MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
May 18, 2012
12:00 noon

Members Present:  Elizabeth Brama – Chair, Hon. Regina Chu, Hon. Francis Connolly, Joe Dixon, Roy Ginsburg, Michelle MacDonald, Hon. Frank Magill, Hon. Kerry Meyer, Mike Moberg, Hon. Jay Quam, Nicole Truso. By phone: Sandra Grove, Mary Sherman Hill. MSBA Staff:  Nancy Mischel. 

Reports from Subcommittees:

Education/Training Subcommittee:  Ms. Brama reported that the subcommittee hopes to hold panel discussions on professionalism at all of the law schools, most likely during orientation for the University of St. Thomas Law School and at various times for other law schools.  The presentations would be modeled after the one Judge Quam put together for the Committee and focus on judges, with perhaps the addition of an in-house general counsel and/or a law firm manager.  Mr. Dixon volunteered to serve on this subcommittee. Contact has been made with St. Thomas and the U of MN; other contacts are in the works.  The goal is to present at least two such panel discussions at law schools during the next bar year, with other schools to follow. 

Judge Meyer presented a professionalism CLE to about 100 ABOTA members across the state and included the Aspirations in her materials.

Resources Subcommittee:  Ms. Truso reported that the subcommittee continues to work on a blog entry consisting of a professionalism hypothetical and on updating resources on the Committee webpage. 

The subcommittee agreed to work on ways to publicize the Aspirations and other materials of the Committee once the website is updated.  The subcommittee also agreed to investigate, over the summer, the extent to which professionalism issues arise in the transactional setting. The subcommittee will report its findings at the fall Committee meeting, at which time any further goals will be discussed and decided.

Aspirations Subcommittee:  Judge Chu reported that the subcommittee plans to pursue an amendment to the bar admission oath to include professionalism, as was done in Florida.  Other organizations such as MDLA, MAJ and ABOTA will be approached to support the amendment.  The goal will be to bring a petition for change to the Supreme Court by the end of the next bar year.  An effort will be made to have at least five judges mention their support of the Aspirations on their public webpage.  Members agreed the Aspirations should be handed out at all CLE’s where Committee members are presenting.

Discussion: Achieving a “critical mass” in law firms
Ms. Brama mentioned Professor Hamilton’s theory that a critical mass of attorneys in firms is really needed to act on an idea and make a difference; a few here and there are not sufficient.  The Committee has tried to reach out to firms in a number of different ways in the past.  While some activities have been successful, none have fully achieved the desired results.  The Committee discussed Professor Hamilton's idea, along with other ideas Committee members suggested for next year. 

Planning for 2012-13 bar year: Goals and Workplan
MSBA leadership is asking that Committees think strategically about what they will accomplish during the next bar year.  In addition to the subcommittee items noted above, the Committee decided to focus on in-house counsel this next year, incorporating Professor Hamilton's critical mass proposal to the extent possible.  The idea is to get in-house counsel "buy-in" that action is needed to promote professionalism.  We hope to add in-house attorneys to our Committee, and perhaps combine leaders of major corporations and insurance companies with judge panels to host or lead panel discussions regarding the expectation that attorneys in their offices and their outside counsel will maintain high levels of professionalism not only because it is the right thing to do, but also because it leads to less litigation and therefore saves time and money. 

Over the summer, all Committee members will inquire of in-house colleagues, clients, and friends to determine interest in professionalism activities, programs, and Committee membership.  The Committee will gather the results in the fall and further develop a plan of action based on those results.

Upcoming meetings:  Ms. Brama announced she will no longer be chairing the Committee after this meeting and that the Committee will not be meeting again until the fall.  Members are encouraged to bring someone new with them to a meeting when the Committee reconvenes.  Stay tuned for next year’s Committee schedule. 

 

 

 

MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
March 16, 2012
12:00 noon

Members Present:  Elizabeth Brama – Chair, Hon. Regina Chu, Joe Dixon, Roy Ginsburg, Kimberly Hanlon, Michelle MacDonald, Hon. Frank Magill, Hon. Kerry Meyer, Nicole Truso. By phone: Marlene Garvis, Sandra Grove. MSBA Staff:  Nancy Mischel.  Speakers:  Professor Neil Hamilton.

Meeting:  12:00-12:15 p.m.
Ms. Brama informed the Committee that their responsibility of choosing a winner for the mock trial professionalism award was completed.  Ms. Brama suggested some changes to the nomination form for the future, recommending that it focus more on professionalism than skills.

Reports from Subcommittees:

Education/Training Subcommittee:  Mr. Ginsburg reported that the subcommittee has been working to secure a place on the agenda of the Solo/Small Conference in Duluth this summer for a professionalism presentation.  In addition, the subcommittee is following up on a suggestion from Judge Quam and exploring the possibility of holding panel discussions with judges on professionalism at all of the law schools.

Resources Subcommittee:  Ms. Truso reported that the subcommittee is working on a blog entry consisting of a professionalism hypothetical.  The idea is that others will comment and participate on the blog post.  Once resources on the Committee’s website are updated, the subcommittee will look to the Committee for direction on their next task.

Aspirations Subcommittee:  Judge Chu reported that the subcommittee is interested in pursuing an amendment to the bar admission oath to include professionalism; this was done in Florida.

Presentation:  12:15-1:00 p.m.  Professor Neil Hamilton from the University of St. Thomas educated the Committee regarding research trends in professionalism that he and others have been studying.  Here is a link to Professor Hamilton’s recent article on the empirical research on effective pedagogies for professionalism:
http://ssrn.com/abstract=2004749

Upcoming meetings:  The Committee’s last meeting of the 2011-12 bar year is at noon on
May 18.

 

 

MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
January 20, 2012
12:00 noon

Members Present:  Elizabeth Brama – Chair, Dana Bartocci, Mickey Bebeau, Michael Carr, Hon. Regina Chu, Hon. Francis Connolly, Grant Fairbairn, Michelle MacDonald, Hon. Frank Magill, Cass Weil,.  MSBA Staff:  Nancy Mischel.  Speakers:  Hon. Ann Montgomery, Hon. Jay Quam, Hon. John Tunheim.  Guests:  Laura Arneson, Aisha Elmquist, Kathryn Fodness, Bethany Jennings, Katie Kimlinger, Kelli Lassig, Issa Moe, Nate Nesbitt, Lee Orwig, Libby Smith, Brannon Stephany, Forrest Tahdooahnippah, Matthew Webster, Will Young.

Meeting:  12:00-12:15 p.m.

Reports from Subcommittees:

Education/Training Subcommittee:  Ms. Brama noted that the Civil Litigation Section’s Council has indicated they will partner with the Committee on a CLE regarding professionalism.  The Subcommittee will be asked to follow up and coordinate this CLE with the Section.

Resources Subcommittee:  Ms. Bebeau reported that the Subcommittee has not met since the last Committee meeting in January.

Aspirations Subcommittee:  Ms. MacDonald reported that discussions have taken place among some Subcommittee members since the Committee meeting in January, but they have nothing formal to report.

Next Meeting:  Neil Hamilton, a professor at the University of St. Thomas School of Law will present at the March meeting about research and trends regarding professionalism.  Members are invited to bring guests; MSBA staff will look into the possibility of CLE credit.

CLE Presentation “Trends in Professionalism”:  12:15-1:15 p.m. (approved for one ethics CLE credit, event code 163810)  Judge Quam moderated a panel discussion consisting of Hon. Ann Montgomery and Hon. John Tunheim from the federal bench and insights from Judges on the Committee. 

Upcoming meetings:  The Committee will meet at noon on the following dates:
March 16, 2012
May 18, 2012

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
November 18, 2011
12:00 noon

Members Present:  Elizabeth Brama – Chair, Mickey Bebeau, Roy Ginsburg, Kimberly Hanlon, Mary Sherman Hill (via phone), Michelle MacDonald, Hon. Frank Magill, Hon. Kerry Meyer, Nicole Truso, Cass Weil, Laurie Young.  MSBA Staff:  Nancy Mischel.  

Reports from Subcommittees:

Education/Training Subcommittee:  Subcommittee member Mr. Ginsburg reported that Judge Connolly is working on his article for the Bench and Bar, and subcommittee members will assist Judge Connolly as needed.  The goal is to have this published sometime in the spring or summer.  The subcommittee discussed what groups we could work with to promote professionalism and obtain CLE credits.  The subcommittee decided to focus on the MSBA New Lawyers Section, and work with corporate counsel to promote professionalism and obtain CLE credits.  Mr. Ginsburg has contacts with the ACC re corporate counsel, and Ms. Hanson is working with the MSBA New Lawyers Section chair to find a date in the spring to have a session with that group.

On November 17 the subcommittee had a CLE panel on professionalism as part of the 38th Annual Labor and Employment Law Institute. Hennepin County Judge Jay Quam moderated a panel discussion with Judge Lloyd Zimmerman, Judge John Tunheim, Ann Huntrods, and Don Nichols on the topic of “What is Professionalism and Why is it Important?”  There were close to 50 attendees for the CLE at the end of a long day.  Mr. Moberg introduced the panel, and made a plug for the Professionalism Committee and the Professionalism Aspirations.   Copies of the Aspirations were given to all attendees.  Many of the very experienced practitioners did not even know about the Aspirations. 

Resources Subcommittee:  Chair Ms. Truso reported that the subcommittee will be updating and reorganizing the resources section of the webpage.  The subcommittee asked for feedback regarding the possibility of creating a blog where professionalism hypotheticals could be posted and people could comment.  The Committee is not yet ready to commit to having their own blog, but suggested the subcommittee look into using the MSBA’s current blog (practiceblawg.com) which posts on a variety of topics.  Ms. Mischel will connect Ms. Truso with the appropriate MSBA staff person.

Aspirations Subcommittee:  Subcommittee member Ms. Hanlon reported that Florida has added a civility pledge to their oath of admission.  The subcommittee will develop proposed language for Minnesota to do the same and bring it to the Committee’s January meeting for consideration.  The subcommittee is discussing an article about the aspirations and proposed changes to the oath of admission.  Because Judge Connolly is already working on a submission to Bench & Bar, members suggested other avenues for publication such as Minnesota Lawyer, MWL’s magazine and HCBA’s magazine.  HCBA has already asked Ms. Hanlon if she would like to write something for their June issue.  The subcommittee is still working on finalizing the language around the Committee’s goals for the website, and will report its proposed final language at the January Committee meeting.

Ideas for Additional Meeting Topics:  Committee members expressed interest in hearing from speakers at their future meetings, in additional to the subcommittee reports.  Ms. Bebeau could present on her research in the area of professional and moral development.  Ms. Brama will contact Professor Neil Hamilton to see if he is available for an upcoming Committee meeting.  A panel of judges presenting on what they see in the courtroom in terms of professionalism is another topic of interest.  Judge Meyer will speak with Judge Quam about his interest and availability to join the judges on the Professionalism Committee in leading a discussion at one of the remaining 2011-2012 Committee meetings.

Upcoming meetings:  The Committee will meet at noon on the following dates:
January 20, 2012
March 16, 2012
May 18, 2012

 

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
September 16, 2011
12:00 noon

Members Present:  Elizabeth Brama – Chair, Mickey Bebeau, Hon. Regina Chu, Hon. Francis Connolly, Paul Darsow, Sandra Grove, Kimberly Hanlon, Michelle MacDonald, Hon. Frank Magill, Hon. Kerry Meyer, Michael Moberg, Nicolet Truso, Cass Weil, Laurie Young.  MSBA Staff:  Nancy Mischel.  

Reports from Subcommittees:

Education/Training Subcommittee:  Subcommittee chair Mr. Moberg reported that the Committee will introduce a professionalism CLE at the Employment Law Institute.  Judge Connolly continues to work on a professionalism article for Bench & Bar magazine.  Suggestions were made to try and hold some CLE programs in greater Minnesota through the district bar associations, and to make inroads with corporations, possibly through the MSBA’s corporate counsel section.  Judge Chu will talk to the MSBA’s Civil Litigation Section about cosponsoring a CLE program on Professionalism.  Other suggestions included the various MN CLE Institutes and the MN County Attorney Association.  Members of this subcommittee include:  Mike Moberg, Judge Connolly, Judge Meyer, Laurie Young and Roy Ginsburg.

Resources Subcommittee:  Ms. Brama reported that Nicole Jackson is unable to continue chairing this subcommittee.  Ms. Truso volunteered to chair and reported that the subcommittee has gathered a number of articles for publication on the Committee website that are close to or ready for posting.  The subcommittee will work with Ms. Mischel to update the Committee’s website and add articles.  Members of this subcommittee include:  Nicole Truso, Nicole Fredricks Jackson, Mickey Bebeau, Sandy Grove, Judge Magill and Paul Darsow.

Aspirations Subcommittee:  Ms. MacDonald and Judge Chu reported for Subcommittee Chair Marjorie Rapp, who was not present at the meeting.  The subcommittee will identify a subcommittee chair prior to the next meeting.  The subcommittee will also be finalizing language explaining the sub-committee’s overall goal, and expects to work on a professionalism-focused Committee event for this bar year.  Members of this subcommittee include: Judge Chu, Cass Weil, Michele MacDonald, Kimberly Hanlon and Marjorie Rapp.

All members are asked to sign up to work with a subcommittee. Subcommittees should meet and work on their goals during the months between regular Committee meetings.

The Committee discussed whether to focus this year on a particular aspect of professionalism.  It was agreed to address lawyer professionalism in the business world, to encourage interaction with corporate counsel.  While subcommittees will seek opportunities to incorporate this focus into activities, not all efforts need to revolve around this element of professionalism.

Next meeting:  Elements of legal professionalism in the corporate world will be discussed at the Committee’s next meeting, which is Friday, November 18 at no

MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
May 20, 2011
12:00 noon

Members Present:  Elizabeth Brama – Co-Chair, Michelle MacDonald (by phone) – Co-chair, Dana Bartocci, Hon. Francis Connolly, Nicole Fredricks Jackson, Roy Ginsburg, Sandra Grove (by phone), Michael Moberg, Marjorie Rapp (by phone), Cass Weil, Laurie Young (by phone),  Guests:  Law student Kari Wilberg.  MSBA Staff:  Nancy Mischel.  

Reports from Subcommittees:

Education/Training Subcommittee:  Mr. Moberg reported that 75 people attended the May HCBA CLE program on professionalism.  Judge Connolly continues to work on the article for Bench & Bar magazine.  The subcommittee is developing CLE materials for a fall CLE program that will involve judges.

Resources Subcommittee:  Ms. Jackson reported that the subcommittee has gathered a number of articles for publication on the Committee website and will work on posting over the summer. The subcommittee will continue to work over the summer on a plan to update the Committee’s website to make it more user friendly and easier to locate.

Aspirations Subcommittee:  Ms. Rapp reported that the April 27, 10-year anniversary celebration of the Professionalism Aspirations at Cosmos was a great success with 40-50 people in attendance.   The subcommittee will likely meet over the summer to discuss language for this subcommittee’s goal consistent with the Committee’s vision, and additional items they plan to accomplish next year. 

MSBA Professional Excellence Award Nomination:  This is an annual award given by the MSBA.  A motion was made for the Committee to nominate Lisa Montpetit Brabbit for the award.  The motion was seconded and passed.  Ms. Brama, Ms. Fredricks and Ms. Bartocci agreed to work on the nomination and submit it by Monday’s deadline.

Next Meeting:  September 2011, date and time TBD.  The Committee does not meet over the summer.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
March 18, 2011
12:00 noon

Members Present:  Michelle MacDonald - Cochair, Mickey Bebeau, Hon. Regina Chu, Hon. Francis Connolly, Paul Darsow, Nicole Fredricks Jackson, Roy Ginsburg, Sandra Grove, Hon. Kerry Meyer, Michael Moberg, Anne Moelk, Cass Weil.  Guests:  Law student Michael Smet.  MSBA Staff:  Nancy Mischel.  

Reports from Subcommittees:

Education/Training Subcommittee: 

The Hennepin County Bench & Bar Committee is sponsoring a CLE program on ethics on May 12 at noon.  The program will be telecast and registration is through the HCBA at: http://www.hcbar.org/category/5277/calendar-and-events.htm

Judge Connolly has put together the outline of an article for Bench & Bar. The magazine’s editor will review the outline and let Judge Connolly know whether or not to proceed with writing a full article. 

The subcommittee is reviewing the training materials on the Committee website.  They plan to have suggested edits ready for the full Committee’s review at the May meeting.  The goal is to use the materials in CLE programs starting in the fall.

Resources Subcommittee: 

The subcommittee has assembled a list of ABA and Law School resource links for the website.  They are working on the following items:  researching blogs and books to include as resources on the website; developing practical application suggestions; and reviewing articles currently on the website to determine if they are still appropriate. 

Aspirations Subcommittee: 

There will be a 10 year anniversary celebration of the Professionalism Aspirations on April 27 from 5-7 p.m. at Cosmos in Block E, downtown Minneapolis.  There will be a cash bar, but happy hour prices, and Cosmos is donating some free appetizers.  Every Committee member is asked to attend and bring a guest or two, picking up their tab.  There will be a brief presentation to acknowledge the original authors of the Aspirations and talk about the Committee’s work. 

Right now only 18 people have RSVP’ed for the event.  Further outreach will be done.  Notice of the event is in the March edition of Bench & Bar magazine, which just came out last week.

MSBA Professional Excellence Award Nomination:  This is an annual award given by the MSBA.  A Committee member suggested nominating Lisa Brabbit from St. Thomas School of Law.  Ms. Mischel will send her biographical information to the Committee for review.

Mock Trial Professionalism Awards & Banquet Report:
Ms. MacDonald reported that she and Liz Brama attended the Mock Trial banquet in Duluth to present the mock trial professionalism awards.  The team award went to New Life Academy.  Ms. MacDonald stayed for the final championship round, which was standing room only.

Review and comment on proposed MSBA mission, vision, values, goals – Members were asked if they had any comments to the proposed MSBA mission, which will be presented to the Assembly in late April.   A suggestion was made that if the Assembly adopts the proposal, the definition of professionalism contained therein be added to the Committee’s website.  A question was raised regarding how the MSBA will know if it has made a difference or achieved success with regard to its strategic plan.  Ms. Mischel noted that benchmarks will be added once the items to be worked on in the coming year are determined, contingent on the Assembly approval of the document in April.

Next Meeting:  Friday, May 20, 2011 at noon

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
January 21, 2011
12:00 noon

Members Present:  Elizabeth Brama and Michelle MacDonald - Cochairs, Michael Carr, Hon. Regina Chu, Hon. Francis Connolly, Nicole Fredricks Jackson, Roy Ginsburg, Roger Kramer, Hon. Frank Magill, Hon. Kerry Meyer, Michael Moberg, Marjorie Rapp, Mary Sherman Hill, Nicole Truso.  Guests:  Law students Tisidra Jones and Aaron Knoll.  MSBA Staff:  Nancy Mischel.   Via Telephone:  Kari Wilberg, Darwin Williams. 

Reports from Subcommittees:

1.  Education/Training Subcommittee: 
The subcommittee is looking to publish an article in Bench & Bar magazine featuring notable and well-respected attorneys and judges commenting on positive examples of professionalism that impacted their careers.  The subcommittee welcomes suggestions as to lawyers the article might feature, particularly in the corporate context.

The subcommittee is reviewing the training materials on the Committee website to ensure they are still timely, and will likely add a few hypotheticals related to technology. 

2.  Resources Subcommittee: 
The subcommittee reviewed the Committee’s materials on the website.  They suggest rescanning some documents to improve their appearance.  The subcommittee plans to add relevant blog links to the site, in addition to journal articles, and they will follow up on a suggestion to contact ethics/professionalism faculty at law schools other than St. Thomas to solicit any articles they may have published on professionalism.  The subcommittee also plans to create a catalogue of professionalism issues/problems with links to articles addressing them.  The Committee responded favorably to the idea of publishing an article in Bench & Bar magazine containing hypothetical situations (or real-life situations with confidentiality ensured) with suggested ways to respond.  The subcommittee will approach Bench & Bar editor Judd Haverkamp regarding interest in such an article or ongoing column.

3.  Aspirations Subcommittee: 
There will be a 10 year anniversary celebration of the Professionalism Aspirations on April 27 from 5-7 p.m. at Cosmos in Block E, downtown Minneapolis.  There will be a cash bar, but happy hour prices, and Cosmos is donating some free appetizers.  Every Committee member is asked to attend and bring a guest or two, picking up their tab.  There will be a brief presentation to acknowledge the original authors of the Aspirations and talk about the Committee’s work. 

The subcommittee plans to contact all judges and request they include in their biography pages that they expect lawyers to comply with the Aspirations.  The subcommittee also hopes to have a link to the Aspirations posted on the MSBA website’s homepage.

The subcommittee agreed to address proposed language for an Aspirational Goal at a future meeting.

Update on Professionalism Commitment Letter
Liz Brama suggested that further work on this be postponed while the subcommittees focus on their goals.

Discussion Regarding Outreach to Private Firm and In-House Lawyers
Mr. Ginsburg suggested exploring whether the court would add to the attorney licensing renewal paperwork a checkbox stating “I have read the Professionalism Aspirations.”  The Committee supported this suggestion, and the Aspirations Subcommittee will address it at a future subcommittee meeting

All subcommittees adjourned to schedule at least one subcommittee meeting before the next full Committee meeting in March.  Subcommittees are encouraged to conduct at least one meeting between each full Committee meeting, and at least one meeting over the summer.

Next Meeting:  Friday, March 19, 2011 at noon

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
November 19, 2010
12:00 noon

Members Present:  Elizabeth Brama and Michelle MacDonald - Cochairs, Dana Bartocci, Mickey Bebeau, Hon. Regina Chu, Hon. Francis Connolly, Paul Darsow, Sandra Grove, Nicole Fredricks Jackson, Hon. Frank Magill, Hon. Kerry Meyer, Mike Moberg, Marjorie Rapp, Mary Sherman Hill, Nicole Truso.  Guests:  Law students Tisidra Jones and Aaron Knoll.  MSBA Staff:  Nancy Mischel.  

Discussion of Strategic Planning Recommendations:  Ms. Brama referred to the strategic planning subcommittee’s report, which was distributed prior to the meeting.  Members discussed whether the current Committee’s goal “to promote lawyer professionalism in Minnesota” is too narrow in that it focuses solely on lawyers.  The Committee agreed to change the word “lawyer” to “in the legal community” in order to more properly reflect the scope of the Committee’s past and future goals and activities.

The Committee then reviewed its goals, and agreed to amend them as follows: “To educate and train develop and coordinate education and training on the topic of professionalism with law firms and judges in the legal community; to serve as a clearinghouse primary resource for information on professionalism; and to promote the use incorporation of the Professionalism Aspirations into everyday practice.”  

The strategic planning subcommittee had proposed to further amend the second goal to delete the phrase “information on professionalism” and replace it with “practical professionalism information in the State of Minnesota.”  After some discussion, it was decided to charge the newly established Resources Subcommittee with bringing a proposal to the Committee regarding the best possible phrasing of this goal.

Development of Subcommittees:  Ms. Brama proposed that the Committee organize itself in three subcommittees around the three identified goals.  The Committee members agreed.
1.  Education/Training Subcommittee:  Chaired by Michael Moberg; other members include Dana Bartocci, Hon. Francis Connolly, Hon. Kerry Meyer, and Paul Darsow.
2.  Resources Subcommittee: Chaired by Nicole Jackson Fredricks; other members include Nicole Truso, Mickey Bebeau, Sandy Grove, Judge Frank Magill and Aaron Knoll.
3.  Aspirations Subcommittee:  Chaired by Marjorie Rapp; other members include Hon. Regina Chu, Mary Sherman Hill, Michelle MacDonald, and Tisidra Jones.

Each subcommittee is charged with setting individual agendas for the year that will serve and promote the goal of the subcommittee, and Committee as a whole.  Subcommittees were asked to meet before the next regular Committee meeting so that they are prepared to report their proposed agenda and activities to the Committee.  Committee members who were not present for the November Committee meeting are strongly encouraged to join a subcommittee of their choosing.

Other Business:  Ms. Brama mentioned that several years ago the MSBA sent a letter to firms asking them to sign the Professionalism Commitment letter.  No follow-up with firms has been done since that time. To date, 13 firms have signed the letter.  Ms. Brama and Ms. MacDonald agreed to consider the prior MSBA letter, and determine what, if any, next steps should be taken.  Ms. Rapp, Ms. Truso, and Mr. Moberg volunteered to assist.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
September 10, 2010
12:00 p.m.

Respectfully submitted,
Michelle MacDonald, Co-Chair

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
November 20, 2009
12:00 p.m.

Members Present:  Mickey Bebeau, Elizabeth Brama, Grant Fairbairn, Walter Kaminsky, Michelle MacDonald, Anne Moelk, Marjorie Rapp, Laurie Young.  By phone:  Victoria Brenner, Hon. Janice Culnane, Nicole Fredricks Jackson, Nancy Lochner, Cass Weil, MSBA Staff:  Nancy Mischel.   

The meeting was chaired by Ms. Mischel at the request of Chair Sherri Hawley who was unable to attend.

Discussion regarding Subcommittees:
Members discussed whether the current subcommittee structure (law firms, law schools and judges) is working.  Members agreed forming subcommittees around tasks would be more relevant.  For example, a subcommittee on CLE/trainings and another on articles could be formed. 

A suggestion was made that the Committee provide a scholarship for law students to submit an essay on an area of professionalism. The focus would be on first year law students.  Ms. Mischel reported there is not currently any money in the budget to support this, although the Committee could make a special request to the Operations Committee.  Ms. Brama suggested law firms might be willing to contribute something.  A top prize of $1000, plus two runner-up prizes of $500 each was mentioned, along with the possibility of a free one year subscription to Bench & Bar magazine.  Ms. Bebeau mentioned the dental profession has a similar scholarship and is has been difficult to get enough submissions.  Ms. Brama agreed to work on the scholarship idea along with Ms. Moelk. 
 
9 Days in June:  Ms. Mischel provided a brief background for Committee members on the revised format of the MSBA Convention which will now occur over 9 days in June.  A shortened one day Convention will travel to each of the outstate judicial districts, with a grand finale held in the Twin Cities area on the 9th day.

Each district will be presented with a “menu” of possible CLE options for their day.  Members were asked to let Ms. Mischel know if they would volunteer to present the professionalism CLE on any of the days scheduled for outstate MN. 

Mr. Kaminsky reported that he, Judge Connolly and Judge Hoffman presented the professionalism CLE to the MN County Attorneys Association.  At least 100 county attorneys were present.

Professionalism Nomination Ideas:  Ms. Mischel informed the Committee that the MSBA was seeking nomination for the annual Professionalism Award.  Ms. Mischel will email to members the list of past recipients.

Articles:  Judge Culnane volunteered to write an article on outstanding examples of
professionalism.  Ms. Rapp, Ms. Bebeau and Ms. Moelk agreed to assist with the article.

Ms. MacDonald , Ms. Young and Judge Culnane agreed to work on an article regarding ex parte communication, possibly using a Q&A format.

The meeting adjourned at 1:00 p.m.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
September 18, 2009
11:30 a.m.

Members Present:  Sherri Hawley - Chair, Elizabeth Brama, Mike Carr, Hon. Francis Connolly, Roy Ginsburg, Sandy Grove, Nicole Fredricks Jackson, Walter Kaminsky (by phone), Jonathan Levy, Michelle MacDonald, Marjorie Rapp, Mary Sherman Hill, Cass Weil, Laurie Young.  Guests:  Law students Juliana Cadavid and Allison Ovenden.  MSBA Staff:  Nancy Mischel.   

CLE Program: 
Judge Connolly, Mr. Carr and Mr. Ginsburg presented an interactive CLE using two of the professionalism hypotheticals from the Committee’s website.  Part of the purpose of the CLE was to demonstrate for Committee members how easy it is to put on this CLE program for different groups. 

Updates on Other Business:
Ms. Hawley briefly reviewed the past work of the Committee.  Judge Connolly, Judge Larkin, Ms. MacDonald and Mr. Ginsburg presented the professionalism CLE at the MSBA Convention in June.  Mr. Kaminsky hopes to have the CLE presented to county attorneys in early December and Ms. MacDonald is working to include the CLE at the Collaborative Law Institute.

Ms. MacDonald is also working on a professionalism article concerning ex parte communication; Ms. Young agreed to help her with it.

The meeting adjourned at 1:00 p.m

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
May 15, 2009

Members Present:  Hon. Francis Connolly and Sherri Hawley, Co-Chairs, Mickey Bebeau, Julius Gernes, Sandy Grove, Victoria Jacobson Brenner, Walter Kaminsky, Michelle MacDonald, Marjorie Rapp, Mary Sherman Hill, Cass Weil, Hon. Bruce Willis, Laurie Young.  Staff:  Nancy Mischel.   Guest:  Hon. Michelle Larkin.

Accomplishments of the Committee during the 2008-09 Bar Year:
Judge Connolly spoke to the Olmstead County Bar in February regarding professionalism in family law. 

Judge Connolly presented a professionalism CLE to the MSBA’s New Lawyers Section on March 19.

Judge Connolly is presenting a CLE at Moss & Barnett law firm on May 21.

Judge Connolly, Ms Hawley and Kay Hunt presented a CLE on professionalism at the Appellate Practice Institute.

Ms. Hawley and Ms. MacDonald presented a professionalism CLE for the 10th District public defenders office on April 9.

Judge Connolly, Judge Larkin, Mr. Ginsburg and Ms. MacDonald will present a one-hour CLE breakout session at the MSBA Convention in Duluth on Friday, June 26 at 10:30 a.m.

Ms. Hawley wrote an article on professionalism for the Family Law Forum, a publication of the MSBA’s Family Law Section.

Materials for Professionalism CLE’s are available at:
http://www.mnbar.org/committees/professionalism/resources.asp

SubCommittee Reports

New Business
Ms. Rapp recommended the Committee coordinate a CLE program with LCL (Lawyers Concerned for Lawyers).

In an effort to encourage more members to present CLE’s, Ms Hawley recommended the Committee hold a training program for themselves.  This idea was uniformly approved.  The first meeting of the next bar year will be longer than normal to allow for this training to take place.

Judge Connolly suggested teaming up with Judge Quam in the Fourth Judicial District.  Judge Quam is taking judges into law firms so associates can participate in mock trials.  The Committee could add a professionalism component.

Ms. Bebeau reported that she was invited to present at a conference sponsored by the National Institute for Teaching Ethics & Professionalism in Georgia.   She thought it was an excellent conference and recommended someone from the Committee attend.  It is normally held twice a year and there are scholarships available.  Members suggested Ms. Hawley try to attend in the future.  The website for the Institute is:
http://law.gsu.edu/ccunningham/Professionalism/NIFTEP/

Judge Connolly noted that while he will continue serving as a member of the Committee, he will no longer be cochairing next year.  The Committee will begin meeting at the MSBA offices in Minneapolis, rather than the Judicial Center in St. Paul, beginning in September.

The meeting was adjourned at 12:50 p.m. 

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
March 20, 2009

Members Present:  Hon. Francis Connolly and Sherri Hawley, Co-Chairs, Liz Brama, Hon. Janice Culnane, Sandy Grove, Michelle MacDonald.  Staff:  Nancy Mischel. 

SubCommittee Reports

 

Other Speaking Engagements
Judge Connolly spoke to the Olmstead County Bar in February regarding professionalism in family law. 

Judge Connolly presented a professionalism CLE to the MSBA’s New Lawyers Section on March 19.

Judge Connolly, Ms Hawley and Kay Hunt presented a CLE on professionalism at the Appellate Practice Institute.

Ms. Hawley is presenting a professionalism CLE for the 10th District public defenders office on April 9 at 8:45 a.m.  She would like another member to present with her; please contact Ms. Hawley if you are interested.

Judge Connolly, Mr. Ginsburg and Ms. MacDonald will present a one-hour CLE breakout session at the MSBA Convention in Duluth on Friday, June 26 at 10:30 a.m.

Other Business
Ms. Hawley and Judge Culnane chose the Professionalism Award winners for the Mock Trial program.  Ms. Hawley presented the awards at the state tournament banquet in Duluth in March.

Ms. Hawley is writing an article on professionalism for the Family Law Forum.

Judge Connolly requested Committee members make efforts to recruit additional members.

The meeting was adjourned at 12:50 p.m.  The Committee’s next meeting is Friday, May 15 at noon at the MN Judicial Center.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
January 16, 2009

Members Present:  Hon. Francis Connolly and Sherri Hawley, Co-Chairs, Mickey Bebeau, Hon. Janice Culnane, Julius Gernes, Mary Sherman Hill, Walter Kaminsky, Marjorie Rapp, Laurie Young.  Staff:  Nancy Mischel. 

SubCommittee Reports

Other Speaking Engagements
Judge Connolly, Mr. Ginsburg and Ms. MacDonald will present a CLE at the MSBA Convention in Duluth, most likely the morning of June 26

Judge Connolly is speaking to the MSBA’s New Lawyers Section in March. 

Ms. Rapp will contact Lawyers Concerned for Lawyers (LCL) to see if they are interested in a CLE on professionalism.  Mr. Kaminsky will do the same with the county attorneys. 

The meeting was adjourned at 12:50 p.m.  The Committee’s next meeting is Friday, March 20 at noon at the MN Judicial Center.

MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
November 20, 2008

Members Present:  Hon. Francis Connolly and Sherri Hawley - Co-Chairs, Micky Bebeau, Michael Carr, Grant Fairbairn, Nicole Fredricks Jackson, Sandra Grove, Jonathan Levy, Nancy Lochner, Anne Moelk, Elise Peterson, Mary Sherman Hill, Michelle MacDonald, Marjorie Rapp, Cass Weil, Bruce Willis, Laurie Young.  Staff:  Nancy Mischel. 

SubCommittee Reports

Professionalism CLE’s
The Convention Committee has agreed to have the Professionalism Committee provide a one-hour ethics CLE presentation during the MSBA Convention in Duluth June 24-26, 2009.  Mr. Carr did a similar presentation using professionalism hypotheticals at a bench & bar outreach conference some months ago.

Judge Connolly and another judge will present a CLE on professionalism at the Appellate Law Section’s Institute on March 6.

Other Business
The four law schools are sponsoring a professionalism development and student networking event on February 19 from 3:30-5:30.  Anyone wishing to volunteer should contact Ms. Fredricks Jackson. 

The Committee briefly discussed how lengthy delays in family law court hearings due to cuts in courthouse hours and the increase in criminal cases (leading to delays in civil cases) are causing conflict between the bench and bar. 

Members agreed a listserv for professionalism would be helpful; it could be used to distribute information regarding upcoming events, seek advice, and find volunteers to plan and present CLE’s.

The meeting was adjourned at 1:00 p.m.  The Committee’s next meeting is Friday, January 16 at noon at the MN Judicial Center.

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\MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
September 12, 2008

Members Present:  Hon. Francis Connolly - Co-Chair, Michael Carr, Hon. Janice Culnane, Grant Fairbairn, Julius Gernes, Roy Ginsburg, Sandra Grove, Mary Sherman Hill, Walter Kaminsky, Michelle MacDonald, Cass Weil.  Staff:  Nancy Mischel. 

SubCommittee Reports

Judge Connolly encouraged each subcommittee to accomplish at least one thing this year.

Mr. Carr will contact his former employer, Arthur Chapman, to arrange for Judge Connolly and Mr. Gernes to make a CLE presentation to the attorneys there.  Mr. Gernes asked if the hypothetical professionalism scenarios that have been used in past programs could be made available either by posting them on the Committee’s webpage or sending them to members via email.  Ms. Mischel will contact MN CLE to see if they will give permission for this, since they published the original materials.

Members discussed various upcoming institutes where the Committee might make a presentation that qualifies for ethics credit.  Mr. Ginsburg suggested Judge Connolly contact Frank Harris, Executive Director of MN CLE, regarding the Committee’s desire to present at CLE institutes. Judge Connolly agreed to do so.

Bench & Bar Article
Judge Connolly reminded the Committee of their goal to publish an article in the Bench and Bar Magazine.  Members reviewed possible topics, including a counter article to admonitions that would focus on excellent examples of professionalism in practice.  Another suggestion was an article on ex parte communication, perhaps presenting a hypothetical scenario and having three or four different judges respond as to how they would handle it. 

Ms. Mischel will email to members a link to the article that the Committee had in Bench & Bar in 2006.  Ms. Mischel noted that Committee member Liz Brama, who was unable to attend today, published an article on professionalism in the September 2008 issue Hennepin County bar association magazine.  Ms. Mischel will contact Ms. Brama to see if we can send it to our members and post it on our website.  Members suggested perhaps Ms. Brama’s article could be republished elsewhere, for example, in the National Association of Subrogation Professional’s magazine. 

Professionalism CLE at the MSBA Convention
The Convention Committee has agreed to have the Professionalism Committee provide a one-hour ethics CLE presentation during the MSBA Convention in Duluth June 24-26, 2009.  Judge Connolly, Mr. Ginsburg and Ms. MacDonald agreed to be the presenters.  They will review the hypotheticals from the CLE materials developed some time ago and choose 2-3 to use.

The meeting was adjourned at 1:00 p.m.  The Committee’s next meeting is Friday, November 21 at noon at the MN Judicial Center.

MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
May 16, 2008

Members Present:  Darwin Williams - Chair, Dana Bartocci, Nicole Fredricks, Marlene Garvis, Sandra Grove, Sherri Hawley, Michelle MacDonald, Marjorie Rapp, Cass Weil.  Staff:  Nancy Mischel.  Guests:  Lisa Montpetit Brabbit, Dave Bateson, and Christina Hilleary.

SubCommittee Reports

Student Observation Rule
Ms. Brabbit, from the University of St. Thomas School of Law reported that since she and others from St. Thomas last appeared before the Committee in January, a working group of 71 interested people went through approximately ten drafts of the proposed Rule 3 – Student Observation Rule.  The rule will extend the attorney/client privilege to law students being mentored by attorneys, which five other states have already done.  The four law school deans support the proposal.  The proposed rule was presented to the MSBA’s Rules of Professional Conduct (RPC) Committee, which did not vote to advance it as a Committee.  The RPC Committee expressed concern that the proposal was too broad in scope in that it might apply both to representation and observation, and that perhaps it would be preferable to take a legislative approach.  Since that meeting, two amendments were made to the proposal based on specific recommendations from members of the RPC Committee.  Ms. Brabbit presented the issue to Justice Paul Anderson, who recommended the proposal come to the Court first, rather than the legislature.  Ms. Garvis moved the Committee support the proposed Rule.  The motion was seconded and all members present voted in favor.  Because there was not a quorum, the votes of remaining Committee members will be solicited via email. 

Bench & Bar Article
Mr. Williams reminded the Committee of their goal to publish an article in the Bench and Bar Magazine.  Members discussed possible topics, including a counter article to admonitions that would focus on excellent examples of professionalism in practice.  Another suggestion was an article on ex parte communication, perhaps presenting a hypothetical scenario and having three or four different judges respond as to how they would handle it.  Ms. MacDonald and Ms. Grove volunteered to assist those who earlier agreed to work on this project (Ms. Moelk, Judge Culnane, Ms. Garvis and Mr. Williams) over the summer.

The meeting was adjourned at 1:15 p.m. 

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
January 18, 2008

Members Present: Darwin Williams - Chair, Elizabeth Brama, Honorable Janice Culnane, Nicole Fredricks, Julius Gernes, Honorable Francis Connolly, Sandra Grove, Sherri Hawley, Todd Kenyon, Jonathan Levy, Mike Moberg, Anne Moelk, Matt Reinsmoen, Cass Weil. Staff: Nancy Mischel. Guests: Lisa Montpetit Brabbit, Dave Bateson, and Christina Hilleary.

Presentation by Lisa Montpetit Brabbit, Dave Bateson and Christina Hilleary
Ms. Brabbit, Mr. Bateson and Ms. Hilleary from the University of St. Thomas School of Law provided information to the Committee regarding the difficulty of having students in their mentor externship program participate in client meetings with their mentors without risking waiver of the attorney/client privilege. The difficulty stems from the fact that not all cases fit within the student practice rules. St. Thomas, in such instances, has worked from the premise that an agency relationship exists and therefore the attorney/client privilege is not waived. However, there is no case law on the question and many mentors are uncomfortable with the lack of certainty. The result is many students are not able to experience first-hand how attorneys advise actual clients.

The St. Thomas group requested assistance from Committee members in further exploring the issue and possible solutions, such as amending the student practice rules to encompass a broader array of cases. There was general consensus this would be easier than trying to amend the attorney/client privilege. All four law school deans will be meeting to discuss this issue in early February. Jon Levy, Sandra Grove, Julius Gernes and Judge Culnane volunteered to work with the St. Thomas group and report back to the Committee. Committee members not in attendance should contact Ms. Brabbit if they would like to volunteer.

In terms of process, the Committee may decide to sponsor an official recommendation for the MSBA to be heard at a future Assembly meeting.

SubCommittee Reports

1. Law Schools - Ms. Moelk reported that an attempt to hold a meeting of this subcommittee around Thanksgiving was unsuccessful. They will be meeting in February with the goal of developing a one-page best practices for students regarding use of Facebook, MySpace, etc.

2. Law Firms - This subcommittee will be presenting a one hour program at the MN CLE Ethics seminar on April 2. Mr. Williams' firm (Jardine, Logan & O'Brien) is planning to have the subcommittee do an in-house CLE at the firm in May. The subcommittee will also discuss presenting at the MSBA annual convention.

3. Courts -Judge Connolly reported that he presented at the Lawyers Professional Responsibility Board in September regarding the difference between unethical and unprofessional conduct.

Bench & Bar Article
Mr. Williams has obtained some information regarding standards for publishing an article in the Bench and Bar Magazine. Members briefly brainstormed article ideas. Ms. Moelk, Judge Culnane, and Marlene Garvis agreed to work with Mr. Williams on this project.

The meeting was adjourned at 1:15 p.m.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
September 21, 2007

Members Present: Darwin Williams - Chair, Dana Bartocci, Nicole Fredricks, Julius Gernes, Sherry Hawley, Honorable John Hoffman, Walter Kaminsky, Todd Kenyon, Roger Kramer, Jonathan Levy, Mike Moberg, Anne Moelk, Marjorie Rapp, Matt Reinsmoen, Eric Schieferdecker, Cass Weil. Staff: Nancy Mischel

Welcome and Introductions; Review of Committee Purpose and Goals
Chair Darwin Williams welcomed new and returning members to the Committee and members introduced themselves. Mr. Williams stated that the Committee's purpose is to develop and coordinate education and training on the topic of professionalism, to serve as a clearinghouse for information on professionalism and to promote the use of the Professionalism Aspirations. We do not have a discipline or a rules-oriented focus. The Committee is concerned with promoting and fostering ethical professional identity within attorneys.

SubCommittee Reports

1. Law Schools - Ms. Moelk reported that the first meeting of this subcommittee is October 4. The focus this year will be facebook and other online meeting places. Last year the subcommittee served as a focus group of law students for the MSBA's membership committee. Other past activities of the subcommittee include development of a brochure with model interview questions pertaining to professionalism. A series of five flyers on professionalism were created, with one being distributed each semester to all law school students. This fall the fourth flyer in the series was distributed by all four Minnesota law schools.

2. Law Firms - Mr. Gernes and Ms. Hawley reported on the mailing that was sent to the 50 largest firms last year asking them to sign a professionalism commitment letter. About 10 firms have done so. The subcommittee also presents CLE's on professionalism, using materials and hypotheticals that were created by committee members. Mr. Gernes encouraged new members to check with their firms to see if there is interest in having such a presentation brought to their firms.

3. Courts -Judge Connolly was not able to attend the meeting. Mr. Gernes and Judge Hoffman gave an overview of some of the past activities of this subcommittee, such as a CLE for administrative law judges, a presentation on professionalism at the state judge's conference, and the publication of an article in the Bench and Bar magazine.

Mr. Williams would like the committee to work on publishing another article in the Bench and Bar Magazine this year. He would also like to see our webpage continue to grow into a "clearinghouse" of information on professionalism. He suggested that there should be links to all of the past articles written by committee members. Finally, Mr. Williams expressed his interest in having the Law Firms subcommittee make arrangements to present at a major CLE event in 2008, such as the General Practice, Solo and Small Firm annual conference or the 2008 MSBA Conference.

November Meeting/CLE
Mr. Williams informed members that former-chair Neil Hamilton has recently written a paper on professionalism. Professor Hamilton has agreed to present the paper to the Committee on November 16 at noon. Members agreed that this CLE would be in lieu of their regular meeting. The MSBA's Rules of Professional Conduct Committee, the Life and the Law Committee and HCBA's Professionalism Committee will also be invited to the presentation. Ms. Moelk will talk to contacts at William Mitchell about reserving space there. Students will also be invited if the event is held at a law school. Members briefly discussed the possibility of a social hour following the CLE but decided against it given that the presentation is at noon.

The meeting was adjourned.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
May 18, 2007

Members Present: J. Culnane, T. Schumacher - Co-Chairs, D. Bartocci, M. Bebeau, L. Brama, M. Carr, Judge Connolly, J. Gernes, J. Gernes, R. Ginsburg, S. Hawley, B. Hayek, M. Rapp, E. Schieferdecker, T. Schoffelman, D. Williams, Judge Willis
Staff: Nancy Mischel

SubCommittee Reports

1. Law Schools – Mr. Williams reported that at the subcommittee’s last meeting on April 10 they discussed blogs, e-communications and My Space issues. These topics could generate another brochure for students next year. Students said they had been told by their career services offices to clean up their websites, even to the point of deleting any references to family and volunteer work. Ms. Bartocci said approximately 25% of legal employers look up applicants online for any “red flags”. Based on the law student comments, Ms. Brama expressed concern that perhaps the messages from career services are being misinterpreted by students; it is important for students to know employers use information about applicants in a professional way.

2. Law Firms – Mr. Gernes reported that Fredrikson & Byron have now signed onto the Professional Aspirations. Ms. Mischel will make sure all those who have signed are listed on the Committee’s website. There have been no presentations since the one he and others presented to over 70 attendees at William Mitchell in March. The subcommittee will look at having a program at one of the large Institutes next year, such as Criminal Law or Family Law. Mr. Ginsburg suggested contacting MN CLE about a webcast on professionalism since they are always looking for topics. Ms. Bartocci is drafting a follow-up letter to law firms that have not signed the professionalism commitment letter.

3. Courts –Judge Connolly reported that he participated in a panel at a MN CLE Seminar in April entitled: “Aspirational and Ethical Limitations on Aggressive Discovery.” The Professional Aspirations were included in the course materials. Judge Connolly is interested in reaching out more to the law schools next year and would like the Committee to have a program at the MSBA Convention in 2008. Mr. Ginsburg suggested the Committee discuss with MN CLE the possibility of adding a professionalism component to their solo/small firm program in Duluth.

Mr. Schumacher encouraged each of the subcommittees to meet over the summer and pick one or two genuinely achievable items to focus on.

Cancellation of Jax Social Event:
This spring event featuring U.S. Attorney Rachel Paulose was cancelled due to insufficient registration. It may be rescheduled in the fall. Mr. Ginsburg strongly suggested that the event have a “draw” speaker and CLE credit. His experience is that attendance for purely social events is often quite dismal.

Committee Chair for Next Year:
Mr. Schumacher reported that he and Judge Culnane will be stepping down as co-chairs at the end of June. So far they have received one nomination to replace them, Darwin Williams. Any others interested in applying or nominating should let the co-chairs know within the next ten days. In addition, chairs are needed for the subcommittees.

Roundtable on Goals for Next Year:
Members are interested in accomplishing the following next year:
• Publishing another article in Bench & Bar
• Getting more people to join the Committee and subcommittees
• Presenting a program on professionalism at a large organized event such as the Family Law Institute or Solo/Small Firm CLE in Duluth
• Educational programs at MDLA and MTLA annual meetings
• Being more strategic and realistic about what the Committee can do
• Having the subcommittees work together more
• Program on keeping correspondence (including affidavits) between attorneys professional
• Program on how too much collegiality can influence how clients/public view professionalism of attorneys
• Reaching out more to public lawyers
• More creative thinking on how to involve big firms in the Professional Aspirations
• Program with law schools on mentorship

The meeting was adjourned.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
March 23, 2007

Members Present: J. Culnane, T. Schumacher - Co-Chairs, D. Bartocci, M. Bebeau, Judge Connolly, J. Gernes, N. Fredricks, J. Gernes, S. Hawley, Judge Hoffman, M. Rapp, E. Schieferdecker, D. Williams, Judge Willis
Staff: Nancy Mischel

Social Event: Mr. Schumacher informed the Committee that a room has been reserved at Jax Café on Thursday, May 3 for the Committee's social event. The plan is to have a cash bar social hour from 6-7 p.m. followed by dinner. Registrations must be prepaid in advance and can be done online. The law school presidents will be invited. Members agreed that having a speaker would serve as a draw. Mr. Schumacher will contact the new U.S. District Attorney, Rachel Paulose, to see if she is available to speak.

Mock Trial Outstanding Professionalism Performance Awards: Judge Culnane attended the banquet at the Mock Trial State Finals to present the awards for outstanding professional performance. There is a team award, an individual student award, and a team coach(s) award. There were more nominations this year than last and they more specifically addressed aspects of professionalism.

SubCommittee Reports

1. Law Schools - Mr. Williams reported that the next piece of the professionalism series for law students has been distributed at all the schools. The subcommittee has been serving as a focus group for the MSBA's Membership Committee and Marketing Director as they try to increase law student membership.

2. Law Firms - Mr. Gernes reported that he and others presented a CLE using professionalism scenarios to over 70 attendees at William Mitchell. Attendees were a mix of attorneys and law students; all were given a copy of the professionalism aspirations. Ms. Bartocci reported that she will be one of the speakers for an upcoming CLE entitled: State of Professionalism in an Electronic Marketplace. Ms. Bartocci will share the materials with the Committee when they are completed. Ms. Bartocci is also drafting a follow-up letter to law firms that did not respond to the mailing requesting they sign the professionalism commitment letter.

3. Courts -Judge Connolly reported that he is participating in a panel at a MN CLE Seminar in April entitled: "Aspirational and Ethical Limitations on Aggressive Discovery." Members expressed interest in trying to get a short article in Bench & Bar on what judges think and do about ex parte communications.

The meeting was adjourned. The Committee's next meeting is Friday, May 18 at noon at the MN Judicial Center.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
January 19, 2007

Members Present: J. Culnane, T. Schumacher - Co-Chairs, D. Bartocci, M. Bebeau, E. Brama, Judge Connolly, T. Franks, J. Gernes, S. Hawley, A. Moelk, A. Taber, D. Williams, Judge Willis, G. Wright
Staff: Nancy Mischel

Social Event: Mr. Schumacher suggested the idea of the Committee hosting a social event in the spring at Jax Cafe, possibly partnering with HCBA, RCBA and MWL equivalents. Individuals that responded to the professionalism mailing would be invited. Members liked the idea and agreed that it would consist of a social hour followed by a dinner with a speaker. Members would pay in advance for the cost of their meal. Speaker suggestions included Jack Tunheim, Neil Hamilton, Chuck Lundberg and Hank Shea. Mr. Schumacher will contact potential speakers.

SubCommittee Reports

1. Law Schools - Ms. Moelk reported that she and Mr. Williams met with the MSBA Membership Committee to discuss how the two Committees might work together to encourage more law students to join the MSBA. A representative from the Membership Committee will attend the next meeting of the Law School subcommittee.

Mr. Schumacher provided an update on the idea of certification for law student practitioners and distributed LR 83.8, the clinical practice rule for those enrolled in law school, and the General Student Practice Rules. The suggestion would be to add a section to each stating that the student has reviewed the Minnesota Rules of Professional Conduct and will abide by the Supreme Court's professional aspirations.

Members discussed the fact that while it might appear easier to ask law schools to change their student practice rules, this approach would not institutionalize the process. Mr. Schumacher will contact some law school clinic professors for their ideas and input. In the end, it may be simpler to amend the rule rather than having to track down everywhere the rule is used. If the Committee decides to recommend an amendment to the rule, the recommendation would go the MSBA's General Policy Committee and from there to the Assembly.

2. Law Firms - Seven law firms responded with a specific contact for professionalism. Mr. Gernes has followed up with all of those firms and offered to provide training or answer any questions. One firm so far has expressed interest in a presentation from members of the Professionalism Committee. Members discussed ideas for additional follow-up. For example, if a firm is doing something unique in the area of professionalism, the Committee will try to recognize that on its website or via Bench & Bar magazine. The Committee may also advertise in Legal News Digest or Bench & Bar that members are willing to come to firms to present on the topic of professionalism.

3. Courts -Judge Connolly reported that he made a presentation on what judges look for in terms of professionalism with pro se plaintiffs to the New Lawyers section.

The meeting was adjourned. The Committee's next meeting is Friday, March 23 at noon at the MN Judicial Center.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
November 17, 2006

Members Present: J. Culnane, T. Schumacher - Co-Chairs, M. Carr, Judge Connolly, D. Williams, Judge Willis, and others.

SubCommittee Reports
1. Courts -Judge Connolly reported that the Lawyers Professional Responsibility Board has an annual fall seminar for lawyers on the district ethics boards where he and Judge Nordby presented. The subcommittee plans to present at the Family Law Institute in March as they did last year. Planning a presentation for the MSBA statewide convention is another possibility, especially since it is in St. Paul this year. Much interest was expressed in this idea and it will be pursued.

2. Law Firms - In Julius Gernes' absence co-chair Culnane reported that about five law firms have responded to the letter asking firms to sign onto the professionalism aspirations. The Committee discussed whether any follow-up should be done with firms that do not respond. Members thought an email message to nonresponders should be done first, possibly followed up by a phone call after time is given for further responses. The email should let firms know we are compiling a list of signers for the MSBA website. The Committee agreed follow-up calls should be done with firms that have responded to offer training and other assistance, inviting them to a Committee meeting or a breakfast meeting with the co-chairs and others to discuss professionalism. Michael Carr reported that along with Amy Taber and Jessica Wymore, he presented as part of a ½ day CLE program sponsored by the MSBA in Detroit Lakes in October. There were 40-50 attendees and the professionalism presentation was given over the lunch hour. All participants were given a copy of the Aspirations and evaluations were positive.

3. Law Schools - Darwin Williams reported that the subcommittee had their first meeting and provided information on their history and projects for the benefit of new members. Although the letter to new bar admittees did not make it into the packet of materials, it was handed out with the packets at the October swearing-in ceremony. The subcommittee will ask the MSBA's membership and/or new lawyers section to meet with them as a focus group to hear what the MSBA is doing to recruit law students and brainstorm some new ideas. The law schools have created a professionalism committee, chaired by Susan Gainen at the University of Minnesota. The subcommittee is thinking of developing a brochure on certification for law student practitioners. Co-chair Schumacher suggested that perhaps the court should require law students take a short course (could be online) or read some material on professionalism before they are allowed into the courtroom. Members expressed interest in this idea. Other suggestions included that employers of law students be asked to convey the information regarding professionalism and/or that the student sign something saying they read the Professionalism Aspirations document. Those interested in developing some specific strategies will contact Co-chair Schumacher at schum035@umn.edu to participate in a conference call.

Other Business: Co-Chair Culnane reported that she presented information on professionalism and how it begins in law school to all the first-year students at William Mitchell. She also presented information on professionalism to the mock trial teacher coaches and students. The Committee will participate in the Mock Trial Professionalism Awards again this year. Newer members of the Committee expressed interest in finding out about such presentations in advance so they could attend and learn how the information is presented with an eye towards doing a presentation themselves in the future.

The meeting was adjourned. The Committee's next meeting is Friday, January 19 at noon at the MN Judicial Center.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
September 22, 2006

Members Present: J. Culnane, T. Schumacher - Co-Chairs; D. Bartocci, M. Bebeau, Hon. F. Connolly, M. Fallon, J. Gernes, S. Hawley, B. Hayek, A. Moelk, E. Schieferdecker, T. Schoffelman, C. Swanson, A. Taber, D. Williams, J. Wymore, N.Mischel - MSBA Staff

Co-Chair Janice Culnane welcomed everyone to the meeting at the Minnesota Judicial Center. Members introduced themselves.

Recap Summer Meeting: The Committee had one informal meeting over the summer. Members decided to continue using three subcommittees to carry out the majority of the work, with approval of the full Committee. Judge Culnane recapped the recent work of the subcommittees. The law student subcommittee has pushed for communication regarding professionalism during new student orientation. The law firms subcommittee has been working on a letter to firms requesting they designate a professionalism contact for the Committee. The courts subcommittee worked on a well-received and well-attended program at the Family Law Institute. Members agreed to follow up with their contacts regarding any additional opportunities to present such programs.

SubCommittee Reports
1. Courts -Judge Connolly reported that since the last meeting, he spoke to new lawyers in the Hennepin County Bar Association regarding professionalism. The subcommittee will consider doing a session at this year's MSBA Convention since it will be held in the Twin Cities. Members suggested the subcommittee consider getting more involved in judicial professionalism, perhaps using Justice Anderson as a spokesperson.

2. Law Firms - Julius Gernes reported that as a first step, the letter asking firms to sign onto the professionalism aspirations will be sent to the managing partners of the largest 50 firms. The letter will either include a link to the Professionalism booklet published by MN CLE, or will include a CD copy of the booklet if it is not too costly. Mr. Schumacher urged the subcommittee to think about what they are going to do with the contact names firms provide as a result of the letter. The letter, including the link to the Professionalism booklet, will be emailed to all Committee members so they can forward it on to additional contacts. Amy Taber, Jessica Wymore and Michael Carr are working on a Professionalism CLE taking place October 27 in Detroit Lakes.

3. Law Schools - Darwin Williams and Anne Moelk are co-chairing this subcommittee. Mr. Williams reported that they need some new members and he will contact the law school deans for ideas. They are considering asking a law student focus group what works when they reach out to their peers. The subcommittee has not yet decided on a project(s) for this year. The new brochure on interview questions is on the Committee's webpage. The subcommittee plans to ask other groups to include a link to the Committee's webpage from their sites.

The meeting was adjourned. The Committee's next meeting is Friday, November 17 at Noon at the MN Judicial Center.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
MAY 12, 2006

Members Present: J. Culnane, T. Schumacher, Co-Chairs; M. Bebeau, M. Carr, F. Connolly, N. Fredricks, J. Gernes, S. Hawley, F. Kornblum, T. Schoffelman, T. Vasaly, D. Williams, B. Willis, G. Wood, G. Wright; N.Mischel, MSBA Staff

Co-Chair Tom Schumacher welcomed everyone to the meeting at the Minnesota Judicial Center. Members introduced themselves.

Summer Planning / Ideas for Next Year:
" Professional aspirations materials posted on the Committee's website will be distributed to the County Attorney Association by Todd Schoffelman.
" Julius Gernes has a training curriculum that will be posted on the Committee's website
" The Committee wants to ensure that information regarding professionalism is part of law school student orientation. Members of the Committee agreed to host lunch with the core faculty in charge of orientation to discuss this and come up with questions to ask students about professionalism. Committee members will then try to attend orientation to hear students' responses. Mickey Bebeau offered to be the point person for the University of Minnesota; Fran Kornblum offered to assist. Judge Willis will be the point person for St. Thomas and Greg Wright will do the same for Hamline. Nicole Fredricks volunteered to attend one or more of the orientations. Nancy Mischel will find out who is managing orientation at each of the law schools and forward their contact information to the appropriate Committee volunteer, along with the dates and times of orientation.

SubCommittee Reports
1. Courts - Sherri Hawley and Judge Connolly developed a plenary session on Professionalism for the Family Law Institute in March which reached approximately 700 attorneys. It was specifically tailored to family law and it might become an annual event. The idea of expanding the presentation to the Labor & Employment Law Institute was encouraged. There is a videotape of the session and it will be played at a future meeting of the Committee. Judge Connolly agreed to continue as subcommittee chair next year.

2. Law Firms - Judge Willis had done some work on the letter to law firms. The Committee decided the letter would be sent after the Bench & Bar article. A separate letter tailored to solo/small firms is worth pursuing. The Committee does not have a budget; so there is the question of how the mailing of the letter will be paid for since it also needs to include a postage-paid return envelope.

3. Law Schools - Darwin Williams distributed a brochure with five sample interview questions regarding professionalism and model answers to be used for interviewing. Committee members are asked to email any suggested changes to Mr. Williams. The brochure will be posted on the website after incorporating any comments and sent to the law schools. The Committee co-chairs will send a recognition thank-you letter to the students who worked on the subcommittee. Mr. Williams agreed to continue as subcommittee chair next year.

Update on Article for Bench & Bar
Mr. Schumacher reported that the article is still being edited but should appear in the May/June issue of the Bench & Bar.

MSBA Professionalism Award
The Committee supported the nomination of Ken Jorgensen.

There will be an informal meeting of the Committee in July; date and location are yet to be determined. The meeting was adjourned.

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MSBA PROFESSIONALISM COMMITTEE
MEETING SUMMARY
MARCH 17, 2006

Members Present: J. Culnane, T. Schumacher, Co-Chairs; M. Bebeau, F. Connolly, K. Daly, P. Dorfman, B. Elwood, T. Franks, J. Gernes, R. Ginsburg, S. Hawley, J. Hayes, J. Hoffman, W. Kaminsky, F. Kornblum, B. Patrick, M. Rapp, E. Schieferdecker, T. Schoffelman, A. Taber, E. Van Iwaarden, T. Vasaly, D. Williams, B. Willis, G. Wright, B. Young; N.Mischel, MSBA Staff

Co-Chair Janice Culnane welcomed everyone to the meeting at the Minnesota Judicial Center. Members introduced themselves.

Law Firm Letter Review/Discussion
Julius Gernes reminded the Committee about the professionalism letter originally meant to go to firms and to be signed by firms. Concerns raised by members were directed not to the concept of the letter but asking that firms provide a signed copy of their commitment to the Committee. Another strategy is to publicize best practices. The Committee discussed including some information regarding best practices could be included in a side panel in the upcoming Bench & Bar magazine article regarding professionalism.

Committee Reports
1. Courts - Judge Connolly reported that the subcommittee received positive feedback on their breakout session at the Annual Conference of Judges in December entitled "Order in the Court: Maintaining Professionalism in the Courtroom." The session was held twice, drawing 50-60 judges each time and involved a mock discovery dispute, followed by a panel. Sherri Hawley will be presenting a plenary session on Professionalism at the Family Law Institute in March which will reach approximately 700 attorneys. She will involve Judge Connolly in the planning. The idea of expanding the presentation to the Labor & Employment Law Institute was encouraged.

2. Law Firms - Mr. Gernes requested feedback from members regarding the law firm cover letter and letter of commitment to professionalism they will be asked to sign. Members believe it is very important to get input from law firm management so that they buy into the idea. Nancy Mischel will check with Tim Groshens at the MSBA to see if a group of senior partners is still meeting on a regular basis and if so, whether a member of the Professionalism Committee can present the idea at one of their meetings. A suggestion was made to have a specific name or names of Professionalism Committee members on the cover letter to firms. Mr. Gernes will make changes to the documents based on input received from members.

3. Law Schools - Darwin Williams reported that they are working on sample interview questions for practice interviewing regarding professionalism. They have five sample questions and model answers in draft form. They hope to have a brochure including the questions ready for the Committee's review in May.

Update on Article for Bench & Bar
Tom Schumacher reported that there is a rough draft of professionalism article that is nine pages long. It needs editing.

LAD Proposal Response
Mr. Scumacher summarized the Legal Assistance to the Disadvantaged Committee's proposal to give one CLE credit for six hours of pro bono work which was presented at the last meeting. Mr. Schumacher reported his conversations with Frank Harris and Peg Corneille, who both raised issues with the proposal. The Committee members agreed it was not really within the jurisdiction of the Committee and declined to take a position on the proposal.

Mock Trial Professionalism Awards
Judge Culnane reported that she and Mr. Schumacher reviewed nominations for the mock trial professionalism awards and chose winners. There was one winner in each category: individual student, school team and team coach.

The next meeting of the Professionalism Committee is scheduled for May 12, 2006, at the Minnesota Judicial Center.

The meeting was adjourned.

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