Note Burning, Shift to Fastcase, Legislative Issues, ABA and Local Awards

August Board of Governors Meeting Highlights

Thank goodness the sprinkler system didn’t go off when State Bar President Lester Tate set aflame the Bar Center note that Executive Director Cliff Brashier held above a stainless steel bowl full of water. The note-burning ceremony during the Board of Governors’ August meeting marked the retirement of the approximately $4.2 million debt on the State Bar’s headquarters building at 104 Marietta St., which had been approved by the board in June.

Leading up to this moment, the board viewed a video featuring highlights of the dedication of the building in 1997 by U.S. Supreme Court Justice Anthony Kennedy as well as interviews with past presidents and Georgia Supreme Court justices who were instrumental in the decision to purchase the former Federal Reserve Bank building and transform it into the headquarters of our State Bar. Among them was past President Jimmy Franklin, who expressed concern that his tenure would be known as the “era of chainsaw Franklin” because his presidency in 2002 was marked by controversy over the removal of trees to expand the building’s parking garage.

Tate noted that the purchase of the building for $26 million in 1995 has been a sound investment. The amount of money put into the purchase and restoration amounts to about $600 per member, but was carried out with an assessment of only $200 per member due to grants, such as one from the Woodruff Foundation. The building and the land on which it sits are now worth $40 million, Tate said.

Other highlights of the board’s August meeting included decisions to switch from Casemaker to Fastcase, a number of legislative issues and the presentation of awards. To see photos of the note burning and other highlights of the meeting click here.

The Shift to Fastcase

The board voted to allow the State Bar’s contract with Casemaker to expire and to replace it with Fastcase, a research software that is described as easier to use, more versatile, and less expensive. In debate over this decision, board members expressed concerns over the exclusivity provision in the Casemaker contract, which prevents the State Bar from allowing the two services to overlap during the transition from one service to another. In addition, some members of the bar are simply adverse to change.

Nonetheless, the Member Benefits Committee and others who tested Fastcase asserted that the fear of transition is ill founded because their experiences testing the new system caused them to decide it is a better product than Casemaker and that the change will be a good one.

State Bar Secretary Robin Clark, who serves as liaison to the Member Services Committee, stated that she had never felt Casemaker produced trusty research results, so she had retained Westlaw for use in her practice. But  her research results with Fastcase gave her the same level of confidence that she had with Westlaw. Clark said she became comfortable with Fastcase in about an hour. To those who in debate suggested that a five-month transition period would be desirable, Clark asserted it will take about five hours to transition, if that long.

Fastcase President Philip Rosenthal said Georgia is the fifth state bar to switch to Fastcase. He said Oregon and West Virginia also have switched over from Casemaker; Arkansas shifted from another provider; and New Jersey had previously provided Lexis. Rosenthal said those state bars’ switchboards did not light up with calls complaining about the change.

State Bar staffers will be available to help walk members through the new system if they have problems, and will provide training sessions, as has been done with Casemaker.

A side-by-side financial comparison of Casemaker vs. Fastcase shows that the savings to the State Bar will be considerable. The rounded annual cost of Casemaker for 2011 would have been $214,000, while Fastcase is $168,000. Thus, the cost per member is $5.10 for Casemaker and $4 for Fastcase. In addition, Fastcase provides a searchable database of the State Bar’s disciplinary rules and cases for no additional charge, whereas Casemaker would have charged $5,800 to create this database, plus a $3,000 annual fee. The Member Benefits Committee concluded that the savings with Fastcase are approximately $52,000 per year.

Legislative Issues

The board took action on two fronts to address possible legislative action to impose a sales tax on legal services. The first step was a more general action – a vote to remove the clause “during the time when the legislature is in session” from Standing Board Policy 100, Section 1.03 (c), which authorizes circumstances under which one can comment on pending or proposed legislation on an emergency basis. With this change, the ability to respond quickly will be available even when the legislature is not in session.

Second, the board voted to oppose a tax on legal services and authorized the State Bar’s lobbyists to press forward on that issue, if necessary. This move was taken because the state legislature has created a Special Council for Tax Reform and Fairness for Georgians, which could possibly consider such a tax. The board’s actions allow the State Bar to move quickly if the issue of taxing legal services comes up.

The board also voted to authorize the State Bar’s president to express the board’s concerns over consideration being given by some members of the  Fulton County Commission to redirecting more than $6 million in federal stimulus funds designated for improving courthouse security to other projects, which include a community center, a jail program to combat recidivism and bus stop improvements.

The suggestion for taking a stand on the use of courthouse security funds came from state Rep. Wendell Willard, R-Sandy Springs, who is chairman of the House Judiciary Committee. Willard spoke briefly to the board after receiving the Judicial Section’s Spirit of Justice Award, presented by Senior Superior Court Judge Anne Workman for his service to lawyers and the judiciary. “We’ve got to secure that courthouse once and for all,” Willard said.

More Awards

The board’s summer meeting came on the heels of an American Bar Association meeting in San Francisco in which many of our State Bar’s programs were recognized.

The Transition Into Law Practice Program won the E. Smythe Gambrell Professionalism Award, which recognizes projects contributing to the understanding of professionalism among lawyers. The TILPP program mentors beginning lawyers in their transition from student to professional. Established in 2005, the program has become a model for other programs nationally. The Gambrell Awards were established in 1991 and are named for E. Smythe Gambrell, ABA and American Bar Foundation president from 1955 to 1956. Gambrell founded the Legal Aid Society in Atlanta, where he  practiced law from 1922 until his death in 1986.

After TILPP Director Doug Ashworth presented the $3,500 check the program received in winning the award to President Tate, David Gambrell, (president of the State Bar in 1968), said it was “very touching to me” that the Georgia program would receive the award established in his father’s memory.

In addition, the ABA named Georgia’s Younger Lawyers Division as the number one YLD in the nation for its year led by past President Amy Tuckett Howell.

The board also recognized Eunice Mixon of Tift County, a lay person member of the Investigative Panel since 1997, with an award in her name that will be given annually by the State Bar. This is an award for distinguished service to the bar by a lay person.

An additional new award was created to recognize attorneys who provide outstanding service to veterans and military service members on a pro bono or reduced-fee basis. The board also adopted guidelines for attorneys providing legal assistance in this area.

Other Action

Proposed amendments to the Rules of Professional Conduct were very briefly discussed. State Bar General Counsel Paula Frederick noted that no comments have been made on the proposal since the annual meeting in June. Note that any final wording changes must be submitted in writing to the State Bar before Tuesday, Sept. 21, so that they can be included in the agenda book. The Board of Governors is scheduled to vote on the proposed amendments at its fall meeting on Oct. 16.

A judicial poll in which members of the State Bar can evaluate candidates for the Georgia Supreme Court and Court of Appeals has been sent out and must be returned by Sept. 7.

Justice Harold D. Melton of the Georgia Supreme Court has written to the State Bar’s president to seek comments on proposed amendments to the Code of Judicial Conduct concerning recusal rules for judges. These proposed rules are being adopted in response to concerns raised by state lawmakers and others concerning the current recusal rules for judges in relation to campaign contributions. Justice Melton is seeking comment on the proposed rules within 60 days of his July 16 letter.

Let me or other members of the board know if you have any concerns or questions or need additional information.

— Katie Wood, Stone Mountain Circuit Post 1