Professionalism Committee

2006/07 Meeting Summaries
Minutes from prior fiscal years

9/22/06 | 11/17/06 | 1/19/07 | 3/23/07 | 5/18/07 | 9/21/07 | 1/18/08 | 5/16/08


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

  1. Law Schools – Ms. Moelk was unable to attend the meeting; none of the other subcommittee members present had an update.

 

  1. Law Firms – Ms. Hawley reported the subcommittee presented 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 June.
  1. Courts –Judge Connolly was unable to attend but reported via Ms. Mischel that he is presenting.at the Criminal Law Institute in August.

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. 

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.


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.


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.

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.


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.




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.



 

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.



- Last Updated 11/30/05 -