Justice, Liberty. Without Lawyers, They're vacation destination. Only Words," reminds us of that role. With more than 2,500 meetings, programs and events from which to choose, you'll leave Orlando with a Your family can learn more about your career and enjoy all of the great renewed dedication to the profession. summertime fun that abounds in Orlando - The WALT DISNEY WORLD® Resort, Universal Studios, Sea World and many other exciting attractions. Come to Orlando '96. You'll see the ABA in a whole new way! Disney Discounts Discover the magic of Walt Disney World in three spectacular theme parks July 1. You'll enjoy unlimited visits to and an entire island of nighttime entertainment. During the meeting, MAGIC KINGDOM Park', Epcot*, and special discount Convention Passports are available for ABA members Disney-MGM Studios. and their families. Save time and money when you order your passports by mail. Transportation is available between all ABA hotels and the Disney Theme Once your registration is confirmed, a ticket order form will be mailed to Parks. See page 6 for more exciting news about Disney attractions and you. Special discounted tickets are available only by mail or on-site in the discount Convention Passport rates. ABA Registration Area. For the best rates, order by mail before Monday, What's In It For Me? You'll get the latest news related to your profession, build your career, Orlando '96 is an incredibly convenient - enjoy networking opportunities, discuss compelling issues and hear the and fun - way to access thousands of programs, opinions of some of the most influential legal minds all the while soaking events and classes. Whatever your specialty, up the sun and embracing the magic of Orlando, Florida. you'll find dozens of choices to suit your needs. It could be overwhelming if this At just $300 for ABA members who register before Friday, May 31, you'll year's organizers weren't working overtime find the Annual Meeting an incredible value. Plus, there are significant dis- to make sure that you won't have to Make it "user-friendly" and mon meaningful. that was the Presidential counts for young lawyers, law students and others. In many states, one challenge for 1996. We did Bu: don't take our word for it. Come see for year of mandatory CLE sessions would cost far more. yourself you'll be glad you did Inside AA ON NET The Early Bird THE Gets The Savings! Presidential Showcase program to feature Johnnie Cochran Details on Attorney General Janet Reno luncheon in Big Names Pg. 3. Need to know more about the Register by May 31, 1996 Find out how to Get on the Fast Track ABA An nual M eeting in Orl ando? Pg. 4 For the most up-to-date information, visit our and $AVE! Lawyers Have Heart 5K Pg. 6 new World Wide Web site on the Internet: Registration Form Section Forum Pg. 9 http//www.abanet.org. Enclosed Registration Form attached Pg. 11 Greatest Law School Lectures You Never Heard Another ABA Annual Meeting first, this provocative morning lecture On the final day of the series, Monday, series will feature three of the most accomplished speakers you'll ever August 5, Jesse McCrary, renowned orator have the pleasure to hear. On Friday, August 2, the series presents and lively litigator will present an inspirational Alex Sanders, president of the College of Charleston. Michael Tigar, lecture. Those early morning law school lead attorney representing Terry Nichols in the Oklahoma City bombing, classes were never like this! Jesse will join us on Saturday, August 3. McCrary Presidential Showcase Programs Where will you be when you feel that first rush of adrenaline? Simpson Aftershock: Seismic Changes for Justice? Quite possibly, you'll be enjoying one of the seven extraordinary Primary sponsor: Section of Litigation Presidential Showcase Programs. Sunday, August 4, 2:00 PM to 5:00 PM This year, you'll hear the most riveting speakers on historical What are the long-term implications of the O.J. Simpson trial? Don't and current issues that have relevance for today's increasingly miss the exclusive opportunity to hear what Johnnie Cochran, Professor challenging legal environment. Arthur Miller and other experts have to say about the impact of the trial on issues such as jury selection, public perception of lawyers and judges and the role of the media. America: What the Republic Will Look Like in the 21st Century Underaged/Overexposed: Modern Media and America's Children Primary sponsor: Government and Public Sector Lawyers Division Friday, August 2, 2:00 PM to 5:00 PM Primary sponsor: Forum on Communications Law/Young Lawyers Division Monday, August 5, 9:00 AM to noon Join Judge Abner J. Mikva and futurist James Daitor to learn how the legal profession will function beyond the year 2000 amidst profound Each day, countless numbers of American children are exposed to sex demographic, technological and environmental change. and violence - through the media. Learn how to help your family critically appraise what they view on television by participating in a viewing workshop. Then, learn from the experts the latest trends to The Magical World of Client Relations- regulate today's media. Success Stories from Service Leaders Primary sponsor: Law Practice Management Section It's Everyone's Business: Saturday, August 3, 9:00 AM to noon The Complete Community Response to Discover from service industry leaders like Disney and Ritz-Carlton how Domestic Violence to create customer service magic in your law office. Innovative firms, Primary sponsor: Commission on Domestic Violence small law offices and court systems from across the country will show Monday, August 5, 2:00 PM to 4:00 PM you how they have made it a reality. Dynamic community solutions are being developed in the field of domestic violence. Join us for a comprehensive overview and learn how The Trial of Jesse James- lawyers can form partnerships with other professionals to assist victims. High Tech Meets the Wild West Primary sponsors: Law Practice Management Section/ Trial of the Century: Sacco and Vanzetti General Practice Section Primary sponsor: Section of Litigation Sunday, August 4, 9:00 AM to noon Part I: Monday, August 5, 1:15 PM to 5:00 PM Did Jesse James fake his own death in 1882? This fascinating mock trial Part II: Tuesday, August 6, 8:30 AM to noon will show how modern technology and forensic science techniques are Re-live this infamous 1921 trial as it's reenacted by renowned trial counsel revolutionizing today's trials and our understanding of the past. Your and analyzed by a distinguished panel giving today's perspective on the kids will love this one! tactics, techniques and strategies used in the original trial. Annual Meeting Highlights Thursday, August 1 Sunday, August 4 Registration Opens 12:00 noon, Walt Disney World Dolphin Prayer Breakfast, 8:00 AM, Walt Disney World Dolphin ABA EXPO Opens 12:00 noon, Walt Disney World Dolphin Red Mass, 9:30 AM, Buena Vista Palace Hotel Saturday, August 3 Monday, August 5 Pro-Bono Luncheon, 12:00 noon, Walt Disney World Dolphin Section Forum, 9:00 AM, Walt Disney World Dolphin House of Delegates, 2:00 PM, Walt Disney World Dolphin lewish Sabbath Service, 9:00 AM, Walt Disney World Dolphin Opening Assembly, 5:30 PM, Walt Disney World Swan Tuesday, August 6 President's Reception, 7:00 PM, Walt Disney World Dolphin House of Delegates, 9:00 AM, Walt Disney World Dolphin Gavel Awards Luncheon, 12:00 noon, Walt Disney World Dolphin ABA EXPO is an exclusive opportunity publishing nearly everything you need to invigorate your practice. ABA to see demonstrations of the latest legal Visit ABA EXPO in the exhibit hall of the Walt Disney World Dolphin products and services including cutting Thursday, August 1 through Sunday, August 4. Hours vary daily edge communications equipment, so check the ABA Information Desks conveniently located in the hotel for computer hardware and software, office EXPO more specific information. ABA staff will be on hand in the ABA-at-a- equipment and appointments, and Glance area to show you how your ABA membership can work for you. receive valuable information on Here you will also find information regarding the latest programs, continuing legal education, insurance products and services available only to ABA members. 2 and financial services, and legal Big Names Abound in Orlando '96 We have dynamic speakers and celebrity personalities already lined up for this year's Annual Meeting, plus more surprises to be announced. The Florida Bar's Government Lawyer Section will present a special Side Lifetime Achievement Award to U.S. Attorney General Janet Reno. The luncheon is hosted by the ABA Government and Public Sector Lawyers Division and will be held on Saturday, August 3, at 12 noon, at the Hilton at Walt Disney World Village. Tickets are $40 and may be ordered in advance by calling 1-800-342-8060, ext. 5625. Or you can purchase tickets on-site at the Registration Desk at the Walt Disney World Dolphin. Seats are limited so don't delay. BAR Associate Supreme Court Justice John Paul Stevens is the keynote speaker for the Opening Assembly on Saturday, August 3, at the Walt Disney World Swan. The President's Reception following the Opening Assembly will be a gala Important Deadlines: extravaganza with entertainment, dancing, food and activities for everyone. Children are more than welcome! In order to receive hotel accommodations, you must register by Monday, July 1, 1996. Meet Johnnie Cochran, sponsored by the To appear in the Advance Registration Section of Litigation, when he participates U.S. List, I.T.S. must receive your registration in the Presidential Showcase Program, Atty. General form by the deadline which is Simpson Aftershock: Janet Reno 5 PM CDT on Wednesday, July 10. Seismic Changes for Justice? After that time, you may register on-site beginning Thursday, August 1 at the The Senior Lawyers Division Walt Disney World Dolphin. presents Dr. Jane Goodall, renowned zoologist. Early Bird Registration: You must register Gene Siskel, famous film critic, by May 31 to receive the Early Bird will speak at the discount. Don't delay. Send in your Gavel Awards Luncheon. registration form today! Michael Tigar, lead attorney representing Terry Nichols in the Weather and Dress: Oklahoma City bombing, hosts the second session of Sunny and warm is always the forecast The Greatest Law School Lectures for balmy Orlando, Florida. High You Never Heard. temperatures range from the upper 80s Johnnie Cochran to mid 90s with lows in the upper 60s to Deputy Attorney General mid 70s. The climate is relatively humid Jamie Gorelick and with frequent afternoon thunder showers. Associate Supreme Court Justice Stephen Breyer have been Break out the shorts and summer attire. invited by the Criminal Justice No business suits allowed! Pack clothes Section to participate in a CLE that are casual, lightweight and session on the 30th Anniversary Dr. Jane Goodall comfortable. You may want to include a of the Miranda decision. sweater or lightweight jacket since air-conditioning can make some indoor The Central and East European facilities a bit cool. Coats and ties for men Law Initiative (CEELI) will hold are not required for most restaurants, its third annual luncheon at the although sports jackets are popular for Walt Disney World Dolphin on evening dining. Saturday, August 3. Ambassador Madeleine K. Albright, Most of the hotels have fitness centers so United States Permanent include your workout gear. Bring a hat Representative to the United and some sunscreen to ward off those Nations, will deliver the damaging UV rays. And, finally don't keynote address. forget your sunglasses and comfortable Elie Wiesel, Nobel Peace Prize walking shoes to wear while exploring the winner, Holocaust survivor and endless miles of theme parks. one of the world's greatest Gene Siskel advocates for freedom will speak at the Prayer Breakfast. Insider's Guide: The Sixth Annual Margaret Brent Register and you'll receive a free copy of Women Lawyers of Achievement the Insider's Guide. It's packed with Awards Luncheon will be Sunday, time-saving tips and everything you need to know to make the most of the Annual August 4, at the Walt Disney World Dolphin. The keynote speaker Meeting experience-whether you're a first-timer or a veteran attendee. will be Madeleine K. Albright, Madelcine K. Albright United States l'ermanent Representative to the United Nations. 3 1996 ANNUAL MEETING PROGRAM TRACKS Get on the Fast Track The Solo Track will steer the The Corporate Counsel Track will Finally, there's the Technology Track. Where did everybody go? If you want to independent practitioner toward guide you to hundreds of resourceful and Here you II find innovative computer know where to go and what to do next, get programs that help grow your informative programs. These programs solutions for office and courtroom, plus on Track. At the ABA Annual Meeting in business through effective marketing, explore the latest developments in corporate participate in hands-on demonstrations of Orlando, you won't have to miss a single breakthrough office automation, law and its affect on business and the software that will propel you into the essential program related to your specialty... efficient practice management and corporations. Focusing on the needs of next century. You'll learn how to use Program Tracks are daily guides that have new billing alternatives. Designed corporate counsel and private attorneys today's technology - including the Internet been developed especially for the Solo for solos and small firm lawyers, working with in-house counsel, this track to provide high quality services for your Practitioner, Corporate Counsel and these substantive topics can be provides sessions on critical current issues clientsand gain the competitive advantage... "Techie." It's a necessary planning tool that applied to lawyers in any size firm. and ethical concerns, as well. in all types of firms. helps you use your time to best advantage. SOLO & CORPORATE SOLO & CORPORATE SMALL FIRM COUNSEL TECHNOLOGY SMALL FIRM COUNSEL TECHNOLOGY THURSDAY, AUGUST 1 SATURDAY, AUGUST 3 (Continued) 12:00 Noon to ABA: Internet Center 2:00 p.m. to "Hi-Ho, Where "Ethical Considerations 5:00 p.m. 5:00 p.m. Will Our Relationship Go? Arising from Defense of Pressures on the Tri- an Insured by In-House 3:00 p.m. to "The Law After O.J.: Partite Relationship or Captive Counsel" 5:00 p.m. Technology in the Courtroom" 3:00 p.m. to "Structuring and Structuring and FRIDAY, AUGUST 2 6:00 p.m. Negotiating Computer Negotiating Computer and Software Deals; and Software Deals; New Problems and New Problems and 8:30 a.m. to The Practical Law Solutions" Solutions' 10:30 a.m. Practice: Problems and Solutions for the Minority Solo and Small Firm 3:30 p.m. to "Impact of the Service's "Use of Technology in Practitioner" 5:00 p.m. Budgetary Limitations" Tax Litigation" "Tax Apportionment 10:00 a.m. to "Opportunities for How to Allocate the 11:45 a.m. Minority In-House Estate Tax Burden" Counsel" 10:00 a.m. to Second Annual Supreme "International Real 12:00 Noon Court Symposium Estate Investment" 3:30 p.m. to "Child Support and "Current Partnership 10:00 a.m. to ABA Internet Center 5:30 p.m. Income Tax Rules" Planning Techniques" 6:00 p.m. 2:00 p.m. to "Hazards of the Job: "A Winning Combination: "Electronic Commerce: 4:00 p.m. How to Recognize Legal You and Your Marketing Finance and Fraud on the SUNDAY, AUGUST 4 Malpractice Pitfalls and Effort" Information Purchase Insurance to Superhighway" 8:00 a.m. to "Basic National Labor "Basic National Labor Cover Them" 10:00 a.m. Relations Act Practice" Relations Act Practice" 3:00 p.m. to "Hot Issues in Federal "The Mouse That Roared: 8:00 a.m. to "The Internet Lawyer: 5:00 p.m. Sentencing" The Technologically 12:00 Noon Virtual Legality 4:00 p.m. to Challenged Judge' Technological 6:00 p.m. Acrobatics While Usin The Net SATURDAY, AUGUST 3 8:30 a.m. to "Electronic Commerce "Electronic Commerce 'Electronic Commerce 11:30 a.m. Primer" Primer" Primer" 8:00 a.m. to 'Guiding the Solo & 11:30 a.m. Small Practice into the 9:00 a.m. to "Trademarks and Patents "Trademarks and Patents 21st Century 11:00 a.m. for the Non-Specialist" for the Non-Specialist" 9:00 a.m. to "The Law After O.J.: "The Law After O.J.: "Preparing for Crisis" 11:00 a.m. The Power of the Pen The Power of the Pen - How to be a Media How to be a Media "The Law After O.J.: "The Law After O.J.: Darling" Darling" Domestic Violence" Domestic Violence" "Can a Tax Attorney 9:00 a.m. to "Hot Tips from the "Ethical Issues in Ethical Issues n Represent Both Husband 12:00 Noon Experts" Representing High Repre senting High and Wife?" Technology Companies" Technology Companies "The Lawyers Role in 9:00 a.m. to "Making Rain: Business "A Corporate Dilemma: Preventing Liability" 12:00 Noon Development and Cooperation or 9:00 a.m. to ABA Internet Center Professionalism" Capitulation Under the 4:00 p.m. Sentencing Guidelines - "Ethical Responsibilities An Interactive Seminar" 12:00 Noon "Hollywood Goes Digital: "Hollywood Goes Digital: of Lawyers Who to 3:00 p.m. The Making of a The Making of a Represent Joint Filers in Multimedia Production" Multimedia Production" Cases that may present an Innocent Spouse 2:00 p.m. to "Miranda at 30: Defense" 4:00 p.m. Still Good After All These Years?" "Get a Life Is a Home 9:30 a.m. to "Breaking Up Is Hard To Office the Answer?" 12:00 Noon Do: Damage Control When Key People Leave "Alternative Billing that "Alternative Billing that and/or the Law Firm Clients Rush 10 Dav" Clients Rush to Pay" Splits Up" 4 FIRST LADY HILLARY RODHAM CLINTON REMARKS FOR AMERICAN BAR ASSOCIATION ANNUAL CONVENTION YOUNG LAWYERS DIVISION DINNER ORLANDO, FLORIDA AUGUST 2, 1996 [Acknowledgments: Roberta Ramo, ABA president; Raquel Rodriguez, chair of Young Lawyers Division; Bob Geltzer, event coordinator] Thank you. I am very honored to receive this award and to be counted among such a distinguished group of past recipients and lawyers. You know, after reading Art Buchwald's syndicated column the other day, I was a little worried about coming here and being seen with so many lawyers. Mr. Buchwald says that the one reason I've been getting so much criticism these days isn't because I'm Bill Clinton's wife, or a Democrat, or a Chicago Cubs fan; it's because I'm a lawyer. But seriously, I am delighted that I could join all of you - - the Fellows, members, and supporters of the Young Lawyers Division -- tonight. I want to thank you for the passion and commitment you bring to serving our communities and to helping all members of our profession fulfill our most important purpose -- that of making our society more just, and justice more accessible to all our citizens. Through such efforts as the Affiliate Outreach Project, the Greater Access and Assistance Project, and the Disaster Legal Services Committee, you have helped countless Americans resolve disputes, overcome problems large and small, and in turn, gain a greater respect for our country's system of justice. I want especially to thank you for your continuing commitment to the Center on Children and the Law. I am convinced that the persistent and heartbreaking problems of child abuse, neglect, and foster care must be addressed seriously by lawyers. It can't be left to overburdened social workers who are trying to do their best under very tough circumstances. Lawyers can and should be leaders in the effort to develop laws and legal precedents that protect children and strengthen families. As all of you here tonight have already found out, the most valuable reward of a Juris Doctor isn't necessarily a six-figure salary or a precise knowledge of the tax code. Rather it's the power to serve others in our community, to help those who have no voice, who do not have the means or the skills to seek justice for themselves and for their families. 1 "Freedom. Justice. Liberty. Without lawyers they're only words" is the theme you are exploring and celebrating at this year's convention. For millions of Americans, "freedom, justice, and liberty" will certainly mean little if Congress succeeds in its short-sighted crusade to destroy a once-bipartisan, 22-year old American institution, the Legal Services Corporation. From the very beginning, the Legal Services Corporation has had to weather many challenges to its existence. I know from my own experience. I was just one year out of law school when President Nixon signed the bipartisan bill creating the Legal Services Corporation in 1974. My service on the House Judiciary Committee's impeachment inquiry into President Nixon was ending and I needed to find a new job. I decided to call the dean of the law school at the University of Arkansas -- where a young man I knew from Yale was also teaching -- and asked him if his long- standing offer of a professorship was still open. The dean said yes. But when I asked him what he wanted me to teach, he answered, "I don't know. I'll tell you when you get here.' Two weeks later, I arrived in a place where I had never lived to take a job I knew nothing about. [Love can do strange things to a person.] When I went to see the dean, he said, "Well I've given this some thought. I want you to teach criminal law. I want you to run the prison projects at the state and federal prisons. I want you to teach trial advocacy. Oh, and by the way, I want you to set up and run the new legal aid clinic." I was already feeling a little overwhelmed when I met a prominent judge at the local bar association's welcoming cocktail party for the law faculty. The president of the bar introduced me to the judge saying, "Judge, this is the new lady law professor. She is going to teach criminal law and run the legal aid clinic." And this tall, distinguished man with a handlebar gray mustache looked down at me and said, "Well, I don't have any use for lady law professors or legal aid clinics, but we're glad to have you here anyway. I didn't have too much time to let the doubts about my career choice chase me out of Arkansas because classes started the next day. And I went to work -- desperately trying to stay at least one class ahead of my students, furiously filling out all the paperwork to create the legal aid clinic, and recruiting students and volunteers to help. I believed firmly that having the opportunity to represent real-life clients with real problems would be an important part of my students' education. [Some experiences you used in SMU speech: At Yale, I represented a poor foster mother who was trying 2 to keep the young girl she had raised for four years after a wealthier couple offered to adopt her. In Arkansas, legal aid represented a young mother of eight who wanted to divorce her coal miner husband. After scouring courthouse files, we found out she was never legally married to begin with.] As a former legal aid lawyer and a former chair of the Legal Services Corporation, I've met many more people like that judge over the past 22 years. But despite such opposition, legal aid societies have become a part of American life. Last year, legal services programs throughout the country helped five million people who otherwise could not afford legal assistance with evictions, divorces, and child support collections. As most of you know and have first-hand experience with -- the vast majority of these cases require little more than basic advice, a referral, a patient ear, a letter, or a phone call to solve the problem. Very few cases need to be resolved in the courts. As President Nixon said when he first proposed the legal services legislation, "These are small claims in the Nation's eye, but they loom large in the hearts and lives of poor Americans." As you know, the very survival of the Legal Services Corporation hangs in the balance. Despite strong efforts by the Administration, the ABA, and countless others around the country, Congress slashed funding for Legal Services by one third to $278 million in the FY '96 budget. Congress also tied the hands of legal aid lawyers by banning them from filing class action suits. And even more troubling, the same Congress that touts less federal involvement in local programs placed many restrictions on the funds that legal aid programs are allowed to raise from private sources. A quarter of Legal Services' professional staff have left, more than 100 offices have closed, and thousands of low-income Americans have been denied access to our legal system. The magnitude of the problem is apparent in the area of domestic abuse. According to the Legal Services Corporation, one in every three cases they handle is a family law case. 59,000 of the cases handled in 1995 were attempts by poor women to get legal protection from abusive husbands. About 9,300 of them involved neglected and abused children. As the President said in California last week, "If we want to protect people against domestic violence, we must not destroy the Legal Services Corporation. We ought to let legal aid lawyers do their jobs so they can help the rest of us protect people." Congressional opponents are trying once again to eliminate 3 the Legal Services Corporation. The House Appropriations Committee voted to slash funding in the new budget by another $100 million to $178 million -- almost $200 million less than the President's budget request of $340 million. But there are some on both sides of the aisle who are working to counter this assault. Last month, the House, in a remarkable vote, passed a bipartisan amendment to restore most of that funding to $250 million. Yesterday, in a letter to the Senate, the Administration once again strongly urged the Committee to provide $340 million for Legal Services and once again, expressed serious concerns about the existing restrictions. The Senate Appropriations Committee approved $288 million. The House and Senate levels will have to be reconciled. Hopefully, Congress will at least hold the line on any further debilitating cuts from current levels while we await a time when a greater commitment to legal aid and "justice for all" will be possible. I want to thank the ABA for your leadership in this effort to save Legal Services. And I want to thank all the private law firms, local bar associations and individual lawyers for stepping in to fill at least some of the void created by the drastic cuts. As you already know, pro-bono hours and donations have long been part of the legal services equation. There are always more people than can be helped. The effort to undermine legal services hasn't just hurt thousands of poor Americans with legal troubles or the hundreds of dedicated lawyers who have lost jobs they loved. It has harmed our society's fundamental commitment to justice, to law, and to progress. I believe that our society and our profession became truer to our fundamental values with the founding of the Legal Services Corporation. The thousands of legal aid lawyers and the many more thousands of private lawyers who donate time to legal aid work are the heart and soul of our profession. They are helping our country uphold the one true contract individuals have with America -- the Constitution, and specifically its promise of justice for all. As the President said in a proclamation for National Legal Services Week: "The very nature of justice demands that it be available to all. True justice cannot be rationed -- it cannot be accorded to some while others are denied the full benefit of their rights. Our founders understood that privilege and responsibility are inextricably linked. The words 'Equal Justice under the Law,' inscribed over the portal of our highest court, represent a solemn promise made to every American." Each time a legal aid lawyer helps a mother petition for 4 child support, or forces a nursing home to live up to its obligations to its elderly residents, this country and our profession move closer to our ideals. I'm not asking all of you to go out and become legal aid lawyers. I'm just asking that all of us consider what it means to be a lawyer today and what it would mean to our profession if none of us were able to be legal aid lawyers. A career in the law should mean a life of service and a commitment to justice, whether it is in a legal aid office, a classroom, or a law firm. As the Fellows and former "Young Lawyers" in this room will agree, one of the wonderful things about growing older is discovering that the struggle for progress is often as important, if not more so, than the end result. At some point, however idealistic we may be or have been, we accept that the principles of fairness, justice, and equality often become flawed in their application. We accept that we will not solve all the problems we see in our lifetime. But we keep striving, we keep struggling for these ideals that we believe must be kept alive. We remain committed to the promise of a better future. As so many of you already know, and as many of you are learning, the cause of justice is worth a lifelong struggle. I commend you for being willing, in times that are not always favorable to lawyers, to play leadership roles in a profession that is so essential to the continuing vitality of our country's cherished ideals. ### 5 unless * Prayon Quato start or legal as acuord ndp.4 THE WHITE HOUSE stoff Office of the Press Secretary For Immediate Release March 5, 1996 REMARKS BY FIRST LADY HILLARY RODHAM CLINTON AT SOUTHERN METHODIST UNIVERSITY DALLAS, TEXAS MRS. CLINTON: This lecture which I'm very honored to give. I want to thank my friend Ms. Branson and her husband Frank for their encouragement for me to do this. And it is a great pleasure. I had a wonderful day in Texas. I started in Corpus Christi visiting a school, talking with parents and teachers and students and community leaders about what they are doing to help students, particularly from poor backgrounds, to get the kind of help that they need. I went from there to Uvalde to a great gathering at the former home and now museum of John Nance Garner. I learned that that is a part of Texas and a part of America that produces more mohair than any other. I love to saddle around learning such things. It gives me great pleasure to see the extraordinary diversity in our country and then be able to come here to SMU, an institution that I admire and have followed with great interest for many years. This is a real opportunity for me to reflect on what a legal education and a career in the law has meant in my own life, and not only could mean, but I assume will mean, in the lives of many of the students here and will find some precedence in the lives and careers of those who are teachers and practitioners as well. It is also an opportunity for me to think aloud with you about the ways a career in the law can fulfill its most important purpose to be an instrument for promoting the common good, a vehicle for making our society a more just one for all of its citizens. I started law school, as the dean has told you, in 1969. And that was a time of great political and social ferment. Many of us in law school at that time saw the law as an avenue for positive social change for helping the vulnerable, the weak, the poor, for protecting and advancing the Constitution and the Bill of Rights. Then, as now, there were many ways to reach one's goals as a lawyer. And those ways have not diminished but, in fact, expanded in the years since. One could become an advocate, a legislator, a teacher, a litigator, a business counsel, a prosecutor, a public defender -- all the many ways that people with legal training find to fulfill that training in a positive, productive contribution to society. I'm sure all these and many other choices will be reflected in the careers chosen by those who graduate from SMU. But being here on a law school campus, I'm reminded particularly of my experiences as a law professor at the University of Arkansas. are reflected in The young Invrgus Sutz as may are Then one the propersion today I came to that university in the summer of 1974. I had been working on behalf of the House Judiciary Committee. And its impeachment inquiry into President Nixon. That ended with the president's resignation on August 8, and I needed to find a job. I had visited Arkansas because I had met a young man at Yale who was from Arkansas and, literally, that's all he ever talked about was Arkansas. And, when he graduated in 1973, he knew very well what he wanted to do, and that was to go home to teach at the University and see whether or not a legal opportunity existed for him to use his legal career in public service. When I visited him in Arkansas, I met the dean of the law school. And in a casual conversation at dinner one night, the dean said, "You know, if you ever want to teach, give me a call." Life was a lot simpler in those days. So, after President Nixon's resignation, I, with some trepidation, picked up the phone and called the then dean. I said, "Remember when you said 'if I ever wanted to teach to give you a call ?' Well, I have an interest in teaching and an interest in living in Arkansas to see what it is like. Is that offer still good?" He said, "Oh, absolutely." So I then said, "Well, in order to get prepared, what would you like me to teach?" He answered, "I don't know. I'll tell you when you get here." So, about two weeks later, I arrived at a place where I had never lived to take a job I knew nothing about. And there in August of 1974, I began my career as a law teacher. The dean, upon my greeting him when I arrived, said, "Well, I've given this some thought. I want you to teach first-year criminal law. I want you to run the legal aid clinic. I want you to run the prison projects in the state federal prisons. And, by the way, I want you to teach trial advocacy." All of which I had extraordinary experiences in, but had never done in the past. So, I swallowed hard and immediately began trying to figure out how to start. The very first evening after having been given that assignment, I was invited to the town bar association's welcoming cocktail party for the new law school faculty. I don't know if there is a comparable kind of event for new faculty members here, but it was very kind of the president of the bar to take me and to show me around. I quickly concluded that it was also quite amusing because he would take me up to everyone and he would say, "I would like you to meet the new lady law professor." And I would smile and I'd say "How do you do ?" and everyone was very cordial. Until he introduced me to one of the formidable judges in the state at that time, a long-serving chancellor because Arkansas had still chancellery divisions. And he said, "Judge, this is the new lady law professor. She's going to teach them the law and run the legal aid clinic." And this very tall, distinguished man with a handlebar grey mustache looked down at 2 me and said, "Well, I don't have any use for lady law professors or legal aid clinics, but we're glad to have you here anyway." At this moment, I began to wonder about my career choice, but I didn't have much time to reflect upon it because classes started the very next day. So, I desperately tried to stay at least one class ahead of my students. And I began to work in and help create a legal aid program at the University. I knew that there were many people who then, as well as now, did not cotton through the idea of free legal services, and I knew because I had worked in legal aid programs when I was at Yale that it would be something of an uphill struggle. But I never doubted for a minute that it was an important part of my students' experience in law school to have the opportunity to represent real clients with real problems. And I never doubted that it was a critical amendment of our profession. Some of the experiences that I had, both when I was a student doing legal aid work, and then later as the director of the University of Arkansas legal aid clinic, were some of the best experiences I've had in the law. Certainly my interest in working on behalf of children and families was piqued when as a law student, I worked with a local lawyer and a legal aid lawyer in bringing some challenges to the state of Connecticut's policies as to who could or could not adopt children. And the case I remember very well was of a young girl about four years old who'd been with a foster mother for her entire life. And the state decided that they found a better home for her, and they were going to take her from that environment and place her with another family who had been waiting to adopt a child. And the foster mother desperately wanted to adopt this child herself. So we represented this poor foster mother who did not have sufficient funds to hire a lawyer, but who had a very good argument as to why she had created a mother-child relationship with this little girl. And the case was hard fought. In those days, the decision was that it would be better for the child to be moved to an environment that had more material possibilities than to stay with the mother that she had known. A decision that I disagreed with then and a decision I disagree with now. But working on that case opened up my eyes to many of the psychological and emotional and other issues having to do with adoption and foster care. When I began working at the legal aid clinic at the University of Arkansas, I encountered other kinds of challenges. I will never forget a young woman who showed up with her father wanting a divorce. And her father was an elderly gentleman. He'd been a coal miner in western Arkansas. And this young woman had eight children, and she recited to me all the reasons why she wanted a divorce. She told me where she got married and soon 3 P4 began looking for the marriage certificate so that they could make the necessary pleadings. We could not find the place that she had been legally married anywhere. And I was especially concerned about telling this poor woman with eight children that she had never been legally married. Some student came to me and said, "You know, we looked in all the neighboring counties, there's nothing on record. We don't think shes' ever been legally married." So we had her come back in with her father. She sat in my office, and I was just trying to summon up all my empathy, everything I could to let her know what had happened. And I started off by saying, "Well, I've got some difficult news to deliver. We don't think you've ever been legally married." She just gasped and her father said, "Good. I never liked him anyway." We had experiences like that that you can only have in the kind of practice that comes in the door of a legal aid clinic. In the years since, I have encountered many people like that formidable judge who do not believe in legal services for people who cannot afford them. But despite that opposition, the Legal Services Corporation was created by a bipartisan Congress and signed into law by President Nixon with the idea that local legal aid programs would be funded to assist millions of Americans with their legal problems -- problems that would otherwise go unaddressed. After 22 years, legal aid societies have become a way of American life, and the Legal Services Corporation is one of the institutions our society has to nurture and practice one of its most cherished ideals -- that of justice for all Americans. Last year, legal services programs here and throughout the country helped five million people who otherwise could not afford assistance with evictions and foreclosures and divorces. Often, advice, a referral, a listening ear, a letter, or a phone call is enough to solve a problem. Very few of these cases, as with most practices, need to be resolved in the courts. From my own experiences, which not only included legal aid work, but as a founder of the Ozark Legal Services Corporation in Arkansas, as a former member and then chair of Legal Services Corporation, I know how simple assistance can often head off more complicated problems. But today, the Legal Services Corporation's survival hangs in the balance. Over the past year, opponents in Congress have tried to cut funding and even to kill the Legal Services Corporation. As of the first of this year, funding for the corporation in a temporary spending measure was slashed by one third, and the final fate will be determined later this year. t efforts Continue 4 by 1/n Scooled to kill particularly proud 9 leadership AB A, grain her At the same time that the Legal Services Corporation has been under a frontal assault, private law firms, bar nets associations, and individual lawyers have not only sprung (as they have consistently for more than 20 years) to the defense of legal services, but increased their own donations and pro bono me hours to make up for some of the lost funds. That is a critical part of the legal services equation, because even if one has a Tits needed for representing poor clients, that is not enough. And imember corporation with paid staff to perform most of the functions it were not for private attorneys, both who contribute dollars to existing legal services operations but, more importantly, contribute their time, there is no way we could reach the many people who need the services. What it means for a poor American who is denied legal services can be seen in the kinds of cases that I used to take care of and that many of you in this room work on as well. We know that if we were in trouble, because for whatever combination of reasons we were to be evicted, or we were subjected to domestic abuse, or we didn't have what we thought we were entitled to with respect to fair pay or fair treatment, we would want someone's help. The poor are no different Under the chk current cuts, some 1.3 million people would have been denied help. It would be very difficult to make the distinctions between those who will receive it and those who will not. Despite stiong efforts su Adm ABA countries payperters and county, the Congress is also trying to tie the hands of legal aid lawyers by putting restrictions on what kinds of cases such lawyers can take. More troubling to me is that Congress is also trying to restrict the non-public private donations that come from law firms and other sources, so that they, too, cannot be Carger used freely by legal services offices. Add current situation to 278m. The 1 Now, some of you may be asking yourselves how a debate over the existence of the Legal Services Corporation affects you, our nation's future lawyers. Well, for those who wish to serve in some capacity on behalf of legal services, it is obviously a direct impact. But for most of you, and in fact, for most of us who are lawyers, it has more to do with our society's fundamental commitment to justice, to law, and to progress. Roscoe Pound, the famous dean of the Harvard Law School, once said, "Law must be stable and yet it cannot stand still." He meant that the law must evolve with the times, offering the security of permanence, the hope for change, and new opportunities for us to use the law to benefit the larger society. I believe that both our society and our profession became truer to our fundamental values with the founding of the Legal Services Corporation 22 years ago. The thousands of legal aid lawyers and the many more thousands of private lawyers who donate time to legal aid work are the heart and soul of our profession. They are helping our country uphold the one true contract 5 Started in process rennd Mis in you. frue Gral recurreding 7 claiming 150 Rafic. individuals have with America -- the Constitution, and specifically its promise of justice for all. Each time a legal aid lawyer helps a mother petition for child support, or forces a nursing home to live up to its obligations of taking care of its elderly residents, this country, this society, our profession moves closer to its ideals. I'm not asking all of you to become legal aid lawyers. I'm just asking that all of us consider what it means to be a lawyer today and the absence that those who do practice legal aid would mean to how we fulfill our roles. A career in the law should mean a life of service and a commitment to justice, whether it is in a legal aid office or a classroom or in any other setting where lawyers practice.) ) a low or One of the experiences about growing older is discovering that the struggle for progress in a society is often as important, if not more so, than the end result. At some point, however idealistic we may be or have been, we accept that the principles of fairness, justice, and equality often become flawed in their application. We accept that we will and no one will solve all the problems we see in our lifetime. But we keep striving, we keep struggling for these ideals that we believe have to be kept alive. We remain committed to the process of living up to our own better natures and the values we espouse and the promise of a better future. As so many of you already know, and as many of you are learning, the cause of justice is worth a lifelong struggle. I commend you for being willing in times that are not always play a favorable to lawyers for being willing to take your place in a profession that is so essential, not only to the operations of a leader- complex society, but to the ideals that that society should attempt to achieve. Thank you very much. 8 rale [The moderator then asked Mrs. Clinton questions that had been written by members of the audience. Due to the fact that the moderator's questions were barely audible, the wording of the questions has been paraphrased.] MODERATOR: You have time for a few questions. This is a little bit different. We have a third-year law student who has spent many thousand dollars on a degree. How can a person perform pro bono work while faced with paying off law school loans? MRS. CLINTON: Good question, because I know a lot of you have incurred debt. I know that both my husband and I borrowed money and took loans to get through law school. And the debt load wasn't as great as some of you face, and certainly not $80,000, but it was something we had to deal with. 6 I believe that there is still an opportunity, no matter what job you take when you graduate, to do some pro bono work, even if it's just one case, even if its just volunteering in some way. But there is that opportunity, and I would urge you to take it. It doesn't have to be direct service for a client. It could also be work on behalf of a not-for-profit organization that needs some legal assistance. That was one of the things that I enjoyed doing as much as anything in my work in the past -- working with groups that were trying to get organized and get focused and do what they can. So, I would just urge you, even with the debt load that you have and the hours that you will have to work in order to pay that back, save at least maybe a couple hours a month to do something pro bono. MODERATOR: Is the Legal Services Corporation the best way to provide legal services for the poor? Are there any existing services that could substitute for the functions that the corporation performs? MRS. CLINTON: Well, of course, the Legal Services Corporation distributes funds to local legal aid offices that are governed by local boards and make their own decisions. I've served on the board of one, I've worked with one, I have followed how they operate. So I do think that, as I said, the Legal Services Corporation cannot be the only way of providing legal services to the poor. But, I think it's a necessary base that provides a structure that does try to reach into every community. And although it is spread thin, I think it does provide that presence. So, although I encourage local bars and state bars to continue to do and even increase what they're doing directly with legal services and in support of the Legal Services Corporation, I don't think that it would be an efficient way to substitute for what the Legal Services Corporation does. MODERATOR: Do you feel that there are still good opportunities available in public service? MRS. CLINTON: Well, I think there are many opportunities. I believe you have to do what you care about and what you are motivated to do, and not just look for something that makes sense on paper if it doesn't fill you with the desire to make a difference. I think public life -- elected office -- is a very important role for both men and women, but particularly for young women to look to. But, I also think government service -- public service at all levels of government -- is important for people. I'm saddened when I see that the climate seems to suggest that it is not worth government or public life because it is tough, it is not pleasant. I would not stand up here and tell you that it was, because it has not gotten any better, but instead it's gotten worse in the years that I've observed and been part of it. And so you have to know that it's a challenge. 7 But, on the other hand, if that's what you're interested in, I would urge you to do it and just take the risks that go along with it because there are risks doing anything in life. There is no free ride no matter what career choice you make. And there's no guarantee that what you do when you're 25 or 35 will be what you're doing when you're 45 or 55. I did not have a career plan to end up living in the White House married to the President of the United States. That was not something that ever crossed my mind or looked like it might actually happen. So, you can't predict what you're going to do in your own life. So you have to do every day what gives you satisfaction, and if that's public service and its many forms, then please, do it, pursue it, and you all have to stand up and advocate on behalf of what you believe. MODERATOR: What is your viewpoint on the state of ethics in America? MRS. CLINTON: Oh, I think that generally in America, whether its American politics or the American legal profession, I think that if you look and compare the United States to any other country I'm aware of, or any other point in past history, by and large people are ethical, they try live up to their ethical obligations. They can be second-guessed ---- I know that from firsthand experience. But, most people I know that I have the chance to observe and work with have tried very hard to fulfill their ethical obligations as lawyers. Now, I do believe that you have to constantly be vigilant and where there are problems, you have to resolve them. But I think sometimes we can get to the point where we strain at a gnat and swallow a camel. There are a lot of choices in the law, just as in life, that are difficult choices. And you do the best you can, and you try to be as ethical and careful as possible. But, if you always keep that in mind, then you are more likely than not to live with yourself and be able to maintain your own standards. And at the end of the day, that is what is really important. So, yes, we have to be conscious of ethical lapses of ourselves and others in the profession. We have to do what we can to make those not be spreaded but instead be refined and possibly be cured. But we also have to recognize that I think we do on balance a better job than sometimes the public gives the legal profession credit for. MODERATOR: What is one of the most important qualities that a lawyer should possess? MRS. CLINTON: I don't have any idea. I mean, for a woman, probably a good haircut. 8 I think that is such a difficult question. Obviously, you know, integrity, character, the things that make for a good person make for a good lawyer. I've often thought that there are many people in professions, not just law, but in other professions as well, who at the end of the day what you look for is good judgement and good judgement is based on experience and thoughtfulness and a sense of a center for the person and the values more important than either the degrees on the wall or the entry in the Martindale (inaudible). So it's very difficult to go beyond what is, you know, basic to what makes a good person. MODERATOR: We have time for one more question. This is from -- we'll give the faculty a little time here -- this is from Professor (inaudible). What role should lawyers play in cases involving children, and how can lawyers provide that representation? MRS. CLINTON: Well, I think that this is one of the continuing challenges that the legal profession has because what we have to do is do a better job in strengthening families and in educating parents to take care of their own children and to limit the amount of intervention into any family on behalf of a child. That is the general principle that should be followed in nearly every case. The unfortunate fact is that we had quite an increase -- and particularly a fanatic increase in the last few years -- in child abuse and neglect. The most numbers of increased cases are in children under four. So that we know that there are, for whatever combination of reasons, children were not being adequately cared for by their own family members. And because we have this conflict, both in the law and inside each of us about wanting to protect the sanctity of the family and enable the family to make decisions for children, on the other hand, not wanting to keep children in dangerous situations and wanting to, insofar as humanly possible, give children a second chance at a loving family, there is a constant conflict in the law and among decision makers when it comes to intervening into families, possibly terminating parental rights, and stepping in as parents patriae and making decisions on behalf of the child. Having both been involved in such cases and having watched this now for about 25 years, I think that we have to be much more careful about when we intervene. But when we intervene, we have to be much more willing to move to terminate parental rights and release children for adoption as soon as possible. And there are many children -- about 100,000 right now -- who are in the limbo of foster care, which is about 450,000 children. And those 100,000 are there despite the fact that they could and should be released for adoption or placement with another family. 9 So I would like to see more effort on the part of lawyers to try to structure some remedies in every state that would use volunteer lawyers to act as advocates for children in the foster care system, volunteer judges keeping the courts open. I think this is a real emergency. So that perhaps within a year or two, as I wrote and suggested in my book, we could make permanent decisions on behalf of the children who are caught in the foster care system. There also has to be clearer direction to parents from whom a child is taken as to what they must do to prove that they are capable of caring for that child. If they are drug addicts, they have to be in some kind of program or forfeit their rights. At a certain point, you have to move the from emphasis on parental rights to looking at what is in the best interest of a child. It is not an easy transition to make, but we leave too many children in dangerous, neglectful situations for too long. So, I would hope that some of the good minds at SMU and other places around the country who care about children, would begin to think through in a practical way, what we can do to solve this constant conflict between the rights of the family and the parents and the needs of the child. And I think lawyers and law students have a great opportunity to be of service in this. I would just like to conclude by saying that one of the things that always noticed (both when I was in law school and when I taught in the law schools) is that domestic relations law -- laws having to do with children -- were not considered to be of the same status as, you know, studying tax code or corporate law or anti-trust and things like that. I always thought that was a real loss for our society. that caring about what happens in the way the law affects our lives as family members is critical to making it possible to strengthen families as opposed to just continuing to allow social conditions to overwhelm them. I think we're at a point now where many people feel that way, and that lawyers have a chance to lead the way. We need to look at divorce laws. I believe divorce laws where children are involved should be harder, or should be breaking mechanisms. I don't know the answers, but I would love to have some people who think seriously about this come up with them. I think this whole foster care/adoption situation is very troubling. The abuse and neglect of children has got to be addressed seriously by lawyers, and not left to overburdened social workers who are doing the best they can often under very tough circumstances. So, there's a real opportunity to look at issues that are difficult and emotional. It's a lot easier reading the code -- believe me. I mean, it doesn't yell at you on the phone, it doesn't cry in your office. But, the issues as to what we're going to do with the family and how we're going to preserve it 10 and strengthen families is, I would argue, one of the most critical issues to the functioning of society and therefore should command the attention and respect of more lawyers so that they can be part of the solutions that we need to find together. Thank you very much. ### 11 LSC APPROPRIATIONS HISTORY FROM FY 95 TO FY 97 FY 95 o Administration requested $500 million. o LSC initially requested $848 million, and then $500 million. o Appropriations level was $415 million pre-rescission and $400 million post-rescission. FY 96 o Administration requested $440 million. o The Budget Resolution agreed to by the House proposed funding LSC at $278 in FY 96, $141 million in FY 97 and the elimination of funding in FY 98. The Budget Resolution agreed to by the Senate would cut LSC funding by 35% in FY 96 (to $270 million from the originally enacted FY 95 appropriation of $415 million). Appropriations would then remain at that level through FY 2002. At conference House and Senate conferees were unable to reconcile the differences between their two versions of the Budget Resolution. Therefore, no language on LSC was included in the final FY 96 budget resolution. o LSC requested $440 million. o In July 1995, the House passed a Commerce, Justice, State, the Judiciary, and Related Agencies appropriation bill for FY 96 (H.R. 2076), which includes $278 million for LSC (a 33% cut from the originally enacted Fiscal Year 1995 appropriation of $415 million). The bill also placed many new restrictions on how LSC and its grantees can use LSC as well as all sources of funding. 0 In September 1995, the Senate Subcommittee marked-up a bill that abolished LSC and appropriated $210 million for state block grants administered by DOJ for the delivery of legal services to the poor. o In floor action, the Senate adopted by voice vote an amendment offered by Senators Domenici and Hollings that restored LSC and the current delivery system. The amendment was similar to the appropriations bill passed by the House, and had a funding level for LSC of $340 million for FY 96. The entire appropriations bill (which includes the Domenici amendment) was then passed by the Senate. 1 WHOZIS 0000 SBOTAJBS INES A conference on the Senate and House passed versions of the Commerce, Justice, State, the Judiciary and Related Agencies appropriations bills was held on November 29. 1995. The Conference Bill provided $278 million for LSC for FY 96 rather the higher Senate figure of $340 million. It also included most of the restrictions contained in both the House and Senate FY 96 appropriations bills. On December 19, 1995, President Clinton vetoed the Commerce, Justice, State, the Judiciary and Related Agencies Appropriations Act, H.R. 2076. The House failed in its attempt to override the veto. In the absence of an enacted Commerce Justice appropriations bill for FY 96, LSC was funded in the early months of FY 96 pursuant to a series of continuing resolutions. Under these continuing resolutions, LSC was funded at a rate of $278 million and the restrictions contained in its FY 95 Appropriations bill remained in effect. In April 1996, President Clinton signed the Omnibus Appropriations Act, Pub. L. 104- 134 which, among other things, funded LSC for the remaining part of fiscal year 1996. The law provided $278 million in funding and included most of the restrictions contained in the earlier House and Senate FY 96 appropriations bills. FY 97 0 The Administration requested $340 million. The Budget Resolution agreed to by the House proposed funding LSC at $95 million in FY 97 and the elimination of funding in FY 98. The Senate Budget Resolution did not include language on LSC funding. The final FY 97 resolution also did not include language on LSC funding. LSC requested $340 million. On July 9, 1996, the House Commerce Justice Subcommittee marked-up its appropriation bill for FY 97 (H.R. 3814). which contains an appropriation of $141 million for LSC. or this amount, $5.3 million is designated for management and administration and $1.125 million for the OIG. The bill includes all the LSC provisions and restrictions contained in the Omnibus Appropriations bill for FY 96 (H.R. 3019) as well as a provision that allows the use of non-LSC funds for representation of undocumented aliens in domestic violence and related matters. On July 11, 1996, the bill was passed out of the full Appropriations Committee. 0 On July 23, 1996, an amendment offered by Reps. Alan Mollohan and Jon Fox to H.R. 3814 to increase LSC FY 97 funding was agreed to by a vote of 247 to 179. The 2 -807110 W897:9 96-18-1 0000 Services INES amendment increases LSC funding to $250 million and makes no changes in the funding level for management and administration, the OIG or the provisions or restrictions in the Committee bill. O On July 30, 1996, the Senate Appropriations Subcommittee approved a bill that funds LSC in FY 97 at $288 million, with $7.1 million for management and administration and $1.5 million for the OIG. The bill includes all the LSC provisions and restrictions contained in the Omnibus Appropriations bill for FY 96 (H.R. 3019) as well as a provision that allows the use of non-LSC funds for representation of undocumented aliens in domestic violence and related matters. The full Senate Appropriation Committee is expected to consider the bill on August 1, 1996. 3 097: WH97:9 due SECTATES 7 LSC APPROPRIATIONS HISTORY YEAR AUTHORITY AMOUNT 1976 $ 92,300,000 1977 $125,000,000 1978 $205,000,000 1979 $270,000,000 1980 Public Law 96-68, 93 Stat. 433 (9/24/79) $300,000,000 1981 Public Law 96-536, 94 Stat.3169 (12/16/80 $321,000,000 1982 Public Law 97-92, 95 Stat. 1191 (12/15/81) $241,000,000 1983 Public Law 97-377. 96 Stat.1874 (12/21/92* $241,000,000 1984 Public Law 98-166, 97 Stat.1088 (11/28/83) $275,000,000 1985 Public Law 98-411, 98 Stat.1563 (8/30/84) $305,000,000 1986 Public Law 99-180, 99 Stat. 1162 (12/13/85) $305,500,000 1987 Public Law 99-591, 100 Stat.3341 (10/30/86)* $305,500,000 1988 Public Law 100-202. 101 Stat. 1329-33 (12/22/87 $305,500,000 1989 Public Law 100-459, 102 Stat, 2218 (10/1/88) $308,555,000 1990 Public Law 101 -162 $316,525,000** 1991 Public Law 101-515 $328,186,000*** 1992 Public Law 102-140 $350,000,000 1993 Public Law 102-395, 106 Stat. 1828 (10/6/92) $357,000,000 1994 Public Law 103-121 $400,000,000 1995 Public Law 103-317 $415,000,000**** *Continuing Appropriations ** Sequestered. Original approp. $321,000,000 ***Includes $1 million supplemental approp. P.L. 102-27, 105 Stat 138 (4/10/91 ****$15 million of this amount was rescinded in H.R. 889. The Defense Supplemental Appropriations Bill. : #100000896 OST: WHAZ:S ! drop 12507:18 INES LSC APPROPRIATIONS: 1982 - 1996 COMPARED TO 1982 IN 1994 DOLLARS sections 2537.10 75 50 25 Appropriation in 1994 Dollars 0 Millions -25 -50 -75 -100 -125 -150 1982 - 1996 Appropriation Level 1996 Projected at 35% Cut THE ADMINISTRATION'S REMARKS ON LSC President Clinton declared the week of September 26 through October 2, 1994, "National Legal Services Week" on the occasion of the 20th anniversary of the Legal Services Corporation. White House Counsel Abner Mikva, Deputy Attorney General Jamie Gorelick, and FEMA General Counsel John Carey all testified in favor of reauthorizing LSC at a hearing held by the House Commercial and Administrative Law Subcommittee held on May 16, 1995. O On September 11, 1995, Attorney General Janet Reno and White House Counsel Abner Mikva sent a letter to the Chairman of the House Judiciary Committee, Henry Hyde, in strong opposition to H.R. 2277, the Legal Aid Act of 1995, which abolished LSC and appropriated $210 million for state block grants administered by DOJ for the delivery of legal services to the poor. o On December 19. 1995, President Clinton vetoed the Commerce, Justice, State, the Judiciary and Related Agencies Appropriations Act, H.R. 2076. President Clinton included LSC in his veto message stating that: "It cripples the capacity of LSC to fulfill its historic mission of serving people in need - slashing its overall funding. sharply limiting the administrative funds LSC needs to conduct its business, and imposing excessive restrictions on LSC's operations. I.SC should be allowed to carry on its work in an appropriate manner, both in its basic programs and in special initiatives like the migrant legal services program." On March 6, 1996, First Lady Hillary Rodham Clinton gave 2 speech in support of LSC at Southern Methodist University in Dallas, TX On April 23, 1996, support for LSC was the subject of First Lady Hillary Rodham Clinton's weekly newspaper column. On July 23, 1996, President Clinton made the following remarks during a speech in Sacramento California: "To give you an idea of what a big problem this [domestic abuse] is, listen to this. The national Legal Services Corporation, present in most communities in our country, says that one in every three cases they handle is a family law case. one in three. In 1995, 59,000 of them were attempts by poor women to get legal protection from abusive husbands, 9,300 of them involved negleoted and abused children. If we want to protect people against domestic violence we must not destroy the Legal Services Corporation, we ought to let them do their jobs 30 they can help the rest of US protect people." LEOTING duon Administration Positions on FY 1997 Appropriations for the Legal Services Corporation July 11, 1996, letter to Rep. Livingston (House Appropriations Chairman) - Full Committee "The Administration strongly objects to the Subcommittee's funding level of $141 million for the Legal Services Corporation (LSC). The bill would cut the Corporation's funding level by roughly 50 percent from last year's level of $278 million and is almost two-thirds below the FY 1995 level. It would provide approximately $200 million less than the President's request of $340 million. One fourth of LSC's professional staff have already left, over 100 offices have been closed, and thousands of low-income individuals who would have been assisted have been denied access to the legal system. Further reductions in funding would deprive LSC of the resources it needs to carry out its mission, essentially bankrupting the Corporation and denying the neediest members of our society access to the Nation' judicial system. "In addition, the Administration notes that the bill contains many restrictions on the activities of LSC grantees that were contained in the FY 1996 appropriations act. The Administration continues to have serious concerns with these restrictions, particularly the restrictions on the use of funds from non-LSC sources." July 16, 1996, Statement of Administration Policy - House Rules "The Administration strongly objects to the Committee's funding level of $141 million for the Legal Services Corporation (LSC). The bill would cut the Corporation's funding level by roughly 50 percent from last year's level of $278 million and is almost two-thirds below the FY 1995 level. It would provide approximately $200 million less than the President's request of $340 million. Further reductions in funding would deprive LSC of the resources it needs to carry out its mission, essentially bankrupting the Corporation and denying the neediest members of our society access to the Nation's judicial system. "In addition, the Administration notes that the bill contains many restrictions on the activities of LSC grantees that were contained in the FY 1996 appropriations act. The Administration continues to have serious concerns with these restrictions, particularly the restrictions on the use of funds from non-LSC sources." July 17, 1996, Statement of Administration Policy - House Floor -- Same as Rules SAP above July 30, 1996, letter to Senator Hatfield (Senate Appropriations Committee Chairman) - Subcommittee Action "While the House floor vote to restore $109 million to the Legal Services Corporation (LSC) recognizes the inadequacy of the Committee funding level, the Administration strongly objects to the House-passed funding level of $250 million. The House-passed level is $90 million below the President's request of $340 million and $28 million lower than the FY 1996 enacted level. Such a reduction in funding would deprive LSC of resources it needs to carry out its mission, further reducing the already limited access of the nation's poor to the judicial system. "In addition, the House bill would reduce funding for LSC's management and administration by 25 percent, from $7.1 million in FY 1996 to $5.3 million in FY 1997. At this funding level, LSC would be forced to reduce its staff to approximately 20 employees, down from 96 in FY 1995. With a staff of this size, the Corporation would not be able to carry out its statutory responsibilities, including monitoring compliance, evaluating program quality, and maintaining a competitive grant system, in any meaningful way. "Finally, the bill contains many restrictions on the activities of LSC grantees that were contained in the FY 1996 appropriations act. The Administration continues to have serious concerns with these restrictions, particularly those on the use of funds from non-LSC sources." August 1, 1996, letter to Senator Hatfield -Full Committee "The Administration commends the Subcommittee for increasing the funding level for the Legal Services Corporation (LSC). However, while $288 million is $10 million over the FY 1996 level, we continue to strongly urge the Committee to provide the full request of $340 million, which is needed to carry out LSC's mission to provide the Nation's poor with access to the judicial system. "The Administration understands that the Subcommittee bill contains many restrictions on the activities of LSC grantees that were contained in the FY 1996 appropriations act. The Administration continues to have serious concerns with these restrictions, particularly those on the use of funds from non-LSC sources." 2 gave Page 17 not 58TH STORY of Level 1 printed in FULL format. Copyright (c) American Bar Association, 1994. ABA Journal August, 1994 note here never, thair trailenge sat Sat.Am 80 Aug. ABA J. 100 for LENGTH: 759 words pt SECTION: Your ABA TITLE: Peaceful Presidential Politics: Election of ABA leaders at annual meeting is no contest AUTHOR: James Podgers TEXT: If you're looking for excitement at the upcoming ABA Annual Meeting in New Orleans, you won't find it in the association's presidential election process. The annual foregone conclusion of the ABA leadership succession is about to become reality again at the annual meeting, being held on Aug. 4-11. The ABA's House of Delegates, which convenes on Aug. 9-10, will elect Roberta Cooper Ramo of Albuquerque, N.M., to a one-year term as ABA president starting at the end of the 1995 annual meeting in Chicago. She will become president-elect at the close of the New Orleans meeting, as George E. Bushnell Jr. of Detroit takes over the presidential reins from R. William Ide III of Atlanta. Ramo's election is, for all intents and purposes, a done deal, and has been since she was selected by the ABA Nominating Committee in February at the midyear meeting in Kansas City. Such a sure thing is not the result of some sort of machine-politics fix, just the nature of the ABA's discreet style of governance. While the politicking for leadership posts sometimes is intense in its early stages, matters are generally settled by the time they reach the Nominating Committee, and to see a race actually contested in the House is practically unheard of. The only time it has happened in the past 60 years was 1976, when William B. Spann Jr. of Atlanta easily beat back a challenge in the House by Leroy Jeffers of Houston. Candidates for national political office should have it so easy. Unlike Bill Clinton, however, who had to campaign hard from nomination to election, Ramo has been able to enjoy the acclaim of being the first woman nominated to the ABA presidency, a fact that gives her upcoming election a dose of historical punch. She also has gotten a head start on the endless round of appearances and interviews that cram the schedules of ABA presidents. Page 18 (c) ABA, ABA Journal, August, 1994 Just as certain a candidate as Ramo is Martha W. Barnett of Tallahassee, Fla., who stands to be elected as the first woman chair of the 533-member House starting at the end of the meeting in New Orleans. The first year of Barnett's two-year term will coincide with Ramo's presidential term. Actually, Ramo is moving into the ABA presidency on her second try after having been involved in one of the most closely contested presidential races in the association's history. In 1991, the Nominating Committee required 88 ballots to sort out a three-way race in which J. Michael McWilliams of Baltimore was finally chosen. His final election was, of course, uncontested. Occasionally, the ABA has been urged to open up the process of selecting the president and other officers, which could make it a bit more raucous. The latest round of such proposals is being reviewed by the Special Committee on Governance, according to chair Clarence W. Walker of Charlotte, N.C. Among the "great variety of models for selecting officers" that has been considered by the committee, says Walker, one would have the Nominating Committee send two nominees for consideration by the House. Having the House serve as nominating committee as a whole and opening elections to the full association membership also have been suggested, he adds. Since the existing selection process has been largely successful, Walker suggests that the primary benefit of expanding that process would be to enhance "the perception that there is a bridge between the general membership and the leadership." The Governance Committee plans to issue a report on all principal aspects of association governance for consideration at the 1995 annual meeting by the House and the Assembly (composed of any ABA members in attendance). It's Always Something While ABA presidential elections are generally matters of acclimation rather than acrimony, few annual meetings fail to rouse controversy and excitement on other fronts. For instance: * The 1993 annual meeting in New York City turned into something of a coming out party for new U.S. Attorney General Janet Reno, who seemingly was everywhere during the meeting. * In 1992, at a meeting in San Francisco at which women's issues received particular prominence, the House of Delegates adopted a pro-choice policy on abortion only a year after adopting a neutral position in a continuing struggle with the issue dating back to 1990. * In 1991, then U.S. Vice President Dan Quayle called for sweeping changes in the nation's legal system in a controversial speech to the House of Delegates in Atlanta, the repercussions of which were felt all the way into the 1992 presidential election. Page 19 (c) ABA, ABA Journal, August, 1994 * Many attendees at the 1990 meeting in Chicago were talking about a survey conducted for the Young Lawyers Division indicating that lawyers were becoming increasingly dissatisfied with their jobs. As with most annual meetings, it is difficult to predict what will develop as the controversial policy, program or speaker in New Orleans. Will it be the growing challenge to the ABA's law school accreditation process? Gun control? The selection of a new executive director for the association? The brewing concern over nonlawyer practice? One thing certain is that, anytime thousands of lawyers gather in one place, it's bound to be something. LANGUAGE: ENGLISH GRAPHIC: Picture, ABA President-elect nominee Roberta Cooper Ramo, ABAL/KIM JEW Page 4 2ND STORY of Focus printed in FULL format. Copyright 1989 The New York Law Publishing Company The National Law Journal April 10, 1989 SECTION: Pg. 1 LENGTH: 2668 words HEADLINE: Power Grab BYLINE: BY TERRY CARTER, National Law Journal Staff Reporter HIGHLIGHT: ABA presidential politics once involved backroom deals. Now its sections are seen as one way to the top. BODY: THERE HAVE been several swings back and forth during the 1980s from so-called liberals to so-called conservatives at the helm of the American Bar Association, a relative distinction at most. But maybe none them has been so clearly defined as the man most recently tapped as the next in line for president of this, the world's largest professional organization, for the 1990-'91 term. In a body that traditionally trucks no extremes and subsists by consensus, John J. Curtin Jr. was the prime mover behind the ABA's endorsement of a ban on discrimination against homosexuals, made at its recent mid-year meeting in Denver. The controversial move had failed in 1983 and 1985, but passed this year by a surprisingly resounding 251-121 vote, far more than the simple majority needed. Mr. Curtin's position would have been considered extreme in the ABA of not so long ago, when waves were made mostly by stirring drinks. But in today's version, he even went unopposed for the nomination, which is tantamount to election at this summer's annual meeting. "That it didn't preclude me from being chosen for the office, I guess that's the interesting thing," says Mr. Curtin of his role in the gay rights issue in the ABA House of Delegates. He represented the Massachussetts State Bar, which proposed the measure. And his real power base within the ABA comes from having chaired one of its more muscular arms, the Litigation Section. To many, Mr. Curtin's rise to the top, despite taking a controversial stand, is further evidence of the fast-expanding role of the ABA's substantive sections in the past few years, evidence of the once-glacial organization now responding to the overwhelming inevitability of changing times. Where not long ago a candidate for ABA president was measured by the old-fashioned politics of paybacks for favors given, toil in the right vineyards and the size of the shrimp at his cocktail parties, today's would-be leader must debate opponents on serious issues and be prepared to take the lead on them. Page 5 1989 The National Law Journal, April 10, 1989 FOCUS Perhaps a more telling example of the increasing power of the sections in the ABA is an unprecedented meeting scheduled for April 18 in Chicago, which points to a new alignment and meshing of gears in the complex machine that parcels ABA revenues, mostly membership dues. For the first time, the incoming section chairs will meet with ABA senior management staff to talk about the proposed budget. As a result of the emerging power of the sections, the old system of a few "kingmakers" is gone, and the paths to presidency are more numerous and diverse. "The few don't have the tight control they once had," says Bert H. Early, who retired in 1982 after 19 years as executive director of the ABA, the top staff management position, and still is a delegate from Illinois. "The kingmakers are different people today and there are more of them. It's no longer a tight little circle. It's like the studios used to control movie-making, but now there are all kinds of people making movies." The new balance of power is fast changing -- at least by ABA standards the face of the association, figuratively and literally. The sections have quickly become the avenue to the power circles and leadership positions for minorities and women. It is not expected to be long before one of them becomes ABA president. Mr. Early recalls that before new sections were created in years past, they first had to be capable of existing solely by their funding. Then, as they grew in significance within the ABA, the question became how much money to give them from the general funds. That question has become more pointed. Money tight money has been one of the most important issues within the ABA for the past three or four years and the friction between the sections and the association in general has been growing. The budgetary pie will increase a mere 4 percent next year, which certainly will not cover both inflation and the sheer growth within the ABA. And that makes it all the more significant that the sections, which for several years have successfully clamored for more and more of the pie, have been invited to offer input as the staff renders the recipe. "This meeting will have a major impact on the thinking of the senior management staff as never before," says Dennis W. Archer, chairman of the Conference of Section Chairman of the Conference of Section Chairmen. He is a "hot property" these days in the ABA, according to one senior ABA management staffer in Chicago. A member of the Michigan Supreme Court since 1986, Justice Archer, a black, is a mover and shaker who, interestingly, did not rise to power in the ABA through the Judicial Administration Division. His other ABA duties include Michigan representative in the House of Delegates, board of editors of the ABA Journal, chairman of the Commission on Opportunities for Minorities in the Profession and last retiring chairman of the General Practice Section, which he headed after taking the bench and which was his initial path to power. The greatly increased role of the sections in the past five years, especially in ABA governance, "has been very healthy for the association across the board," Justice Archer says. "There is a desire to work cohesively, not remake the Page 6 1989 The National Law Journal, April 10, 1989 FOCUS wheel. " IT WAS JUST five years ago that the ABA's health was seriously threatened by revolt of the sections. They were willing to remake the wheel. The movement was so strong and the stakes so high that there was fear of splintering along the lines of that suffered by the American Medical Association, which split up essentially into separate human body parts, with new associations formed for medical specialties. The ABA sections' revolt came just two years on the heels of corporations' in-house lawyers bolting from the precursor of today's Business Law Section in 1982 and forming their own American Corporate Counsel Association. It was that call to battle by the sections -- born of the frustrations of the growing numbers of the disenfranchised -- that led to what became known as the Beckham Amendment of 1984. In what is proving more and more to have been a radical change in ABA governance, it brought representatives of the sections onto the Nominating Committee, which at the time was composed of 50 state delegates who picked the president and other top officers. There are now nine representatives of the 44 sections and divisions on the Nominating Committee. The change in 1984 also added five section representatives to the now 35-member Board of Governors, bringing the total to six. (The Board of Governor's most important job is formulation and administration of the budget; the 458-member House of Delegates controls ABA policy and supervises and directs the board.) Although those additional numbers gave no real muscle to the sections as far as voting is concerned, the changes did bring section representatives into the decision-making and the spotlight, where those with leadership talents have been recognized and main-streamed into the full association. "The sections' having representatives on the nominating committee has greatly enhanced the presence of our leaders who are now coming into key positions," says Justice Archer, chairman of the Sections Conference. The battle to get them there had been high-stakes poker, and the cards were dealt in large part by Walter H. Beckham Jr. of Miami's Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin P.A. From the mid-1970s to early '80s, Mr. Beckham had chaired the Torts and Insurance Section and then been the section's representative in the House of Delegates. For more than 20 years, he watched the sections grow in every way but participation in governance. Preparing for battle, says Mr. Beckham, "I checked the records to see how many people outside the cadre of state delegates had actually been elected to high office and on the [Board of Governors]. I found what I was looking for and let it be known that I was going to present in the delegates that the Nominating Committee couldn't find anybody qualified but themselves." The showdown took place at the annual meeting in Atlanta in 1983, and the sections, after several years of brooding, were spoiling for a fight. The sections people had the numbers to control the Assembly and scheduled their programs to ensure no conflicts would prevent a large turnout at the Assembly meeting. Their opponents controlled the House of Delegates. An amendment would Page 7 1989 The National Law Journal, April 10, 1989 FOCUS have to pass both bodies, and if it didn't, the Assembly could put it before the full ABA membership for a vote -- something that has never been done. "The idea was that if the Assembly passed it and the House didn't, the Assembly would ask for a referendum," Mr. Beckham recalls. The fight was bitter but led to the creation of a commission, which recommended the changes the sections wanted. The term "Beckham Amendment" was first used derisively "by someone who was later that 'we called it that because we though we were going to bury you with it, Mr. Beckham says. "One year nobody would have cocktails with me," he continues, "and the next year they wanted me to nominate them. That's politics. Later I was named secretary, and I'm in the middle of my term." WITH LIGHTNING speed by ABA standards, a sort of "perestroika" took hold when the sections suddenly found themselves no longer second-class citizens, but rather on what Mr. Beckham calls "the first team." Although their numbers were not greatly increased in the House of Delegates and on the Board of Governors, those additions coupled with entry onto the powerful Nominating Committee was enough that, within a year or two, the restructuring brought about significant change. "One result is that on the agendas of the last four years in the House of Delegates, an enormous percentage of matters has become from the sections, says Roberta Cooper Ramo of Albuquerque, N.M.'s Poole, Tinnin & Martin, who in 1984 was the first elected chairman of the Conference of Section Chairmen. Before the restructuring and the new strength of the sections, that position had been by rotation. his year, 51 percent of the reports with recommendations before the House of Delegates at the Denver mid-year meeting originated in the sections. "It shows that the substantive issues facing the practice are being addressed by the sections by and large," says Ms. Ramo. "It's partly the nature of the issues. The law has become more complex, especially in its interface with society, and fortunately the sections working in the American Bar Association and through the delegates have exercised a lot of leadership in trying to address these substantive issues as they relate not just to the profession but to the whole system of American law and justice." Mr. Curtin, who bears the unwieldy title of president-elect nominee, says "the net result of that activity has been a recognition that the sections are playing a larger and larger role in the operation of the American Bar Association." With the explosion in the number of lawyers in recent years. ABA membership has increased as well, but not proportionately. The percentage of practicing lawyers who join the ABA slipped in recent years to several percentage points below half. That was remedied by giving automatic, free membership to new lawyers and bumped the numbers back up. But during the same period, renewal rates by dues-paying section members remained higher than that of the general membership. Nearly two-thirds of the members belong to sections, and the more Page 8 1989 The National Law Journal, April 10, 1989 FOCUS sections a lawyer is involved in, the more likely he or she is to remain in the ABA. "The sections are where the action is," says one senior ABA management staffer. "They're putting on the education programs and putting out the books. That's what today's lawyers want and need." No small part of the ABA's mission in years past has been the preservation of exclusive privileges enjoyed by lawyers, some of which were eroded in losing battles like the one over no-fault insurance. Now, law office management and continuing legal education -- especially in practice areas in which expertise can have a brief shelf life -- are of greater concern. The two missions are today's playing field of the old and new. Richard Allen, who edited the ABA Journal for 20 years and now is active in the Senior Lawyers Division, believes the role of the sections will continue to expand and change that playing field. "The state delegates still remain powerful and as territorial representatives, but the recognition of the sections is the recognition that the practice of law transcends state lines," says Mr. Allen. "And the constituency is the fields of practice more than the states." The sections have proved more of a meritocracy, says Ms. Ramo, who now is trying to parlay her high-profile sections work into the ABA presidency for the 1991-'92 term. "In the sections, advancement has not been political in the usual sense," she says. "Those who do a good job are quickly picked up to go to the next level of responsibility." THE LONG-TERM insiders are not betting on an abrupt change in the path to the ABA presidency which has continued to go to traditional types -- those with the right ABA resume, the right look, the right manner and the right connections. Even Mr. Curtin, although his greatest source of power in the ABA comes from having chaired the Litigation Section, has done a lot in the House of Delegates, both as a representative of the Boston Bar Association and of the section. "I'm just something of a bridge," says Mr. Curtin. "I sort of spanned both the general bar work and the section work." It is Ms. Ramo who is trying to cut the new path. Her ABA work has been through the Economics of Law Practice section, which she chaired during 1983-'84, and probably more significantly, her term as the first elected chairman of the Conference of Section Chairmen from 1984-'86. The latter was during the critical two years after the "Beckham Amendment" enfranchised the sections. Critics say the Economics Section lacks the power to catapult someone to the top. "They're the 'techies,' one ABA old hand says derisively of the section and its emphasis on state-of-the-art law office management and the importance of computerization and other technological efficiency. "Yes, I'm a techie," says Ms. Ramo proudly. "But its not just technology. Page 9 1989 The National Law Journal, April 10, 1989 FOCUS It's how we deal with the information explosion and the skills necessary for being lawyers. Most people don't go into big firms, so how can people keep learning how to negotiate, how to interview, how to draft documents. The law schools can't cope by themselves." Her first opponent in the race is tradition. The two other contenders, J. Michael McWilliams of Baltimore's Tydings and Rosenberg and Allen E. Brennecke of Marshalltown, Iowa's Welp, Harrison, Brennecke & Moore, are former chairmen of the House of Delegates, which has often been a stepping stone to the presidency. Ms. Ramo hopes hopes to beat them on the issues. "I hope we'll have the opportunity to spend a lot of time talking about the issues because that's where you'll find a lot of difference between us." There is considerably more opportunity for substantive debate among presidential contenders these days, with invitations to appear before some state caucuses, the Board of Governors, the National Conference of Bar Presidents and various sections. But even at that, the presidency of the 352,294-lawyer ABA -- barring another challenge along the lines of the revolt of five years ago -- still comes down to 31 votes, a simple majority of the Nominating Committee. The ABA is ready for a woman president, most agree. Whether it is this particular woman with a sections-based ABA resume at this particular time is another matter. But there's something blowing in the wind. GRAPHIC: Picture 1, VOCAL: John J. Curtin Jr. at the Denver convention fought for a vote on a gay rights resolution -- an unusual stand for an ABA presidential nominee. Rick Friedman; Picture 2, MORE: Bert H. Early says there are different -- and more -- kingmakers today.; Picture 3, HOT: Michigan Supreme Court Justice Dennis W. Archer is considered a comer. LANGUAGE: ENGLISH Page 11 60TH STORY of Level 1 printed in FULL format. Copyright 1994 American Lawyer Newspapers Group Inc. Legal Times April 18, 1994 SECTION: Pg. 9 LENGTH: 2026 words HEADLINE: Barring Disaster; ABA Leader Quieted Rumors of Firm's Woes BYLINE: BY MONICA BAY; Monica Bay is a reporter for The Recorder of San Francisco. This article was distributed by the American Lawyer News Service. DATELINE: ALBUQUERQUE, N.M. BODY: As Roberta Cooper Ramo marched toward a victory that will make her the first woman president of the American Bar Association, she was shadowed constantly by an event that had the potential to spell disaster for her campaign. Six months before her February election, Ramo's Albuquerque law firm, Poole, Kelly & Ramo, collapsed, and rumors were set flying about what role Ramo played in the demise. Gossips found it especially ironic that Ramo, the former head of the ABA's Section on Law Practice Management, had led a firm that broke down into bitter factions and left a trail of feuding debtors. Unchecked, the rumors could have derailed Ramo's candidacy. But Ramo never let that happen. Observers, friends, and even foes say that Ramo squelched talk about her firm's disintegration with such finesse that she generated more sympathy for herself than doubts about her leadership abilities. By "playing possum" with most people, but keeping the ABA's key decision-makers informed, Ramo never allowed the firm's breakup to become a campaign issue. In fact, her unanimous selection as 1995-96 president took all of 30 seconds, says one member of the nominating committee. All that remains is the ABA House of Delegates' August ratification. Thomas Smegal Jr. of San Francisco's Graham & James, who will join the ABA Board of Governors this summer, says Ramo "clarified her law-firm problems with those who counted. She did everything right. I didn't even know she was having a law-firm problem until after the fact. " Those who did know suggest reasons why Ramo was able to deflect any heat: Her campaign was far enough along by the time word got out that nothing short of a murder conviction could have derailed it, and many lawyers empathized with Ramo's plight. Besides, they say, her troubles do not compare to the antics of some recent Page 12 Legal Times, April 18, 1994 ABA leaders especially Jill Wine Banks, the ABA's first woman executive director, who resigned in 1990 after trying to have her veterinarian disciplined for failing to save her Dalmatian; and President L. Stanley Chauvin, who at the 1990 annual meeting reported the theft of $ 50,000 from a Chicago hotel safe, but never explained why he was traveling with so much cash in his pockets. Furthermore, few people believe that Ramo alone was at fault for her firm's demise. They cite the severity of the recession in the Southwest, the defection of key partners, risky financial gambles, the senior partner's death, and the inability of disparate personalities to agree on a common survival plan. "I don't think this is the Finley, Kumble of Albuquerque," says ABA Colorado State Delegate Karen Mathis, principal of a seven-lawyer Denver firm. "I don't think you are looking at bad management and bad practices." Adds ABA Governor Barbara Mayden, of New York's Skadden, Arps, Slate, Meagher & Flom: "People understood that 'just for the grace of God this could be my firm. Poole, Kelly & Ramo -- which had 45 lawyers at its height -- closed in August, just as the ABA was convening its New York annual meeting. A petition was filed Nov. 1 in U.S. Bankruptcy Court in New Mexico, seeking Chapter 11 protection during liquidation. Court papers in Albuquerque show that the firm had debts of $ 1.04 million and assets of $ 548,600. Creditors include 36 support staff who claim unpaid compensation and benefits, and three former partners who each stand to lose more than $ 100,000 of deferred compensation. Ramo, calling firms "fragile organisms," insists that what happened to Poole, Kelly & Ramo did not happen in isolation. "Groups break up. Martin and Lewis broke up. The Beatles broke up. And law firms break up," she says. But some former partners, admittedly bitter, complain that Ramo was the chief architect of the firm's downfall. "The firm imploded because she has this mind-set, which might have been great in the early '80s, that you keep up appearances by borrowing money," argues Marshall Martin, who left the firm in 1989 when it was still called Poole, Tinnin & Martin and was one of New Mexico's strongest general-practice firms. Identity Problem Ramo joined the firm and its management committee in 1977, and became managing partner the next year. At the time, her ABA career was beginning to soar. By the time she was elected 1983-84 head of the Law Practice Management Section, her presidential ambitions were well-known. Founding partner Robert Poole, a reported wizard at consensus building, was the undisputed firm leader. But around 1985 he developed cancer, and his health quickly deteriorated -- and so did the buffer he had maintained between the firm's strong personalities and philosophies. Page 13 Legal Times, April 18, 1994 Ramo -- along with partners Henry Kelly, Barbara Shapiro, and Robert Muehlenweg -- was among those pushing the firm to take a "national" law-firm approach, which included financial risks. An opposing faction -- including then name partners Martin and Robert Tinnin Jr. -- say they were increasingly worried about firm finances. "I certainly felt that there was an atmosphere of trying to solve problems by throwing money at them, trying to preserve an illusion of prosperity," Tinnin says. Some partners resented Ramo's ABA activities and her civic involvements. Muehlenweg says the split was between the "billable-hours police" and the pro bono activists. Kelly, a Ramo ally who now oversees the firm's bankruptcy proceedings, says the firm failed to predict the full impact of the recession on New Mexico. He says it gambled on a growing legal economy that never materialized. "We reacted to that change in economic circumstances about as poorly as one can," he says. "We were not anticipatory. We were reactive." Shapiro recalls that things got SO nasty that at one point two partners became incensed because they felt they were not adequately consulted about a furniture purchase. The slide toward collapse began when Martin joined Albuquerque's 75-lawyer Hinkle, Cox, Eaton, Coffield & Hensley. Soon after, Tinnin, partner Nicholas Noeding, and six others left for the Albuquerque office of Denver's Sherman & Howard. "I had reached the point where I didn't want my name on the firm, Martin recalls. "I was embarrassed." Shapiro says, however, that Ramo is unfairly targeted, insisting that she frequently tried to red-flag potential financial hazards only to be outvoted. "There was definitely a conflict between Tinnin and Martin, and Roberta," says Shapiro. "It really had to do with [Tinnin's and Martin's] unwillingness to give up power." 'Revisionist History' To this day, Ramo and some of her former partners disagree about whether Ramo's 1988 resignation as managing partner was her idea or whether she was pressured out. Ramo angrily argues that it was voluntary and that any other perception is "revisionist history." She says she stepped down in part to make her first -- and unsuccessful run for the presidency of the ABA. But by 1993, Ramo was the front-runner in a four-way race, and the now-named Poole, Kelly & Ramo was in an unstoppable downhill spiral. Page 14 Legal Times, April 18, 1994 The firm made a last, fatal decision just before Ramo reassumed the managing-partner post in 1990: It signed a huge lease for office space. In the spring of 1993, Ramo stepped down as managing partner a second time to pursue her second bid for the ABA presidency and to attempt last-ditch rainmaking for the firm. Ramo says she intentionally kept her second ABA campaign simple, talking about issues of interest to lawyers. "To the extent that I was successful, it's because the nominating committee thought I struck a responsive chord," she says. It also helped that Ramo had made a pre-emptive strike. Before arriving in New York, she telephoned members of the nominating committee to 'fess up to her firm's woes. "I didn't want anyone to be surprised," she says. Committee members weren't concerned about the firm's collapse, Ramo says, but instead raised ancillary concerns: They wanted to be sure Ramo would have adequate financial support, because the presidency is virtually a full-time job. And they wanted to verify Ramo's commitment, because rumors had been circulating that she might be interested in running for her state's governorship. Ramo, who later joined Albuquerque's nearly 70-lawyer Modrall, Sperling, Roehl, Harris & Sisk, assured the committee she had no designs on the guber-natorial mansion and that she wouldn't have financial problems. Ramo got another break shortly before the annual meeting. Two opponents -- Joanne Garvey, of San Francisco's Heller Ehrman White & McAuliffe, and Blake Tartt, of Houston's Fulbright & Jaworski dropped out of the presidential race, leaving only liberal Jerome Shestack of Philadelphia's Wolf, Block, Schorr and Solis-Cohen (who exited just before the February election). Tartt now says that he might have stayed in the race if he had known earlier of Ramo's problems. He learned about them after arriving for the New York meeting, when a friend traveling in New Mexico faxed copies of new stories. "If it had come out six months or a year before, it would have made a difference," he asserts. Tartt also contends that Ramo profited from her gender. "If some male had come to the table with what she had [in the way of credentials], he wouldn't have gotten [the presidency], Tartt maintains. But Tartt also says he pledges his support to Ramo. "I'm glad that we now have a woman," he says. Like Tartt, Albuquerque's Tinnin speculates that timing was of the essence for Ramo. By the time the firm headed into Bankruptcy Court, her campaign was "too far away down the road And I had heard that there was concern, in 'the year of the woman, to turn on her." New Mexico State Delegate John McCarthy Jr., of Santa Fe's White, Koch, Kelly Page 15 Legal Times, April 18, 1994 & McCarthy, declares that neither Ramo's gender nor the timing of her candidacy had anything to do with her victory. "Those who nominated Roberta were basing their judgment on their experience with Roberta over a number of years, not just short term," he says. "Frankly, after the initial publicity [about her firm] went out, it died down very quickly, and then was not an issue in the campaign." But former Poole, Kelly & Ramo partner Jason Kent says Ramo is sidestepping culpability for what happened to her firm. "That doesn't mean that she has to take responsibility for the collapse of the firm, but I think she is trying too hard to escape any responsibility," Kent says. "And for people who are close to the situation, that engenders a whole lot of resentment, and that has diminished the respect that some of us have always felt for Roberta." Ramo says the Poole firm was solidly behind her bid for the ABA presidency. And that's supported by Kent and others. "There was always an undercurrent that it would be good for business," says Kent, now of Albuquerque's Kent & Widland. "Someone had said that the ABA presidency was worth a million a year to the firm." Kent and others say they never knew exactly what the firm invested in Ramo's campaign. "One of the great mysteries, even up to the bitter end, was how much [her bid] was costing the firm, how much Roberta underwrote on her own," and how much money was generated from her friends in the legal community, Kent says. Muehlenweg, the final managing partner of the doomed firm, says any money contributed was purely on an individual basis. Ramo declines to discuss firm finances, other than to say she enjoyed the firm's support. Many former partners, including adversaries, expect Ramo to be an exceptional president. Kelly says he's glad that "this brouhaha did not adversely affect her ability to attain the post of president-elect.' And most former partners of the defunct firm agree that everybody must share some of the blame. "I really think that it's not the right thing for anybody to come out of this situation as the devil, the demon, or so forth," Kent says. "I think what people should learn from this is that we all have responsibility for what happens in our law firms. That never goes away." GRAPHIC: Picture 1, Roberta Cooper Ramo's firm collapsed six months before her selection as 1995-96 president of the ABA. AARON WILSON; Picture 2, Thomas Smegal Jr.: Ramo was open with those who needed to know. MERYL SCHENKER; Picture 3, HENRY KELLY Poole, Kelly & Ramo, AARON WILSON LANGUAGE: ENGLISH Page 6 16TH STORY of Focus printed in FULL format. Copyright (c) American Bar Association, 1996. ABA Journal July, 1996 82 July ABA J. 8 LENGTH: 411 words SECTION: President's Message AUTHOR: Roberta Cooper Ramo, President TEXT: DEAR MEAD DATA CENTRAL LEXIS: You should be proud that the ABA saved the Legal Services Corp. from extinction during the last year. But those who believe the poor do not deserve civil justice have not given up. Congress will soon decide the ultimate fate of the LSC. The U.S. House of Representatives has already begun the process of deciding FY97 (which begins October 1996) appropriations for all federal programs. Many members of the House, including some in leadership positions, have vowed to end all federal funding for LSC in FY97. Achieving a majority approval for continued funding of LSC remains a great challenge. Over the years, the ABA presidents from Lewis J. Powell Jr. (who put his name on a letter of support only last fall) on have worked to make sure access to civil justice is not denied to the poor. Last year, thousands of ABA members contacted their congressional delegations to urge them to appropriate funds for this vital program. At this critical time, I ask that you again send a strong message to your representative in support of LSC. Congress kept LSC alive in 1995, although it cut LSC's budget by one-third to $ 278 million. We anticipate the legislative battle to be even more difficult in 1996. Many in Congress have stated that their goal is to kill the Federal Legal Services Program. Only your help can save the Legal Services Corp. and the effective problem-solving it offers to our elderly poor, to abused women and working families. We know that it is easier for lawyers to do pro bono work because of the effective civil-justice emergency room that federal legal services offices provide. To assure a strong response to this threat, the ABA has established a special phone number (1-888-KEEP-LSC) for our association's members to use to support LSC. Your call will produce a personalized letter to your House member in support of LSC that will be hand-delivered to your member on the next day. The letter will state the association's position in support of federal funding for LSC. The price for this call is $ 7.50 to cover our costs. When we walk the halls of Congress to work on this key effort, we know well when your good work has preceded it. Please make this small investment to help assure that America keeps its commitment to "equal justice." I thank you for all who believe in the American justice system. Page 3 115TH STORY of Level 1 printed in FULL format. The Associated Press The materials in the AP file were compiled by The Associated Press. These materials may not be republished without the express written consent of The Associated Press. January 27, 1994, Thursday, AM cycle SECTION: Domestic News LENGTH: 234 words HEADLINE: New Mexico Attorney Likely To Become First Woman ABA President BYLINE: By JOAN GOESSL, Associated Press Writer DATELINE: ALBUQUERQUE, N.M. BODY: New Mexico attorney Roberta Cooper Ramo is a virtual shoo-in to become the first female president of the American Bar Association. Ramo was to be nominated when the ABA's nominating committee meets Feb. 8 in Kansas City as part of the organization's mid-year meeting. She was the only candidate for the one-year term that begins in August 1995. "Her presidency will be a symbol for the entire legal profession, not just the ABA, said Cory Amron, chairwoman of the ABA's commission on women in the profession. "It's also a symbol that women attorneys can and do rise to the top and they make excellent leaders." In 1991, Ramo sought the top spot of the nation's largest lawyers' group but was defeated when the nominating committee chose J. Michael McWilliams of Baltimore. Rochelle Evans, an assistant at ABA headquarters in Chicago, said it was unlikely any new candidates will emerge before next week's meeting. Ramo, 51, and other partners of an Albuquerque law firm disbanded and filed for bankruptcy protection last fall. Amron said the bankruptcy filing was a sign of the times and won't affect Ramo's nomination to succeed Detroit lawyer George E. Bushnell Jr. Ramo now works for the Albuquerque law firm of Modrall, Sperling, Roehl, Harris & Sisk. She is a former president of the Albuquerque Bar Association and former president of the University of New Mexico board of regents. LANGUAGE: ENGLISH LOAD-DATE: January 27, 1994 Page 3 11TH STORY of Focus printed in FULL format. Copyright 1996 PR Newswire Association, Inc. PR Newswire July 12, 1996, Friday; Correction Appended SECTION: Washington Dateline DISTRIBUTION: TO NATIONAL AND LEGAL EDITORS LENGTH: 238 words HEADLINE: STATEMENT OF ROBERTA COOPER RAMO, PRESIDENT OF THE AMERICAN BAR ASSOCIATION, JULY 12, 1996 DATELINE: WASHINGTON, July 12 BODY: The American Bar Association issued the following statement by Roberta Cooper Ramo: "A Congressional House panel took action this week that will deny justice to millions of poor citizens of this country. "The House Appropriations subcommittee voted Wednesday to cut the budget of the Legal Services Corporation by 50 percent to $141 million. It is no coincidence that the $141 million appropriation adopted by the House panel is precisely the figure advocated by those who wish to eliminate this program. as "The U.S. spends less per capita on civil legal services than any other western democratic country. The federal contribution to this your program is quite modest, currently only $278 million. Eliminating this decentralized, locally-controlled program will mean the beginning of the ur end of our system of justice. "The success of our democracy ultimately depends on the faith of our citizens that they will have access to justice. The Legal Services Corporation is our government's best and only vehicle for ensuring that justice is available to all our citizens. This is the American dream. These congressional actions would steal that dream from millions of our most vulnerable citizens. "A vote for $141 million is a vote to kill this essential program. We urge all House Members to restore funding for LSC at no less than $278 million." CONTACT: Dolores Beasley of the American Bar Association, 202-662-1092 CORRECTION-DATE: July 12, 1996, Friday CORRECTION: In DCF005, Statement of Roberta Cooper Ramo, President of the American Bar Association, moved earlier today, we are advised by the organization that the third graph, first line should read, "House Appropriations Committee voted yesterday," rather than "House Appropriations subcommittee voted Wednesday, as originally issued. Page 5 12TH STORY of Focus printed in FULL format. Copyright 1996 PR Newswire Association, Inc. PR Newswire July 12, 1996, Friday SECTION: Washington Dateline DISTRIBUTION: TO NATIONAL AND LEGAL EDITORS LENGTH: 56 words BODY: In DCF005, Statement of Roberta Cooper Ramo, President of the American Bar Association, moved earlier today, we are advised by the organization that the third graph, first line should read, "House Appropriations Committee voted yesterday," rather than "House Appropriations subcommittee voted Wednesday," as originally issued. LANGUAGE: ENGLISH LOAD-DATE: July 13, 1996 THE WHITE HOUSE Office of the Press Secretary For Immediate Release March 5, 1996 REMARKS BY FIRST LADY HILLARY RODHAM CLINTON AT SOUTHERN METHODIST UNIVERSITY DALLAS, TEXAS MRS. CLINTON: ... This lecture which I'm very honored to give. I want to thank my friend Ms. Branson and her husband Frank for their encouragement for me to do this. And it is a great pleasure. I had a wonderful day in Texas. I started in Corpus Christi visiting a school, talking with parents and teachers and students and community leaders about what they are doing to help students, particularly from poor backgrounds, to get the kind of help that they need. I went from there to Uvalde to a great gathering at the former home and now museum of John Nance Garner. I learned that that is a part of Texas and a part of America that produces more mohair than any other. I love to saddle around learning such things. It gives me great pleasure to see the extraordinary diversity in our country and then be able to come here to SMU, an institution that I admire and have followed with great interest for many years. This is a real opportunity for me to reflect on what a legal education and a career in the law has meant in my own life, and not only could mean, but I assume will mean, in the lives of many of the students here and will find some precedence in the lives and careers of those who are teachers and practitioners as well. It is also an opportunity for me to think aloud with you about the ways a career in the law can fulfill its most important purpose -- to be an instrument for promoting the common good, a vehicle for making our society a more just one for all of its citizens. I started law school, as the dean has told you, in 1969. And that was a time of great political and social ferment. Many of us in law school at that time saw the law as an avenue for positive social change for helping the vulnerable, the weak, the poor, for protecting and advancing the Constitution and the Bill of Rights. Then, as now, there were many ways to reach one's goals as a lawyer. And those ways have not diminished but, in fact, expanded in the years since. One could become an advocate, a legislator, a teacher, a litigator, a business counsel, a prosecutor, a public defender -- all the many ways that people with legal training find to fulfill that training in a positive, productive contribution to society. I'm sure all these and many other choices will be reflected in the careers chosen by those who graduate from SMU. But being here on a law school campus, I'm reminded particularly of my experiences as a law professor at the University of Arkansas. I came to that university in the summer of 1974. I had been working on behalf of the House Judiciary Committee. And its impeachment inquiry into President Nixon. That ended with the president's resignation on August 8, and I needed to find a job. I had visited Arkansas because I had met a young man at Yale who was from Arkansas and, literally, that's all he ever talked about was Arkansas. And, when he graduated in 1973, he knew very well what he wanted to do, and that was to go home to teach at the University and see whether or not a legal opportunity existed for him to use his legal career in public service. When I visited him in Arkansas, I met the dean of the law school. And in a casual conversation at dinner one night, the dean said, "You know, if you ever want to teach, give me a call." Life was a lot simpler in those days. So, after President Nixon's resignation, I, with some trepidation, picked up the phone and called the then dean. I said, "Remember when you said 'if I ever wanted to teach to give you a call ?' Well, I have an interest in teaching and an interest in living in Arkansas to see what it is like. Is that offer still good?" He said, "Oh, absolutely." So I then said, "Well, in order to get prepared, what would you like me to teach?" He answered, "I don't know. I'll tell you when you get here." So, about two weeks later, I arrived at a place where I had never lived to take a job I knew nothing about. And there in August of 1974, I began my career as a law teacher. The dean, upon my greeting him when I arrived, said, "Well, I've given this some thought. I want you to teach first-year criminal law. I want you to run the legal aid clinic. I want you to run the prison projects in the state federal prisons. And, by the way, I want you to teach trial advocacy." All of which I had extraordinary experiences in, but had never done in the past. So, I swallowed hard and immediately began trying to figure out how to start. The very first evening after having been given that assignment, I was invited to the town bar association's welcoming cocktail party for the new law school faculty. I don't know if there is a comparable kind of event for new faculty members here, but it was very kind of the president of the bar to take me and to show me around. I quickly concluded that it was also quite amusing because he would take me up to everyone and he would say, "I would like you to meet the new lady law professor." And I would smile and I'd say "How do you do ?" and everyone was very cordial. Until he introduced me to one of the formidable judges in the state at that time, a long-serving chancellor because Arkansas had still chancellery divisions. And he said, "Judge, this is the new lady law professor. She's going to teach them the law and run the legal aid clinic." And this very tall, distinguished man with a handlebar grey mustache looked down at 2 me and said, "Well, I don't have any use for lady law professors or legal aid clinics, but we're glad to have you here anyway." At this moment, I began to wonder about my career choice, but I didn't have much time to reflect upon it because classes started the very next day. So, I desperately tried to stay at least one class ahead of my students. And I began to work in and help create a legal aid program at the University. I knew that there were many people who then, as well as now, did not cotton through the idea of free legal services, and I knew because I had worked in legal aid programs when I was at Yale that it would be something of an uphill struggle. But I never doubted for a minute that it was an important part of my students' experience in law school to have the opportunity to represent real clients with real problems. And I never doubted that it was a critical amendment of our profession. Some of the experiences that I had, both when I was a student doing legal aid work, and then later as the director of the University of Arkansas legal aid clinic, were some of the best experiences I've had in the law. Certainly my interest in working on behalf of children and families was piqued when as a law student, I worked with a local lawyer and a legal aid lawyer in bringing some challenges to the state of Connecticut's policies as to who could or could not adopt children. And the case I remember very well was of a young girl about four years old who'd been with a foster mother for her entire life. And the state decided that they found a better home for her, and they were going to take her from that environment and place her with another family who had been waiting to adopt a child. And the foster mother desperately wanted to adopt this child herself. So we represented this poor foster mother who did not have sufficient funds to hire a lawyer, but who had a very good argument as to why she had created a mother-child relationship with this little girl. And the case was hard fought. In those days, the decision was that it would be better for the child to be moved to an environment that had more material possibilities than to stay with the mother that she had known. A decision that I disagreed with then and a decision I disagree with now. But working on that case opened up my eyes to many of the psychological and emotional and other issues having to do with adoption and foster care. When I began working at the legal aid clinic at the University of Arkansas, I encountered other kinds of challenges. I will never forget a young woman who showed up with her father wanting a divorce. And her father was an elderly gentleman. He'd been a coal miner in western Arkansas. And this young woman had eight children, and she recited to me all the reasons why she wanted a divorce. She told me where she got married and soon 3 began looking for the marriage certificate so that they could make the necessary pleadings. We could not find the place that she had been legally married anywhere. And I was especially concerned about telling this poor woman with eight children that she had never been legally married. Some student came to me and said, "You know, we looked in all the neighboring counties, there's nothing on record. We don't think shes' ever been legally married." So we had her come back in with her father. She sat in my office, and I was just trying to summon up all my empathy, everything I could to let her know what had happened. And I started off by saying, "Well, I've got some difficult news to deliver. We don't think you've ever been legally married." She just gasped and her father said, "Good. I never liked him anyway.' We had experiences like that that you can only have in the kind of practice that comes in the door of a legal aid clinic. In the years since, I have encountered many people like that formidable judge who do not believe in legal services for people who cannot afford them. But despite that opposition, the Legal Services Corporation was created by a bipartisan Congress and signed into law by President Nixon with the idea that local legal aid programs would be funded to assist millions of Americans with their legal problems -- problems that would otherwise go unaddressed. After 22 years, legal aid societies have become a way of American life, and the Legal Services Corporation is one of the institutions our society has to nurture and practice one of its most cherished ideals -- that of justice for all Americans. Last year, legal services programs here and throughout the country helped five million people who otherwise could not afford assistance with evictions and foreclosures and divorces. Often, advice, a referral, a listening ear, a letter, or a phone call is enough to solve a problem. Very few of these cases, as with most practices, need to be resolved in the courts. From my own experiences, which not only included legal aid work, but as a founder of the Ozark Legal Services Corporation in Arkansas, as a former member and then chair of Legal Services Corporation, I know how simple assistance can often head off more complicated problems. But today, the Legal Services Corporation's survival hangs in the balance. Over the past year, opponents in Congress have tried to cut funding and even to kill the Legal Services Corporation. As of the first of this year, funding for the corporation in a temporary spending measure was slashed by one third, and the final fate will be determined later this year. 4 At the same time that the Legal Services Corporation has been under a frontal assault, private law firms, bar associations, and individual lawyers have not only sprung (as they have consistently for more than 20 years) to the defense of legal services, but increased their own donations and pro bono hours to make up for some of the lost funds. That is a critical part of the legal services equation, because even if one has a corporation with paid staff to perform most of the functions needed for representing poor clients, that is not enough. And if it were not for private attorneys, both who contribute dollars to existing legal services operations but, more importantly, contribute their time, there is no way we could reach the many people who need the services. What it means for a poor American who is denied legal services can be seen in the kinds of cases that I used to take care of and that many of you in this room work on as well. We know that if we were in trouble, because for whatever combination of reasons we were to be evicted, or we were subjected to domestic abuse, or we didn't have what we thought we were entitled to with respect to fair pay or fair treatment, we would want someone's help. The poor are no different. Under the current cuts, some 1.3 million people would have been denied help. It would be very difficult to make the distinctions between those who will receive it and those who will not. Congress is also trying to tie the hands of legal aid lawyers by putting restrictions on what kinds of cases such lawyers can take. More troubling to me is that Congress is also trying to restrict the non-public private donations that come from law firms and other sources, so that they, too, cannot be used freely by legal services offices. Now, some of you may be asking yourselves how a debate over the existence of the Legal Services Corporation affects you, our nation's future lawyers. Well, for those who wish to serve in some capacity on behalf of legal services, it is obviously a direct impact. But for most of you, and in fact, for most of us who are lawyers, it has more to do with our society's fundamental commitment to justice, to law, and to progress. Roscoe Pound, the famous dean of the Harvard Law School, once said, "Law must be stable and yet it cannot stand still." He meant that the law must evolve with the times, offering the security of permanence, the hope for change, and new opportunities for us to use the law to benefit the larger society. I believe that both our society and our profession became truer to our fundamental values with the founding of the Legal Services Corporation 22 years ago. The thousands of legal aid lawyers and the many more thousands of private lawyers who donate time to legal aid work are the heart and soul of our profession. They are helping our country uphold the one true contract 5 individuals have with America -- the Constitution, and specifically its promise of justice for all. Each time a legal aid lawyer helps a mother petition for child support, or forces a nursing home to live up to its obligations of taking care of its elderly residents, this country, this society, our profession moves closer to its ideals. I'm not asking all of you to become legal aid lawyers. I'm just asking that all of us consider what it means to be a lawyer today and the absence that those who do practice legal aid would mean to how we fulfill our roles. A career in the law should mean a life of service and a commitment to justice, whether it is in a legal aid office or a classroom or in any other setting where lawyers practice. One of the experiences about growing older is discovering that the struggle for progress in a society is often as important, if not more so, than the end result. At some point, however idealistic we may be or have been, we accept that the principles of fairness, justice, and equality often become flawed in their application. We accept that we will and no one will solve all the problems we see in our lifetime. But we keep striving, we keep struggling for these ideals that we believe have to be kept alive. We remain committed to the process of living up to our own better natures and the values we espouse and the promise of a better future. As so many of you already know, and as many of you are learning, the cause of justice is worth a lifelong struggle. I commend you for being willing in times that are not always favorable to lawyers for being willing to take your place in a profession that is so essential, not only to the operations of a complex society, but to the ideals that that society should attempt to achieve. Thank you very much. [The moderator then asked Mrs. Clinton questions that had been written by members of the audience. Due to the fact that the moderator's questions were barely audible, the wording of the questions has been paraphrased.] MODERATOR: You have time for a few questions. This is a little bit different. We have a third-year law student who has spent many thousand dollars on a degree. How can a person perform pro bono work while faced with paying off law school loans? MRS. CLINTON: Good question, because I know a lot of you have incurred debt. I know that both my husband and I borrowed money and took loans to get through law school. And the debt load wasn't as great as some of you face, and certainly not $80,000, but it was something we had to deal with. 6 I believe that there is still an opportunity, no matter what job you take when you graduate, to do some pro bono work, even if it's just one case, even if its just volunteering in some way. But there is that opportunity, and I would urge you to take it. It doesn't have to be direct service for a client. It could also be work on behalf of a not-for-profit organization that needs some legal assistance. That was one of the things that I enjoyed doing as much as anything in my work in the past -- working with groups that were trying to get organized and get focused and do what they can. So, I would just urge you, even with the debt load that you have and the hours that you will have to work in order to pay that back, save at least maybe a couple hours a month to do something pro bono. MODERATOR: Is the Legal Services Corporation the best way to provide legal services for the poor? Are there any existing services that could substitute for the functions that the corporation performs? MRS. CLINTON: Well, of course, the Legal Services Corporation distributes funds to local legal aid offices that are governed by local boards and make their own decisions. I've served on the board of one, I've worked with one, I have followed how they operate. So I do think that, as I said, the Legal Services Corporation cannot be the only way of providing legal services to the poor. But, I think it's a necessary base that provides a structure that does try to reach into every community. And although it is spread thin, I think it does provide that presence. So, although I encourage local bars and state bars to continue to do and even increase what they're doing directly with legal services and in support of the Legal Services Corporation, I don't think that it would be an efficient way to substitute for what the Legal Services Corporation does. MODERATOR: Do you feel that there are still good opportunities available in public service? MRS. CLINTON: Well, I think there are many opportunities. I believe you have to do what you care about and what you are motivated to do, and not just look for something that makes sense on paper if it doesn't fill you with the desire to make a difference. I think public life -- elected office -- is a very important role for both men and women, but particularly for young women to look to. But, I also think government service -- public service at all levels of government -- is important for people. I'm saddened when I see that the climate seems to suggest that it is not worth government or public life because it is tough, it is not pleasant. I would not stand up here and tell you that it was, because it has not gotten any better, but instead it's gotten worse in the years that I've observed and been part of it. And so you have to know that it's a challenge. 7 But, on the other hand, if that's what you're interested in, I would urge you to do it and just take the risks that go along with it because there are risks doing anything in life. There is no free ride no matter what career choice you make. And there's no guarantee that what you do when you're 25 or 35 will be what you're doing when you're 45 or 55. I did not have a career plan to end up living in the White House married to the President of the United States. That was not something that ever crossed my mind or looked like it might actually happen. So, you can't predict what you're going to do in your own life. So you have to do every day what gives you satisfaction, and if that's public service and its many forms, then please, do it, pursue it, and you all have to stand up and advocate on behalf of what you believe. MODERATOR: What is your viewpoint on the state of ethics in America? MRS. CLINTON: Oh, I think that generally in America, whether its American politics or the American legal profession, I think that if you look and compare the United States to any other country I'm aware of, or any other point in past history, by and large people are ethical, they try live up to their ethical obligations. They can be second-guessed -- I know that from firsthand experience. But, most people I know that I have the chance to observe and work with have tried very hard to fulfill their ethical obligations as lawyers. Now, I do believe that you have to constantly be vigilant and where there are problems, you have to resolve them. But I think sometimes we can get to the point where we strain at a gnat and swallow a camel. There are a lot of choices in the law, just as in life, that are difficult choices. And you do the best you can, and you try to be as ethical and careful as possible. But, if you always keep that in mind, then you are more likely than not to live with yourself and be able to maintain your own standards. And at the end of the day, that is what is really important. So, yes, we have to be conscious of ethical lapses of ourselves and others in the profession. We have to do what we can to make those not be spreaded but instead be refined and possibly be cured. But we also have to recognize that I think we do on balance a better job than sometimes the public gives the legal profession credit for. MODERATOR: What is one of the most important qualities that a lawyer should possess? MRS. CLINTON: I don't have any idea. I mean, for a woman, probably a good haircut. 8 I think that is such a difficult question. Obviously, you know, integrity, character, the things that make for a good person make for a good lawyer. I've often thought that there are many people in professions, not just law, but in other professions as well, who at the end of the day what you look for is good judgement and good judgement is based on experience and thoughtfulness and a sense of a center for the person and the values more important than either the degrees on the wall or the entry in the Martindale (inaudible). So it's very difficult to go beyond what is, you know, basic to what makes a good person. MODERATOR: We have time for one more question. This is from -- we'll give the faculty a little time here -- this is from Professor (inaudible). What role should lawyers play in cases involving children, and how can lawyers provide that representation? MRS. CLINTON: Well, I think that this is one of the continuing challenges that the legal profession has because what we have to do is do a better job in strengthening families and in educating parents to take care of their own children and to limit the amount of intervention into any family on behalf of a child. That is the general principle that should be followed in nearly every case. The unfortunate fact is that we had quite an increase -- and particularly a fanatic increase in the last few years -- in child abuse and neglect. The most numbers of increased cases are in children under four. So that we know that there are, for whatever combination of reasons, children were not being adequately cared for by their own family members. And because we have this conflict, both in the law and inside each of us about wanting to protect the sanctity of the family and enable the family to make decisions for children, on the other hand, not wanting to keep children in dangerous situations and wanting to, insofar as humanly possible, give children a second chance at a loving family, there is a constant conflict in the law and among decision makers when it comes to intervening into families, possibly terminating parental rights, and stepping in as parents patriae and making decisions on behalf of the child. Having both been involved in such cases and having watched this now for about 25 years, I think that we have to be much more careful about when we intervene. But when we intervene, we have to be much more willing to move to terminate parental rights and release children for adoption as soon as possible. And there are many children -- about 100,000 right now -- who are in the limbo of foster care, which is about 450,000 children. And those 100,000 are there despite the fact that they could and should be released for adoption or placement with another family. 9 So I would like to see more effort on the part of lawyers to try to structure some remedies in every state that would use volunteer lawyers to act as advocates for children in the foster care system, volunteer judges keeping the courts open. I think this is a real emergency. So that perhaps within a year or two, as I wrote and suggested in my book, we could make permanent decisions on behalf of the children who are caught in the foster care system. There also has to be clearer direction to parents from whom a child is taken as to what they must do to prove that they are capable of caring for that child. If they are drug addicts, they have to be in some kind of program or forfeit their rights. At a certain point, you have to move the from emphasis on parental rights to looking at what is in the best interest of a child. It is not an easy transition to make, but we leave too many children in dangerous, neglectful situations for too long. So, I would hope that some of the good minds at SMU and other places around the country who care about children, would begin to think through in a practical way, what we can do to solve this constant conflict between the rights of the family and the parents and the needs of the child. And I think lawyers and law students have a great opportunity to be of service in this. I would just like to conclude by saying that one of the things that always noticed (both when I was in law school and when I taught in the law schools) is that domestic relations law -- laws having to do with children -- were not considered to be of the same status as, you know, studying tax code or corporate law or anti-trust and things like that. I always thought that was a real loss for our society. that caring about what happens in the way the law affects our lives as family members is critical to making it possible to strengthen families as opposed to just continuing to allow social conditions to overwhelm them. I think we're at a point now where many people feel that way, and that lawyers have a chance to lead the way. We need to look at divorce laws. I believe divorce laws where children are involved should be harder, or should be breaking mechanisms. I don't know the answers, but I would love to have some people who think seriously about this come up with them. I think this whole foster care/adoption situation is very troubling. The abuse and neglect of children has got to be addressed seriously by lawyers, and not left to overburdened social workers who are doing the best they can often under very tough circumstances. So, there's a real opportunity to look at issues that are difficult and emotional. It's a lot easier reading the code -- believe me. I mean, it doesn't yell at you on the phone, it doesn't cry in your office. But, the issues as to what we're going to do with the family and how we're going to preserve it 10 and strengthen families is, I would argue, one of the most critical issues to the functioning of society and therefore should command the attention and respect of more lawyers so that they can be part of the solutions that we need to find together. Thank you very much. ### 11 for , Elaine Weiss - Chicago - staff person 312-988- 5151 FAX SMU speech 312-958- 312 988- she'll look at il 5227 Speeet shed be: childen, children's ughts , legal services wati a just souch idealist call 6 Lawyers what women's commission is doing now Theme f conference: ? what HRC started is conference is at Disneywold in orlando - pple bis families (v.dip from i sears fast). young lawyles dward Ownin 6 fellows) Public Childer active on Public Service 955cs higher calling 350-500 people legal lewies Wednesday 888-284-6 202-483- 1,5386 USTELLOM WITHOUT LAWYERS THEY'RE ONLY WORDS AA