NUMBER 63 Fall 2009

THE BULLETIN

JOAN A. LUKEY: COLLEGE’S FI R ST fe male PR E S I DE NT

Joan Lukey and husband Phil Stevenson with Ollie, their Westie, and Reilly, daughter Heather’s Morkie

The life of Joan A. Lukey, a partner in the Boston firm Ropes & Gray LLP, who became the College’s first female president at the Annual Meeting in Boston, would rival that of any one

Continued on page 8

This Issue: 40 Pages From th e E ditorial Board

In this issue we profile, Joan Lukey, the We also try to confine our Awards, College’s first woman President, who was Honors and Elections column to singular, installed in Boston in October, and note high-profile recognitions of Fellows that with sorrow the passing of Past President are personal to them, such as national Lively M. Wilson, the forty-fourth President and state bar presidencies and significant of the College and the long-time President honors awarded by statewide or national of the College’s Foundation. organizations.

The In Memoriam section in each issue has Likewise, we try to limit our profiles become one of our most widely appreciated of Fellows to those involving unusual features. We have now lost all of the life stories or significant achievement inductees from the college’s first five years. in public service and our coverage of Sadly, we still struggle to locate information Fellows’ cases to those that go beyond about long-retired Fellows whose deaths traditional service to client. We have are not called to our attention until well rarely, if ever, profiled a law firm. In after the fact. The careers of many of these this issue we depart from that policy predate the Internet, so that we can find no for reasons that we hope will become information about them through electronic apparent as you read the article. research. Many have ceased to be listed in legal directories and some have retired to The legendary law firm we profile, which places far away from where they practiced, had its genesis forty-five years ago in so that they are essentially strangers to the an unheated, unairconditioned walkup, Fellows in the state or province where they aided by a small grant to purchase reside. We continue to search for ways to law books, has produced a generation do more than list their names and their date of accomplished leaders and changed of induction, and we welcome any ideas its part of the world forever. The first you may have about how we can address racially integrated law firm in its state, its this continuing problem. members and alumni include five Fellows of the College, including two of the firm’s In this issue we are venturing beyond founders, and the ninth winner of what is our traditional editorial guidelines for a now the College’s Griffin Bell Courageous purpose. The line we have to draw between Advocacy Award. those accomplishments of Fellows we note in the Bulletin and those we do not is a We hope that you will find this a difficult one. It is a given that every Fellow worthy departure from our traditional is worthy of high ratings for legal ability editorial policy. and the recognition that goes with that status. Thus we do not note recognition that involves being included in an honored group in publications such as Chambers and The Best Lawyers in America.

 w THE BULLETIN American College of Trial Lawyers in this issue The Bulletin

Chancellor-Founder Lukey New College President...... Cover Hon. Emil Gumpert (1895-1982) From the Editorial Board...... 2 Officers Joan. A. Lukey, President Contents...... 3 Gregory P. Joseph, President-Elect Chilton Davis Varner, Secretary Thomas H. Tongue, Treasurer Past President Wilson Dies...... 4 John J. (Jack) Dalton, Immediate Past President

Board of Regents Foundation Trustees and Officers Elected...... 7 Paul D. Bekman Robert A. Goodin Baltimore, Maryland San Francisco, California Joint Task Force Generates Interest...... 12 Robert L. Byman Christy D. Jones Chicago, Illinois Jackson, Mississippi Bartholomew J. Dalton Gregory P. Joseph Awards, Honors and Elections...... 15 Wilmington, Delaware New York, New York

John J. (Jack) Dalton Joan A. Lukey Atlanta, Georgia Boston, Massachusetts Regional Roundup...... 15 Michel Decary, Q.C. Paul S. Meyer Montreal, Canada Costa Mesa, California

John M. Famularo John S. Siffert Law Firm a Towering Presence...... 16 Lexington, Kentucky New York, New York

Bruce W. Felmly Michael W. Smith Manchester, New Hampshire Richmond, Virginia Fellows Needed for Student Competitions....24

Samuel H. Frankin Thomas H. Tongue Birmingham, Alabama Portland, Oregon In Memoriam...... 25 Paul T. Fortino Chilton Davis Varner Portland, Oregon Atlanta, Georgia

Phillip R. Garrison Francis M. Wikstrom Springfield, Missouri Salt Lake City, Utah

Editorial Board Upcoming E. Osborne Ayscue, Jr., Charlotte, North Carolina, Chair spring Meeting Susan S. Brewer, Morgantown, West Virginia, Vice Chair James J. Brosnahan, San Francisco, California Richard C. Cahn, Melville, New York Desert Springs JW Marriott Andrew M. Coats, Norman, Oklahoma Michael A. Cooper, New York, New York Resort and Spa Patricia D. S. (Trisha) Jackson, Toronto, Ontario Timothy D. Kelly, Minneapolis, Minnesota Hon. Garr M. King, Portland, Oregon Palm Desert, California Warren B. Lightfoot, Birmingham, Alabama March 4-7, 2010 C. Rufus Pennington, III, Jacksonville, Florida Simon V. Potter, Montreal, Quebec Mark your calendar! Conrad M. Shumadine, Norfolk, Virginia Michael A. Williams, Denver, Colorado G. Gray Wilson, Winston-Salem, North Carolina Samuel H. Franklin, Birmingham, Alabama, Regent Liaison

Marion A. Ellis, Editor Telephone: 704.366.6599 Email: [email protected] Liz Doten, Art Direction and Design Email: [email protected]

American College of Trial Lawyers A current calendar of College events is posted on Dennis J. Maggi, CAE the College website at www.actl.com, as is Executive Director 19900 MacArthur Boulevard, Suite 610, Irvine, California 92612 a current compendium of the ongoing projects Telephone: 949.752.1801 Facsimile: 949.752.1674 Email: [email protected] Website: www.actl.com of the College’s National Committees. COPYRIGHT © 2009

THE BULLETIN w  PAST PRESIDENT LIVELY M. WILSON (1927-2009)

Lively M. Wilson, Louisville, Kentucky, of counsel to Stites & Harbison, the forty- fourth President of the American College of Trial Lawyers, died July 22, 2009 after a long illness of cancer at age 82. His death marks the passing of a loyal and enthusiastic leader of the American College of Trial Lawyers and of its Foundation and a mentor and role model for a generation of lawyers, both in and out of Kentucky.

Born in Louisville, he grew up in Bowling Green, Kentucky. After one academic quarter at Western Kentucky University, he entered the United States Navy in 1944. His initial inclination to enter the ministry ultimately gave way to a career in the law. After World War II, he returned to Western Kentucky, graduating in 1948 with a degree in His- tory and English.

After graduating from Harvard Law School in 1951, he spent two years as Executive Secretary of the Kentucky Public Service Commission. There he met John Wood, a partner in the firm of Stites, Wood, Helm & Taylor, a forerunner of Stites & Har- bison, who represented South Central Bell Tele- phone Co. before the Commission. Wilson joined the Stites firm in 1953.

His early practice consisted principally of repre- Lively M. Wilson senting public utilities in rate-making proceedings and litigation. In 1972, he began representing Johns Manville in one of the first asbestos cases in the United States. “That turned into a long national saga that nobody knew was going to happen when

 w THE BULLETIN it started,” observed his law In 2003, he was honored by fairs. He appointed the first partner, John Tate. Asbes- the University of Louisville Access to Justice Committee, tos litigation eventually in- Brandeis School of Law, which an outreach program that has volved over 5,000 cases in named its oral advocacy pro- grown into an outlet for major sixteen states. Wilson’s rep- gram the Lively M. Wilson pro bono engagements by Fel- resentation in that first case Oral Advocacy Program in lows of the College. He called ultimately resulted in his be- his honor. Contributions to on the Chair of the Senate Ju- ing recognized as one of the that program furnished the diciary Committee to make premier toxic tort lawyers in law school’s moot court office known the College’s views on the country. and established an endow- a number of pending issues ment to fund participation in and during his tenure the Col- For years afterward, Wilson oral advocacy competitions. lege published several papers was retained by company af- When he delivered the law on significant current issues. ter company because of his school’s 2005 commencement extensive knowledge of as- address, he spoke to its grad- After his College presidency bestos, and he was a delegate uates about the importance of was completed, Wilson be- to the World Health Organi- professionalism. came President of The Foun- zation Conferences on the bi- dation of the American Col- ological effects of man-made Inducted into the American lege of Trial Lawyers, Inc., as- mineral fibers in Copenha- College of Trial Lawyers in suming that position in 1996 gen, Denmark in 1982 and in 1969, Wilson was elected to and serving to 2005. In that Lyon, France in 1987. the Board of Regents in 1989, position, he led the effort that served as Secretary in 1992- raised the Foundation’s vis- His professional life went far 93 and then in 1994 at the Ot- ibility among the Fellows of beyond merely representing tawa meeting assumed the the College to the extent that clients. Outwardly a low-key, College presidency. He had in 2005 its assets had risen to good-humored, self-effac- been a delegate to a College- $1.7 million. Indeed, for ten ing lawyer, he was known sponsored Canada-U.S. Legal years he was essentially the throughout his professional Exchange in 1987 and had co- face of the Foundation. and private life for his ethics chaired, with Associate Justice and his integrity and for his Anthony Kennedy, the United Wilson was also a generous gift of imparting those values States delegation to the 1993 community benefactor and to those with whom his life Canada-U.S. Exchange. He volunteer. He had served as intersected. In 1995 the Ken- also chaired the College dele- the president of the Louisville tucky Bar Association recog- gation in the first Indo-Ameri- Area Council of Churches, the nized him as the Kentucky can Legal Exchange in early Chairman of the Board of the Lawyer of the Year. He served 1994, and later that year was a Lexington Theological Semi- on the Board of The Supreme delegate to the Anglo-Ameri- nary, the President of the Board Court of the United States can Legal Exchange. of the Visiting Nurses Associa- Historical Society and was its tion and as a member of many national membership chair in Assuming the presidency in other civic and nonprofit 1997-98. He was a founding the wake of a 1993 long-range boards. The curriculum vitae member of the World Jurist planning retreat, Wilson was that he filed with the College’s Association and a Life Mem- an advocate for moving the archives ended with “Lifelong ber of the Sixth Circuit Judi- College toward a more active Yellow-Dog Democrat.” cial Conference. involvement in external af- L

THE BULLETIN w  A member for over fifty years in dent-Elect, its Secretary and its er in my opinion the van was the Douglass Boulevard Chris- Executive Director, his long- too wide. You should make tian Church, he was an elder time friend, Past President them more narrow.’” and had served as chair of its Ralph I. Lancaster spoke for Board. The last two years of his the College. He began by re- “Yesterday,” Lancaster con- life were dedicated to the de- marking that Wilson’s daugh- tinued, “hosted by [College velopment of affordable hous- ter Janie had told him, “Please Fellow and Wilson’s partner] ing for seniors on the church remember that Daddy was Mike and Mary Anne Cronan, campus in a building known a humble person and would after dinner we were invited as Woodbourne House. wonder why we are making all to ride on Mike’s restored this fuss.” But, Lancaster ob- Anyone who had ever en- fire truck. My first reaction served, “That’s true, Janie, but was that this was inappropri- joyed the warmth of the Wil- secretly and quietly he would son home, gathered around the ate; after all we were here to have enjoyed it; and I suspect grieve and mourn. Then real- piano with Frances, Lively’s that he is smiling right now. wife of almost 62 years, who ity set in. I said, ‘Lancaster, Because he not only loved life, Lively would have loved this for years played the piano in a he loved laughter.” local swing combo, listened to – he would have laughed and the family stories and were in- Wilson had an endless cu- laughed and loved the fact troduced to the annual rituals riosity and joie de vivre, ac- that his friends were doing of the Kentucky Derby came companied by an ever-pres- this and thinking of him.’” away knowing that the private ent spontaneous sense of hu- Lively Wilson was as genuine mor. Lancaster proceeded to Indeed, anyone who had ever as the public Lively Wilson. relate a story about a trip that been treated to a ride in the fa- the Wilsons, inveterate world mous vintage red pickup truck Wilson’s partners, who had travelers, and the Lancasters that Wilson used to transport followed his long illness were had taken years ago that in- guests at his Cashiers, North eloquent in their praise. His cluded an incident in which Carolina mountain home would partner Kennedy Helm’s Lively Wilson had driven a have found that memorial ride email reporting his death re- rented vehicle in the dark in a red fire truck around his marked, “Lively’s most recent through a narrow European beloved Louisville an entirely gift to us was the example of alleyway that had been con- appropriate way to celebrate optimism, grace and dignity structed long before the ad- the life of Lively Wilson. he exhibited every day that he vent of automobiles, result- fought his illness.” ing in soft-metal damage to Lively Wilson is survived by the sides of the vehicle, for his wife, Frances Hildreth Fellow John Famularo, who Wilson, four daughters, Lau- had talked with him the week which appropriate amends had thereafter been made. ra Padgett, Jane Burks, Sara before his death, observed, Thielman and Ellen Wilson, “We did lose a true giant who “Some time after we returned to the States,” Lancaster re- a brother, Charles Wilson, ten showed dignity and grace grandchildren and four great even when very ill.” lated, “I got a blind copy of a letter that Lively had sent to grandchildren. At his memorial service, at- Fiat. It thanked the company tended by nine former Past for its inquiry about his ex- Presidents of the College, its perience with the rental and current President, its Presi- then went on to say, ‘Howev-

 w THE BULLETIN FOU N DATION TR U STE E S AND OFFICERS ELECTED

The newly-elected officers of the Foundation of the American College of Trial Lawyers are:

President: Michael A. Cooper, New York, New York Secretary: Frank N. Gundlach, St. Louis, Missouri Treasurer: J. Walter Sinclair, Boise, Idaho

The terms of Stuart D. Shanor, Roswell, New Mexico, who has served as President since 2006, and Trustee Dennis R. Suplee, Philadelphia, Pennsylvania, have expired.

The Board of Trustees for the coming year will consist of: Past Presidents: E. Osborne Ayscue, Jr., Charlotte, North Carolina; David J. Beck, Houston, Texas; Michael A. Cooper, New York, New York; Michael E. Mone, Boston, Massachusetts; James W. Morris III, Richmond, Virginia, and David W. Scott, Q.C., Ottawa, Ontario.

Former Regents: Camille F. Sarrouf, Boston, Massachusetts; Frank N. Gundlach, St. Louis, Missouri, and Charles H. Dick, Jr., San Diego, California.

Fellows at Large: Jerry K. Clements, Dallas, Texas; Alan G. Greer, Miami, Florida, and J. Walter Sinclair, Boise, Idaho.

The Bylaws of the Foundation provide for a Board of Trustees consisting of twelve persons, with terms staggered so that each year four people will be elected for a three-year term. Six of the twelve must be Past Presidents of the College, three must be Fellows who have served as Regents, but not as President, and three are to be Fellows at large.

THE BULLETIN w  Continued from cover of the trial lawyers on televi- The family moved frequent- outstanding speaker at the sion’s “Boston Legal,” a favor- ly and Lukey grew up on National Moot Court Com- ite television show of Lukey’s. army bases from Puerto Rico petition in New York, became She has all four seasons on to South Carolina to Massa- a member of the Order of the DVD. chusetts. At Wareham High Coif and received her degree School in Massachusetts, cum laude. And Lukey, a Boston trial law- Lukey became a competitive yer, is the real deal—no fiction gymnast, accepting knee inju- She then became one of three needed. ries and concussion. “I simply women associates at the ven-

competed through the pain,” erable Boston firm Hale and Since selection as the Best she said. “That’s what was ex- Dorr, LLP, which became Oral Advocate at the 1974 pected of athletes then.” Wilmer Cutler Pickering Hale National Moot Court finals, the first woman to win that honor, Lukey has forged to the top, not only of the American College of Trial Lawyers, but also of high peaks around the world. In her time away from the office, her vacations have included summiting Mount Kilimanjaro, completing the Lo Motang loop in the Nepali Himalayas, and high altitude trekking in the French and Swiss Alps and the Peruvian Andes.

Early Ambition: Joan Lukey and daughter Heather trekking at 12,000 feet To Be An Actress in the Himalayas of Nepal

As a Smith College under- & Dorr, LLP as the result of a There were no lawyers in her graduate, she wanted to 2004 merger. A litigation gen- family, and Lukey did not set become an actress, but her eralist, Lukey has been listed out to become a lawyer. “My drama professor discour- over the years in The Best Law- father always made me be- aged her, saying that she was yers in America in a half dozen lieve that I could do whatever good, but not good enough. different categories. Nor is her I wanted to do,” Lukey said. Undeterred, she remembered talent confined to the court- “And I always felt that he be- seeing trial lawyers like Per- room. In 2000, she won one of lieved that himself.” Her fa- ry Mason at work on televi- the Burton Awards, a national ther, Philip, a career soldier sion, and she decided that prize for distinguished legal wounded in World War Two, would be her outlet. Gradu- writing, in the first year of died at age 65 when Lukey ating magna cum laude from the awards. Back in 1994, she was 31. Lukey established the Smith in 1971, she entered also published a novel, after Philip E. Lukey Endowment Boston College Law School, which, in her words, she “did Fund at Boston College Law where she edited the Envi- not give up my day job or I School. Her mother, Ada, who ronmental Affairs Law Re- would have starved.” is now 93, was an elementary view, was selected as the school teacher and principal.

 w THE BULLETIN In 2008, Lukey changed firms sulted in a multi-million dol- using a pseudonym and con- after a dramatic flourish that lar judgment, including ap- tinuing his attacks. We have a harkened back to her early peals by the Globe all the way case pending here in federal stage ambition. She played to a 2004 denial of certiorari court in Boston, asserting that Cordelia, the daughter of the by the United States Supreme this is the same person who King of England, in a char- Court. has already been enjoined ity benefit reading of King and held in contempt. We still Lear. Her knight in shining ar- In another well-known on- don’t know where he is, but, mour, the King of France, was going case, Lukey represents fortunately, the judge here fol- played by law school friend Patricia Cornwell, reportedly lowed the Richmond judge’s John T. Montgomery, a Fellow the best selling crime novelist lead in granting us permis- of the College and the Manag- in the world, who was being sion to e-serve.” ing Partner of power house cyberstalked by a disgruntled Boston-based firm Ropes & fellow author. (Cyberstalking Becoming a Victim Gray. As Shakespeare wrote has been defined as a form of Herself the role, the King of France mental assault in which the proposes to Cordelia, declar- perpetrator, using the Inter- “Then about a year ago he ing her “dowry enough onto net, repeatedly without invi- turned his attention to me herself” when her father, King tation intrudes into the life of and began stalking me over Lear, disowns her. In this another, who may be and of- the Internet. As a result, I’ve particular performance, as ten is a stranger to the stalker.) actually done a lot of speak- they walked off the stage the “The case had some interest- ing about Internet stalking “King” handed “Cordelia” ing twists,” Lukey recalled. and its dangers. I’ve even an envelope containing an of- “We couldn’t find him (the submitted draft legislation to fer of partnership at Ropes & cyberstalker), so we asked for a [U.S.] Senator in an effort to Gray. True to Cordelia’s role, and were granted permission put a stop to this kind of de- Lukey later accepted. to serve him by email. I think plorable conduct. There’s no that was only the second or reason why somebody who is Celebrated Cases third time that e-service was posting blogs on the Internet allowed in the federal courts should have protection that Lukey has tried more than 70 of the United States We ob- a newspaper or a TV station jury cases, the vast majority of viously knew what his email doesn’t have.” them involving complex liti- address was, because that was gation, and argued over fifty the platform from which he At age 59, Lukey is the the appeals. Two of her more cel- was libeling her.” The case, College’s 59th President. Be- ebrated cases were, however, tried in Richmond, Virgina fore her election to the Board of a different sort. In the first, in the cyberstalker’s absence of Regents, she served as Mas- she represented Dr. Lois Ayash but with his participation in sachusetts State Chair, and in her 1994 libel suit. The Bos- the form of vitriolic e-submis- as Secretary, Treasurer, and ton Globe had incorrectly iden- sions, resulted in a finding of President-Elect of the College. tified Ayash as one of the doc- forty-nine separate libelous Inducted in 1991, she is the tors who had signed an order statements. first Fellow inducted in that for a massive overdose of decade to assume the College chemotherapy that led to the “We were able to persuade presidency. In 2000-2001, she death of one of its reporters. almost all the major search served as president of the ven- The doctor’s reputation was engines to block him,” Lukey erable 9,500-member Boston eventually restored as a result said. “So that was the end of of Lukey’s trial work that re- that case, except that now he’s L

THE BULLETIN w  Bar Association, founded in ethics of the profession’), I tion with the Institute for the 1761, the sixth woman to hold believe that the standards Advancement of the Ameri- that office. Her two role mod- of professionalism and eth- can Legal System, the Task els in the law, J. Owen Todd ics, while not perfect, are at Force issued a terrific report and the late James D. St. Clair, as high a point as they have this year containing pro- both College Fellows, were been in recent memory, so posed principles that were her partners and mentors at in a sense I think the profes- designed to engender a real Hale & Dorr. sion as a whole and lawyers dialogue about problems individually, including our with our civil justice system. Lukey, highly energetic and Fellows especially, are com- I plan to expand the Task known for asserting her indi- porting themselves well,” Force with additional lead- viduality with her avant garde Lukey said. ers from our relevant general hair style and couture ward- committees, and I hope that robe, looks forward to a busy, “Unfortunately there are a their mandate will encom- productive year as President couple of forces in play that pass, not just discovery, but of the College. One of her con- affect our remaining man- other areas of concern in our tinuing string of “firsts” will date, to improve and elevate civil justice system. We need be to establish a Presidential the administration of justice. to focus on where the stream- blog, an interactive Website One of those forces that we, lining can occur that will let on which any Fellow can post as lawyers, cannot control is us get back on task.” a question, which she will be the economy, which is creat- able to answer in a form that ing a really difficult situation Additional Agenda all Fellows can see. “It’s my for many law firms and -par as President goal to be really accessible to ticularly for a lot of young the Fellows, and I would like lawyers and law students. My In addition to those problems, to make sure we are communi- daughter is a law student so I Lukey wants to use her year cating fully with the Fellows,” am very mindful of this. But, as President to continue the she said. “I hope that people the second force that is criti- College’s focus on the need will actually use my blog to cally impacting the adminis- to preserve the independence get in touch with me and to tration of justice is the decline of the judiciary. hear what I’m thinking, what in the number of trials, espe- the College is thinking and cially jury trials, which leads “Here in Massachusetts the what’s happening.” to concerns about how well defining moment for us was the system is working, and the Goodrich decision in which She added with a laugh, “I this is an area where I believe a divided Supreme Judicial thought about a Twitter, but that we can and should step Court concluded that the ban it’s limited to 140 characters into the void and try to be on gay marriage was a vio- and lawyers can’t do any- part of the solution, not part lation of the Massachusetts thing in 140 characters.” of the problem.” constitution,” she said. “Chief Justice Margaret Marshall, State of the Lukey notes that Past Presi- a South African native who Profession dent David Beck appointed headed the Student Congress the ACTL Task Force on Dis- at a very dangerous time in “As I look at the mandate covery as one of his initia- the Congress’s efforts to end of the College ( ‘to improve tives to address issues that apartheid, is a person whom and elevate the standards are contributing to the van- I greatly admire. Never one to of trial practice, the admin- ishing jury trial phenom- back away from controversy, istration of justice, and the enon. She says, “In conjunc- Marshall wrote the Goodrich

10 w THE BULLETIN decision for the majority her- lege and its programs over ing; and, he, too, will achieve self. It was a decision where many years.” a “first” to match his wife’s. you can absolutely under- He will be the first man to stand how people would have When Justice Marshall, one preside over the traditional different points of view—and of Lukey’s predecessors as Spouses Breakfast at College as long as I am President I President of the Boston Bar, Board Meetings and will be will never speak to what my served as Counsel to Har- the College’s first “First Gen- personal point of view is, be- vard University, she tapped tleman.” Phil and Joan met in cause that’s irrelevant. What is Lukey for a high profile Law 1975 when, as a partner and important is that the judge or School tenure dispute involv- associate respectively at Hale judges who make that kind of ing the wife of the then-cur- and Door, they worked on controversial decision should rent Secretary of Labor. She a case together. When they not be under siege. There were arranged for Lukey to meet started dating shortly thereaf- death threats following that with the Dean of Harvard ter, that became the only case decision. That’s not accept- Law School, who, rumor has on which their firm allowed able, and it made me focus on it, was rather surprised that them to work together, and how important the concept the General Counsel was they were married in 1976. of independence of the judi- bringing in a Boston Col- Following in her parent’s ciary actually is. Most judges lege Law School graduate, footsteps, daughter Heather take huge pay cuts and work rather than one of Harvard is a second year law student with limited resources. For Law School’s own alumni. at Columbia Law School them to be subjected to the Marshall has been heard to where she also received her kind of battering that our joke that, after five minutes, undergraduate degree. Chief Justice took and that Lukey had the Dean eating judges took in the Terry Schi- out of her hand. “I’m very proud of her for avo case is simply inappro- taking two years off as a priate and wrong, regardless Alice Richmond of Boston, Teach for America volunteer of one’s personal views of any who became a Fellow in 1990, in New York’s South Bronx,” given case.” one of the first two women Lukey said. Fellows from Massachusetts, How Others has known Lukey for thirty Heather shares, and even in- See Her years. “She is meticulously spired, her mother’s unusual prepared,” Richmond said. hobby of high-altitude trek- “Joan is an engaging person- “You can’t really notice that. king, including the rugged ality and, unquestionably, a But . . . that enables her to be Inca Trail to Machu Picchu in superb trial lawyer, respect- . . . very flexible in adapting Peru which they completed ed by the trial bar and others to things that are surprises last summer. The next year, who know her,” said Boston or things she had not antici- with Joan as President of the Fellow Roscoe Trimmier, Jr., pated. Always she just ap- College and Heather in her another Ropes & Gray part- pears to be seamless and ef- second year of law school, ner, a past chair of the ABA fortless.” will not likely include anoth- Standing Committee on the er such adventure. But, one Federal Judiciary. “She is Her Personal Life can be sure that there will be undaunted by challenge, has many more to come. always been a leader of the Lukey and her husband Phil Bar and a trailblazer. She has Stevenson celebrated their made significant contribu- thirty-fourth anniversary in tions in support of the Col- the midst of the Boston meet-

THE BULLETIN w 11 JOINT TASK FORCE— DENVER INSTITUTE REPORT CONTI N U E S to G E N E R ATE I NTE R E ST and ACTION

The Final Report of the joint project of the American College of Trial Lawyers Task Force on Discovery and the University of Denver-based Institute for the Advancement of the American Legal System (Institute), highlighted in the last issue of the Bulletin, has continued to draw great interest from the Bar and the judiciary.

Citing a 2008 survey of Fellows of the College, the Fi- nal Report set forth a number of principles it suggested be followed in addressing the issues of cost and de- lay that plague many parts of the civil justice system. Among them were:

• substitution of fact-based pleading in the place of the prevailing notice pleading system for com- plaints, counterclaims and affirmative defenses

• limited discovery, targeted on the issues raised in the pleadings and reasonably tailored to the amount in controversy and the com- plexity and importance of those issues and

• judicial supervision of the entire process; in- cluding setting reasonably prompt, fixed trial dates.

A draft of the Final Report was presented at the invita- tion of the Standing Committee of the Judicial Confer-

12 w THE BULLETIN ence at an open hearing in Janu- The Conference of Chief Justices that have indicated an interest in ary 2009. After the Final Report is holding a conference in Novem- conducting pilot projects of one was approved by the College’s ber 2009 to consider civil justice sort or another. Board of Regents, it was released reform, and it is using the Final to the public. That release gener- Report to kick off its discussion. To document the need for change, ated widespread publicity in both The report will also be on the the Institute is engaged in an am- mainstream and legal media, in agenda at a May 2010 Rules Con- bitious data collection effort, academic writing and on the ference involving decision makers seeking cost information on re- Internet−publicity that continues. in the Federal court system. cently closed litigation, includ- ing the proportion of such costs A copy of the Final Report was Preparation for related to discovery and the rela- sent to all the state court Chief Pilot Projects tion between cost and the amount Justices and to the chairs of state in controversy and the ultimate civil rules committees. To date, To make it easier for interested outcome of the litigation. This six states and one federal juris- jurisdictions to try new proce- data will be particularly enlight- diction have indicated an interest dures, the members of the Col- ening to judges who often have in doing pilot projects to test the lege’s Task Force have contin- no way to become aware of the approach suggested by the Final ued to work with the Institute to actual costs incurred by litigants Report. develop Pilot Project Rules that in navigating the justice system. would implement the principles A number of conferences around suggested in the Final Report. The Institute also plans to dis- the country have focused on the Simultaneously, the Institute is tribute to corporate in-house Final Report. The Lawyers for developing both Caseflow Man- counsel a survey similar to that Civil Justice made the report the agement Guidelines that would conducted among Fellows of primary topic of their Spring con- be available to judges who are the College. It is considering the ference. The Litigation Section implementing the rules in pilot possibility of similarly survey- of the American Bar Associa- projects and suggested measure- ing Federal District Judges and tion is submitting a version of the ments that would allow court Magistrate Judges. It is also sur- College’s survey to its members. administrators to measure the veying practitioners in Arizona Representatives of the Task Force success of the experimental pro- and Oregon−states whose proce- and the Institute have made pre- cedures. dural rules do not track the Fed- sentations to regional and national eral Rules of Civil Procedure−to meetings of other organizations. It is the goal of both the Col- assess the effectiveness of their lege Task Force and the Institute systems. In Oregon, the Institute The Institute held a conference to have the Pilot Project Rules is creating a database of closed in March 2009, entitled “Civil and the Caseflow Management cases so as to compare the rela- Rules Summit: From Anecdotes Guidelines available in a ‘tool tive cost-effectiveness of the state to Action.” The participants in- kit’ for jurisdictions that may un- and federal procedural rules in cluded the chair of the Judicial dertake pilot projects by October terms of time to disposition, time Conference Standing Commit- 2009. The Institute hopes to have to resolve motions, numbers of tee, in-house counsel; academics, the Measurement Protocol soon discovery disputes and resulting practicing lawyers and judges at thereafter. cost to litigants. the state and federal level. Sev- eral members of the College’s The Institute and Fellows of College President Joan A. Lukey, Task Force also participated in the College who have been in- installed as President in Boston that conference. volved in this effort are already working with those jurisdictions L

THE BULLETIN w 13 on October 10, has stated her in- portant project,” Lukey said. To tain and improve the adminis- tention to make the work of the that end, she has appointed the tration of justice. All Fellows Task Force and the success of the Regent Liaisons to the College’s engaged in civil trial work are pilot programs one of the highest Federal Rules of Civil Procedure urged to study the Report, both items on her agenda for the com- Committee, Judiciary Committee to become advocates for badly ing year. and Jury Committee as members needed changes in our civil jus- of the Task Force. tice system and to be prepared to “The Board of Regents has al- help take the lead in those states ready indicated its strong support The Final Report of the College’s that will conduct pilot projects to for the continuing efforts of the Task Force can be found on the test the validity of the proposals Task Force, and I want to be sure College and Institute websites. It contained in the Report. that we maximize the very real was reported in detail in the last possibility of having a positive issue of the The Bulletin. The impact on the civil justice system ultimate goal of this project fits by integrating our outstanding squarely within one of the main General Committees into this im- purposes of the College, to main-

Re: Task Force on Discovery/Suggested Principles

Having participated in the survey sent out by the College in 2008, I read your recent report in the Summer 2009 The Bulletin, as well as the suggested principles, with great interest. I agree with each one of the principles stated, and hope that they will all find their way into the Rules of Civil Procedure in the near future......

Thanks very much to . . . all . . . members of the Task force who labored on this meaningful and valuable effort at reforming the way we have come to practice.

Sincerely yours, John B. Clark, FACTL Daniel Coker Horton & Bell Jackson, Mississippi

******************

The Institute for the Advancement of the American Legal Profession, with which the College’s Task Force on Discovery has been working on the joint project to find the causes and possible remedies for the problem of cost and delay in the civil justice system, is creating a sub-site, www.du.edu/legalinstitute/tcri_publications.html, on its website to provide a comprehensive source of information about civil rules in the United States.

14 w THE BULLETIN

Awards, Honors and Elections

Morgan Chu of Los Angeles, California has received an Honorary Doctoral Degree from the City of Hope Graduate School of Biological Sciences.

Susan Gaertner of St. Paul, Minnesota, a recently inducted Fellow, has received the Norm Maleng Minister of Justice Award from the Criminal Justice Section of the American Bar Association. Gaertner, the Ramsey County (Minnesota) Attorney, is the Susan Gaertner eighth recipient of the award given to an outstanding prosecutor.

R egional Roundup

Thirty Fellows attended the Ontario Fellows Annual Dinner on June 17 at the Royal Canadian Yacht Club. Province Chair Trisha Jackson was in charge. In the gathering was former Regent Bob Armstrong, who served only three months before being appointed to the Court of Appeals. President Jack Dalton presented the Best Oralist award from the Gale Cup to Kendra Naidoo from the University of British Columbia.

Minneapolis, Minnesota’s showcase 1930 hotel, The Foshay, was the headquarters for the biannual meeting of Region V in late June. With President Jack Dalton and his wife, Marcy, in attendance, the opening night dinner was held on Nicollet Island Pavilion in the middle of the Mississippi River. Minnesota State Chair Karl Cambronne and Vice Chair Kathleen Flynn Peterson organized the three-day event. The highlight came when President Dalton presented the Best Oralist from the Sopinka Cup to David Ireland from the University of Manitoba, who showed up wearing formal Scottish kilts.

THE BULLETIN w 15 A Towering Presence in the Fight Against Injustice

S MALL RACIALLY INTEGRATED SOUTH ERN LAW FIR M has produced A GENERATION OF LEADERS AND FIVE FELLOWS OF TH E COLLEG E

“No law firm in the country has had more impact on—and I suspect sacrificed more for— the cause of civil rights . . . , this often in the face of threats and hostility that have been real and tangible.” August 2004 presentation by the Lawyers’ Committee for Civil Rights Under Law of its Civil Rights Legacy Award to Ferguson, Stein, Chambers, Adkins, Gresham & Sumter, PA.

At 4:30 a.m. on February 4, 1971, the telephone rang in Julius Levonne Chambers’ motel room in Raleigh, North Carolina. His wife was calling to tell him that his Charlotte firm’s law office had been torched. The roads were icy, Charlotte was 150 miles away and the damage was done, and so Chambers, by his own account, poured himself a drink and went back to bed. After all, this was not a new experience for him.

The Origin of a Law Firm

Six and a half years earlier, in June 1964, with the help of a $17,000 grant from the NAACP Legal De- fense and Education Fund, twenty-seven year old Chambers had set up a solo law practice near down- town Charlotte, North Carolina in an unheated, un- James Ferguson FACTL and Julius Chambers FACTL airconditioned walk-up above a loan company. Photo courtesy of Greater Charlotte Biz Magazine.

16 w THE BULLETIN Legal Defense Fund Director- And so, Chambers proceeded Over the years, that firm, which Counsel Jack Greenberg had to build a firm in which other has never numbered more the idea that civil rights cases lawyers took on other kinds of than a dozen active lawyers could be more effectively pros- work to support the civil rights at any one time, has produced ecuted if there were local law cases. As they later jokingly five Fellows of the American firms that could be counted on put it, they did non-civil rights College of Trial Lawyers: Ju- to help carry the ball. Char- work, getting paid, so that they lius L. Chambers (92), James lotte was one of a half dozen could do civil rights work, E. Ferguson, II (86), James C. southern cities he selected for where they did not get paid. Fuller (94), Charles L. Becton this purpose. (99) and Henderson Hill (07). A Look Back Greenberg and his predeces- And in 1994, it produced the sor, Thurgood Marshall, had In 2009, the law firm Cham- ninth winner of the College’s earlier chosen Chambers as bers created remains the only Courageous Advocacy Award, the Legal Defense Fund’s first survivor of Jack Greenberg’s Julius Chambers. intern. Chambers had gradu- venture. During its first de- ated summa cum laude from cade, this firm may have done The Firm Evolves a historically black campus more to influence evolving of the Greater University of civil rights law than any other In 1967, Chambers had brought North Carolina, earned a Mas- private law firm in the Unit- in two young lawyers, Co- ters degree in history from the ed States. It has been widely lumbia Law School gradu- University of Michigan and celebrated for its early role in ate James Ferguson, who had three years later, in 1962, had making the promise of Brown grown up in Asheville, North graduated from the Univer- v. Board of Education a reality, Carolina, where as a student sity of North Carolina School for helping to put flesh on the at an all-black high school, of Law, valedictorian of his bones of Title VII of the Civil he had led a local movement class and the first black Editor- Rights Act of 1964 and the Vot- for racial equality, and Adam In-Chief of its law review. He ing Rights Act of 1982 and for Stein, a young white lawyer had earned an L.L.M. from Co- its continuing role in making who had begun doing civil lumbia while interning for the our criminal justice system rights work as a law student at Legal Defense Fund. more just and more humane. George Washington Universi- ty. Both had worked as interns Rather than simply acting as Often overlooked in the recog- in Chambers’ office while they local counsel in civil rights nition of its contribution to the were in law school. cases, however, Chambers set clients it represented in its more out to build a private law firm celebrated cases and to the de- Hiring these two and James E. that would operate in the pub- velopment of the law it helped Lanning, a white graduate of lic interest by bringing high- to shape are the collective pro- the University of North Caro- profile cases while at the same fessional accomplishments of lina Law School, Chambers, time providing general legal those who have been a part of in an unspoken statement that representation to the minority the firm over the intervening was not lost on the commu- community. forty-five years. It has spawned nity, created the first racially a remarkable collection of integrated law firm in North Civil rights cases were pro- professionals who have set a Carolina and one of the first in tracted and expensive. The standard of public service and the South. Over the years, this day when they might start pro- leadership in public affairs that firm has maintained something ducing fees was years away. would be difficult to bonmatch. close tomot an even racial balance.

THE BULLETIN w 17 The First Case bers’ home and those of three two of Chambers’ former law other civil rights activists in professors dug into their own Two months after Chambers Charlotte were firebombed. pockets to help defray the cost hung out his shingle, he had re- He boarded up his front door of relocation. Some, looking ceived a call from the wife of a with a sheet of plywood and back from the vantage point black Presbyterian missionary, he and his family, refusing to of time, see this response as a in Charlotte on a sabbatical, leave home, spent the rest of turning point, an awakening of whose son had been assigned the night there. other lawyers to the realization to a segregated elementary that this was not the Chambers school. That call would lead to The hostility towards Cham- firm’s battle to fight alone. a class action that would last bers was not confined to for eleven years, make Cham- strangers in the night. One In his characteristic understat- bers a national figure in the College Fellow, L.P. “Tony” ed, unemotional way, Cham- civil rights movement, change Hornthal, Jr. of Elizabeth bers later referred to these in- the rules of the game for dis- City, North Carolina, recalls, cidents as “things that made mantling racially segregated “Some of us older heads have life interesting.” Ferguson put school systems and change his some stark recollections of it this way: “You can’t do this adopted city forever. what these lawyers endured work and be scared.” with such courage and profes- That case, filed in January sionalism. Julius appeared in When Chambers argued the 1965, was Swann v. Charlotte- Elizabeth City in federal court appeal in Swann in the United Mecklenburg Board of Education. in the mid-60s. I was the only States Supreme Court in Octo- That same month in New Bern, lawyer to greet him and shake ber 1970, he was only thirty- North Carolina, Chambers’ his hand.” four years old. The District parked car had been blown up Court’s 1969 order to eliminate with a stick of dynamite while As the Swann case slowly all racially identifiable schools, he was making a talk about wound its way through the using every available tool, in- school integration. He would judicial system, the hostility cluding if necessary busing, thereafter joke that he always towards Chambers, his fam- was affirmed by a unanimous left his car door open and one ily, his law partners and James Court on March 20, 1971. It foot on the ground while he B. McMillan, the Federal Dis- was to have a profound effect started the engine to increase trict Judge overseeing the case, on accelerating the progress the chances that if the car blew grew. In August 1970 Cham- of public school desegregation up, he would be blown out in- bers, father’s garage in the throughout the United States. stead of blown up. small central North Carolina town of Mt. Gilead had been The late Federal District Judge Later that year, Chambers set afire. It was again torched McMillan, before whom had filed suit seeking to inte- on New Years Day of 1971. Chambers tried many of his grate the Shrine Bowl Game, Then on February 4 came the cases, including Swann, once in which all-star teams of the fire at his law office. observed, “There are lawyers best white public high school who come to court and who football players from North This final act of violence put witnesses on the stand and South Carolina competed brought swift response from without knowing what they annually. the community. Opposing are going to say. Julius spends counsel helped the firm to rec- all the necessary time learn- Shortly after midnight on reate pleading files. Members ing . . . then asks simple ques- November 22, 1965, Cham- of the local bar and twenty- tions and gets simple answers.

18 w THE BULLETIN .. . . He does not try to create a Award to both Chambers and on the same day that the Swann case where one does not exist Judge McMillan. opinion was handed down, the or to advocate a viewpoint that United States Supreme Court is not based on fact. As a trial The Firm’s overturned the death sentenc- lawyer, he is an educator, not a First Decade es of four of the firm’s clients, debater.” who had been convicted under Swann would become the first North Carolina’s then-prevail- One of Chambers’ opposing of a remarkable string of cele- ing mandatory death penalty counsel in Swann later com- brated cases, civil and criminal, statute. mented, “He was a very able that the small law firm Cham- lawyer and a gentleman. We bers founded prosecuted to In 1970 James Ferguson, three kept each other informed of successful conclusions during years out of law school, was where we were coming from. . one of the most trying eras of appointed private prosecutor . . Julius knew how to make a our national history. The firm to assist the local district attor- point without getting emotion- ultimately prosecuted over ney in a small eastern North al . . . . Some lawyers you don’t two hundred separate school Carolina town in prosecuting enjoy working against. I en- desegregation cases. two white citizens who had joyed working against him.” admittedly killed Henry Mar- Griggs v. Duke Power Co., out- row, a twenty-three year old The Swann case is chronicled lawing non job-related em- black Vietnam veteran. In the in Frye Gaillard’s The Dream ployment tests used to segre- wake of the killing, the town Long Deferred (1986), in Ber- gate employees by race, which had been engulfed in a confla- nard Schwartz’ Swann’s Way Chambers argued before the gration of violence and unrest. (1986), in Reading, Writing & Supreme Court two months af- An all-white jury, accepting a Race, by Davison M. Doug- ter Swann, and Albemarle Paper defense that wandered from las (1995) and in a chapter in Co. v. Moody, which held that self-defense to accident, acquit- Woodward and Bernstein’s back pay awards should follow ted the defendants. That case The Brethren (1979). a finding of discrimination, is the subject of a book, Blood are widely regarded as major Done Sign My Name, by Timo- Busing as a tool for school de- landmarks in the development thy B. Tyson (2004). segregation was a failure in of employment discrimination many places, but in Charlotte law under Title VII of the Civil In 1971, Charles Becton and it pricked the conscience of the Rights Act of 1964. James Lanning, one black, one community, produced a new white, successfully defended generation of leaders who ulti- And while Chambers was the first black officer on the mately drafted a pupil assign- leading the effort systemati- police force of a small cen- ment plan that resolved the cally to dismantle a culture tral North Carolina town who case and created a spirit that of racial segregation that was was charged with murder in still drives the community. by no means confined to the the death of a white business southern states by prosecuting owner. In advance of the jury In 1980, a different Charlotte- school desegregation and em- verdict, the presiding judge Mecklenburg Board of Educa- ployment discrimination cases had quietly summoned a rein- tion adjourned early so that with national significance, oth- forcement of state highway pa- its members could attend a ers in the firm were battling trolmen, and when the verdict dinner at which the National on multiple fronts, notably of acquittal was announced, Conference of Christians and including criminal defense of ordered everyone in the court- Jews presented its Brotherhood minority defendants. Indeed, L

THE BULLETIN w 19 room to remain seated while against some Duke students Rights Act. In 1986, it suc- the patrolmen escorted the de- for their takeover of the ad- cessfully argued Thornburg fendant and his lawyers from ministrative building during v. Gingles, a case under the the courthouse and all the way the civil rights uprisings. I had Voting Rights Act of 1982 in- through two counties to safety. never encountered a more pro- volving the redrawing of state fessional and upright lawyer, legislative districts. In 1988, In 1972, Ferguson defended and I remembered that experi- it successfully argued West v. defendants known as the ence the rest of my career. It Atkins, involving the interpre- Charlotte 3, accused of burn- was a wonderful example of tation of “under color of state ing a barn and killing several how a lawyer should act.” law” within the meaning of § horses in a case with racial 1983. In 1988, it successfully overtones. Two years later On less visible fronts, other argued Reed v. United Trans- their sentences were over- lawyers in the firm were portation Union, involving the turned when it was discov- quietly going about the ev- free-speech rights of a union ered that the two prosecut- eryday business of a general member. In the 1990’s the firm ing witnesses had implicated law practice, handling all the argued a series of cases relat- themselves and had then been other work that the firm’s ing to congressional redistrict- given immunity from prose- growing clientele brought, ing that ultimately allowed cution in return for their testi- including plaintiffs’ personal the election of the first two mi- mony against the defendants. injury suits. nority members of the United States House of Representa- And two months later, Fergu- Other lawyers marveled at this tives since Reconstruction. son defended the Wilmington small firm’s ability to handle 10 in a case involving a race- the work load it undertook. By the end of the nineties, four related grocery store bombing. Long-time firm partner John different lawyers in the firm In 1977, the case was featured W. Gresham explained in a had argued and won cases in on a segment of 60 Minutes, 2009 newspaper interview, the United States Supreme and in 1978 Amnesty Interna- “Chambers established a way Court, some of them more tional labeled the defendants’ of interacting that served us than one. Chambers alone had conviction and incarceration well through the years.” Not- argued and won eight cases in for a total of 282 years the first ing that in many law firms, that Court. instance of political prison- lawyers become “territorial,” ers in the United States. Their he explained that in this firm, In the state courts, in 1990 in sentences were later reduced the lawyers “subvert self-in- Whittington & Planned Parent- and the Fourth Circuit Court terest to group interest.” hood v. North Carolina Depart- of Appeals ultimately over- ment of Human Resources, the turned their conviction and Subsequent History firm successfully prevented exonerated them. the enforcement of regulations Throughout the 1980’s and that would have invaded the One of Ferguson’s early oppo- 1990’s the firm’s Supreme privacy of applicants for legal nents, College Fellow Robert Court practice spread to other abortions and victims of rape F. Baker, of Durham, North arenas, with several of its law- and incest. Carolina, recalls, “I had the yers taking the lead. In 1985 pleasure early in my career the firm successfully argued In 1992, in Corum v. University of opposing Jim Ferguson in Anderson v. Bessemer City, an of North Carolina, the North the Duke [University] Judicial early sex-discrimination case Carolina Court of Appeals first board hearings on the charges under Title VII of the Civil held that violation of the state

20 w THE BULLETIN Constitution gave rise to a North Carolina resource center of those who have been a part claim for damages against the for those defending death pen- of it over these forty-five years. responsible state agents. alty cases joined the firm. Some are still a part of the firm, others have moved on, taking Many of the firm’s cases in this In 2005, Bryan Nichols, had with them the foundation laid era involved the rights of pub- gone berserk in an Atlanta by their early experience in the lic school employees. They courthouse, killing a judge firm. included Boring v Buncombe and three others. After At- County Board of Education (4th lanta lawyers who practiced In 1984, Chambers departed Cir. 1988), holding that pub- in that court had understand- to become the third Director- lic school teachers have First ably declined to undertake the Counsel of the Legal Defense Amendment rights. representation, Hill and an- Fund, following in the wake of other partner, sought out for Thurgood Marshall and Jack The firm continued to handle a their expertise in death pen- Greenberg. Then in 1993, he heavy load of trial work, both alty cases, accepted a court ap- left the Legal Defense Fund criminal and civil. Following pointment to defend Nichols. and returned to North Caro- in the wake of the major Title After a stressful 2008 trial in a lina to become Chancellor of VII cases, the firm prosecuted hostile environment in which his undergraduate alma mater, class actions to dismantle racial jury selection took two months North Carolina Central Univer- discrimination in a number of and the trial three more, the sity. He was recruited by C. D. still-segregated industries, in- jury was unable to agree on Spangler, whose first venture cluding the trucking industry. the death penalty, and Nichols into public service had been It also developed expertise in was sentenced to life without to chair the local school board areas such as education law, parole. in the early seventies, imple- teachers’ rights and police mis- menting Swann, and who had conduct cases. Ferguson had also begun to ap- gone on to become president ply his trial skills to prosecut- of the Greater University of In 2004 Ferguson was instru- ing catastrophic injury, medi- North Carolina. Having com- mental in the exoneration cal malpractice and wrongful pleted his term at North Caro- through the use of DNA analy- death cases. The firm’s website lina Central, Chambers is now sis of Daryl Hunt, who had discloses that over the most re- the director of the Civil Rights spent 19 years in prison for a cent five-year period the firm Center at the University of rape and murder he did not had four seven-figure recover- North Carolina at Chapel Hill commit. In 2005 the firm pro- ies, two six-figure ones and a and of counsel to his old firm. cured the reversal of a death number of major cases whose penalty case based on ineffec- settlement amounts were held In addition to the College’s tive assistance of counsel. confidential. Courageous Advocacy Award, Chambers has been honored The firm continued to attract Collective with the Aetna Voice of Con- bright young lawyers. In 1996, Accomplishments science Award, the Congressio- Henderson Hill, an African- nal Black Caucus Foundation’s American Harvard Law grad- Perhaps as incredible as the Adam Clayton Powell Award, uate who had come to North firm’s contribution to the cli- the Thurgood Marshall Award Carolina after a ten-year stay ents it represented in those from the ABA Section of Indi- in the appellate public defend- cases and to the development vidual Rights and Responsi- er’s office in Washington, D.C. of the law it helped shape are bilities, and the ABA Spirit of to become the director of a the collective accomplishments L

THE BULLETIN w 21 Excellence Award. In 2005, the (NITA). One of the one hun- An African American who University of North Carolina at dred members of the Inner Cir- went through law school nev- Chapel Hill, whose undergrad- cle of Advocates, he has been er having witnessed a trial or uate school had fifty-one years named one of the nation’s top a court proceeding, Becton be- earlier denied him admission ten trial lawyers by the Na- came a legendary trial advoca- on account of his race, award- tional Law Journal. For fifteen cy teacher. Regularly selected ed him an honorary Doctor years he was General Counsel to demonstrate trial advocacy of Laws degree. He used his of the ACLU. skills in ABA, NITA and ATLA commencement address to re- video series, he is the John mind his audience of both how Many years ago, through the Scott Cansler Lecturer at the far we have come and how far auspices of NITA, Ferguson UNC School of Law and a Se- we have yet to go. began to go each year to South nior Lecturer at Duke Univer- Africa to conduct training in sity School of Law. He has re- Over the forty-five years of its trial skills for black lawyers ceived the William J. Brennan, existence, the firm Chambers who had been deprived of ade- Jr. Trial Advocacy Award, the created, which never num- quate training during the days Roscoe Pound Foundation’s bered more than a dozen active of apartheid. He and partner Richard S. Jacobson Award lawyers at any one time, has, Geraldine Sumter, along with from ATLA, which recognizes in addition to him, produced former UNC Law School Dean the nation’s best trial advocacy a steady stream of public ser- Kenneth Broun, also a former teacher, and the Robert Keeton vants and leaders in the public Chair of NITA, were recently NITA Trial Advocacy Teaching arena. honored by the post-apartheid Award. government of South Africa. In 1980, Adam Stein was ap- Their work is chronicled in He recently completed a term pointed the first North Caro- Black Lawyers, White Courts by as President of the North Caro- lina Appellate Defender, a post Kenneth Broun (2000), with a lina Bar Association, the second he held for four years. Resi- foreword by Chambers and a of his race to hold that office. dent in the firm’s Chapel Hill message by Nelson Mandela. office, he has been president Melvin Watt, who joined the of his local Bar, president of After some years with the firm the same time as Becton, his local Legal Services Board, Chambers firm, Charles Bec- was the son of a single parent president of the North Caro- ton spent nine years on the who by his own account grew lina Academy of Trial Lawyers North Carolina Court of Ap- up in a house with no electric- and a member of the national peals, then returned to private ity and no running water. A governing body of ATLA. A practice. He relates, “When I Phi Beta Kappa graduate of founder of the North Carolina joined the Chambers firm in UNC-CH and a member of the Center for Death Penalty Liti- 1970, Julius Chambers’ ad- Yale Law Journal, he served gation, he remains of counsel vice to me was: ‘Try every one term in the North Caro- to the firm. case against every lawyer as if lina Senate, where the media you will have to try every case quickly dubbed him “the con- James Ferguson has served as against that same lawyer for science of the Senate.” He re- president of both the North the rest of your life. That law- linquished his seat after one Carolina Association of Black yers needs to know that your term and withdrew from pub- Lawyers and the North Caro- word is your bond—that you lic life until his two sons had lina Academy of Trial Lawyers can be trusted. Be courteous, finished high school. In the and as Chair of the National civil and professional.’” interim, he served as President Institute of Trial Advocacy of his local Bar and managed

22 w THE BULLETIN two successful mayoral cam- sociation and three were presi- and made it more fair and paigns of firm client Harvey dents of the statewide black more just. It was humbling to Gantt, Charlotte’s first African- lawyers’ association. Two be there and listen to all that American mayor, and Gantt’s alumni are now law school they had done in the face of two unsuccessful campaigns professors. Ten past and pres- odds (and hate) that few of us for the United States Senate. ent members of the firm are have experienced.” In 1992, Watt was elected to the or have been adjunct profes- United States House of Repre- sors or lecturers in law at least Clearly, the challenges that gave sentatives, one of the first two twelve different law schools, rise to the creation of this firm minority Congressmen from including Harvard, Columbia, are not gone. Geraldine Sum- North Carolina since Recon- Michigan, Penn, Virginia, the ter can show a visitor a noose struction. He has served as University of North Carolina left with ominous significance Chair of the Black Congressio- and Duke. in the workplace of one of her nal Caucus and currently sits clients. Those who raise issues on the House Financial Servic- Public Recognition of unlawful discrimination are es Committee and the House of the Firm as still the subject of subtle retali- Judiciary Committee. an Institution ation. Schools that were freed at great price of overt racial dis- In addition to Becton, James In addition to national recog- crimination are slowly resegre- Fuller became a judge of North nition through the Civil Rights gating as the courts decide case Carolina’s intermediate appel- Legacy Award presented to the by case that this is no longer late court. James Lanning and firm by the Lawyers’ Commit- their burden. Death rows are Yvonne Mims Evans, a gradu- tee for Civil Rights Under Law, still inhabited by people who ate of Wellesley and Duke a private, nonprofit, nonparti- do not belong there. Law School, the first woman san legal organization formed in the firm, and five other for- at the request of President John Nevertheless, one might won- mer members of the firm went F. Kennedy in 1963, it has been der how different this firm’s on to become state court trial similarly honored in its own community and state, and in- judges. Leslie Winner, the community. In 2009, it received deed, all the other beneficiaries firm’s first white female law- the Echo Award Against Indif- of its accomplishments, might yer, served in the North Caro- ference, given by a foundation be today, and how much far- lina Senate. Ironically, she also whose creation was inspired ther we would still have to served as General Counsel by a 1997 visit to Charlotte by go, had Julius Chambers not of the Charlotte-Mecklenburg Nobel Laureate Elie Wiesel. seen his father unable to find Board of Education, the firm’s a lawyer who would handle opponent in Swann. She then James P. Cooney, III, a College his claim against a white truck became Vice-Chancellor and Fellow from Charlotte, com- owner who had refused to General Counsel of the Greater mented on the night when that pay a large debt he owed him. University of North Carolina award was made. “I had the It was that experience that and is now Executive Direc- pleasure of attending the din- made a teenage Chambers de- tor of the Z. Smith Reynolds ner. It reminded me of how cide that when he grew up, he Foundation, a major private different Charlotte and this would become a lawyer. philanthropic organization. State would have been with- out this firm and these law- Three members of the firm yers. They have achieved the have served as presidents of ultimate goal—as trial lawyers the statewide trial lawyers’ as- they transformed this place

THE BULLETIN w 23 FE LLOWS U RG E D TO S E RVE as judges in STU DE NT COM PETITIONS

The College’s co-sponsorship of The role of these judges and jurors quality of the experience and its the National Trial Competition traditionally goes beyond merely value to the student participants and National Moot Court con- choosing the winners. They use is measurably diminished. test as well as the Sopinka Cup the occasion as a teaching tool, and Gale Cup contests in Canada providing constructive criticism The chairs of the National Moot expose well over 2,000 law stu- at the end of the competition, so Court and National Trial Compe- dents to real-life exercises in tri- that the exercise can be a learning tition committees urge individu- al or appellate practice under the experience for all the participants, al Fellows to volunteer a day or critical eye of lawyers and judg- winners and losers. so to help make these competi- es who play the roles of judges tions a success. They also urge and jurors. In those regions in which Fel- the various State Committees to lows of the College participate as make participation in these com- Students from over 150 law judges and jurors, the comments petitions by their Fellows a com- schools compete each year in the of the students who compete mittee project. National Trial Competition, and have been universally favorable. winners in the regional competi- They appreciate both the oppor- The chairs of the analogous Ca- tions competing in this year’s fi- tunity to learn from experienced nadian competitions generally nal round March 26-28, 2010 in advocates, and their willingness make direct arrangements with San Antonio, Texas. to devote time and effort to shar- those Fellows whose participa- ing their experience. tion is needed to make them a Over 165 schools compete in the success. Gale Cup finals are Feb- National Moot Court Competi- Too often, however, because of a ruary 26-27, 2010; Sopinka Cup tion in fourteen regions, leading lack of communication between Competition ends on March 12- to the final round February 1-4, the sponsors of some regional 13, 2010. 2010 in New York City. competitions, generally law schools and local or state bar or- The dates and exact locations of In addition to its financial sup- ganizations, and College Fellows the regional competitions in the port, including the awarding of in their areas, too few Fellows United States and detailed con- prizes to the winners, the Col- have participated. Too few Fel- tact information for those who lege has traditionally provided lows even know where and when wish to volunteer are posted on judges for the regional Moot the competitions are taking place the College website. Court Competitions and judges in their areas. In those regions and jurors for the National Trial where the judges and jurors lack Competitions. the experience and the perspec- tive of seasoned trial lawyers, the

24 w THE BULLETIN I N M E MORIAM

In this issue we note the passing of forty-three Fellows, the youngest sixty-two, the oldest approximately one hundred. Four were in their sixties, ten in their seventies, seventeen in their eighties and twelve in their nineties (including the one who may have been one hundred). One died less than five months after his induction into the College. The College’s solicitation of address changes for the next published roster always brings to the surface Fellows whose passing had not previously been brought to the College’s attention, many of them long retired to places away from where they practiced law, several over twenty years ago. Despite our research, their histories remain in great part unknown to us. Of those whose histories we know, twenty-five had military service, fifteen in World War II, two in the Korean conflict, one in both World War II and Korea and seven in peacetime service. As usual, in addition to their accomplishments as trial lawyers, those whose passing we mark include many with colorful backgrounds and fascinating stories. They include: a Fellow who, as a special agent in the predecessor of the CIA, was responsible for the security of two presidents, Fidel Castro and Nikita Khrushchev; a high school debate partner of NBC news anchor Chet Huntley; an all- conference quarterback; another who lettered in four different sports in college; one who as a prosecutor convicted Chicago mobsters Israel “Ice Pick Willie” Alderman and “Milwaukee Phil” Alderisio; one who successfully defended a former Governor in his impeachment trial; a Justice of the Supreme Court of Canada, whose grandfather signed the treaty of Versailles and who himself in retirement became the legal watchdog of the Canadian cryptologic spy agency; one who wrote the entry on maritime law in the 15th edition of Encyclopedia Britannica and who at age ninety testified as an expert witness in the salvage case involving the wreckage of the Titanic; a Marine fighter pilot who was one of only ten survivors in his squadron to return from a raid on an island in the South Pacific; a field artillery commander in the Battle of the Bulge, who was taken prisoner in 1944; one who survived the sinking of two ships in World War II and who came home with fifteen battle stars; one who founded a small firm that produced three federal judges and a state supreme court justice; one who represented the Swedish America Line in the litigation arising out of the sinking of the Andrea Doria; one who was licensed to practice law at age eighteen, a year after he finished high school, and who then went to undergraduate school; one who began his practice in the oldest law firm west of the Mississippi River; two who retired to Hawaii, one who retired to Ireland, one who chose to be buried in Israel and one who chose to be buried at sea; a past president of the Canadian Bar Association: one who was a law student under a professor and Senator-to-be named Wayne Morse and himself later served in the United States House of Representatives, one who in retirement returned to college to study poetry and one in whose living room the firm that was to become Nike was born.

We think that you will find the rich histories of those who have passed from among us worthy of contemplation.

THE BULLETIN w 25 Charles H. Abbott (83), a Fellow Emeritus 2009 of natural causes at age 97. In high school, from Falmouth, Maine, died June12, 2009 at his debate partner was the late NBC news age 73 after a four-year battle with Alzheimer’s anchor, Chet Huntley. After graduation from disease. A graduate of Bowdoin College, the University of Montana and from its School he had been a financial analyst for Dunn & of Law, he practiced law into his mid-seventies. Bradstreet and, as an officer in the U.S. Army He had served as president of both his local Bar Counterintelligence Corps, was a special agent and the Montana State Bar Association. During responsible for the security of heads of state his career he had been a special assistant to the and dignitaries, including Presidents Dwight D. U.S. Attorney General acting as a hearing officer Eisenhower and Harry S. Truman, Fidel Castro in conscientious objector cases. He led various and Nikita Khrushchev. After graduating from civic organizations and had served several terms Yale Law School, he joined the Auburn, Maine on the College’s Montana State Committee, firm of Skelton, Taintor & Abbott, ultimately including serving as its chair. His local Bar serving as its chairman. He had served as had honored him by creating an award in his president of his local Bar, on numerous name, given periodically to one of its members committees and commissions appointed by the for demonstrating outstanding competence in Governor and the Supreme Court of Maine and law and trial advocacy. A widower who had on the Judge Selection Commission for the remarried, his survivors include his second wife, First Circuit in the Carter Administration. He two sons and a stepdaughter. had also served on the boards of directors of two publicly held corporations, as well as on Harold F. Baker (76), a Fellow Emeritus and several civic and cultural boards. He had also the founder and former managing partner of served three terms on the College’s Maine State the Washington, District of Columbia, firm Committee, including a term as its chair, and on Howrey LLP (formerly Howrey, Simon, Baker the College’s Complex Litigation Committee. & Murchison), died November 11, 2008 at Raised on a working farm, he was an age 87 of complications following surgery. outdoorsman throughout his life. His survivors A graduate of Asbury College in Wilmore, include his wife, two sons, a daughter, a stepson Kentucky, he served in the Army Signal Corps and a stepdaughter. in World War II. Based on Saipan, his unit was responsible for relaying messages from General Edward C. Alexander (61), a Fellow Emeritus Douglas MacArthur’s headquarters back to from Great Falls, Montana, died August 13, L

26 w THE BULLETIN Hawaii. After the war, he graduated at the top Award. His survivors include his wife, who of his class from George Washington School of was also his law partner, a son, two daughters, Law. An antitrust lawyer, he had represented a stepson and a stepdaughter. numerous national corporations in high- profile litigation. After his 1986 retirement, Robert M. Bertsch (84), a Fellow Emeritus he moved to Boyds, Maryland, where he from Dubuque, Iowa, died July 27, 2009 at became involved in numerous civic activities. age 78 of multiple myeloma. A graduate of A defender of farming and the preservation Loras College, where he played baseball and of open space, he collected and raised dwarf was an all-conference football quarterback, conifers from all over the country and owned and of Georgetown University Law School, an antique mart, collecting American art he served in the U.S. Marines as a platoon pottery. His survivors include his wife, a son leader and staff legal officer before joining and a daughter. the firm of O’Connor, Thomas, McDermott & Wright (now O’Connor and Thomas, PC). Andrew T. Berry (09), Chairman of the He had held leadership roles in numerous Newark, New Jersey, firm McCarter & civic and educational organizations and English, died July 2, 2009, at age 69, less had been president of his county Bar. His than five months after his induction into the survivors include his wife, a daughter and College at the Spring meeting in Puerto Rico. two sons. A cum laude graduate of Princeton and of the Harvard Law School, he was a Fellow of Hon. William D. Browning (84), a Judicial both the College and the American Academy Fellow from Tucson, Arizona, retired United of Appellate Lawyers. He had served in States Judge for the District of Arizona died a number of leadership roles in civic and February 26, 2008 at age 76 after a two- charitable organizations. His leadership of his year illness. A graduate of the University of firm in increasing its commitment to pro bono Arizona and of its School of Law, he served causes, including representation of returning in the Air Force and, before he ascended to veterans, death row inmates, dispossessed the bench enjoyed flying his own planes. The tenants and others seeking equal justice had local chapter of the Federal Bar Association, been recognized by the New Jersey Chapter of which he organized, bears his name. His the American Jewish Committee by awarding survivors include his wife and four children. him its Judge Learned Hand Human Relations

THE BULLETIN w 27 Marcus Randolph Clapp (86), a Fellow Investigation, then formed his own law firm Emeritus, retired from his Anchorage, Alaska, with two fellow lawyers, both of whom later law firm, died June 5, 2009 at age 65 of went on the bench. From time to time he Parkinson’s Disease. A graduate of Arizona had held various prosecutorial positions, State University and of the University of including Assistant United States Attorney, Arizona School of Law, he clerked on the Special Counsel for the Department of Justice Arizona Court of Appeals, then moved to and Special Assistant Attorney General Anchorage, Alaska to work for the state’s for Colorado. As a government lawyer, he oldest law firm. During the years when the successfully prosecuted notorious Chicago Alaskan Pipeline was being built, he opened mobsters Israel “Ice Pick Willie” Alderman an office for his firm in Fairbanks. In 1994 and “Milwaukee Phil” Alderisio. In 1980, his he started his own firm, Clapp, Peterson, firm merged with Baker & Hostetler, and he Van Flein, Tiemessen and Thorsness, LLC. became the managing partner of the Denver After thirty-five years of practice in Alaska, office. In retirement, he and his wife, who had he retired to Florida. A former Regent of the no children, lived a private life on a farm in University of Alaska and a former member Parker, Colorado, where they raised German of the Alaska Judicial Council, he had also Shepherds. His wife, Colorado’s first female been involved in numerous civic and cultural Federal Bankruptcy Judge, predeceased him. organizations. An outdoorsman who enjoyed marathons, cycling, cross-country skiing, John M. Conway (99), a Fellow Emeritus weight-lifting and coaching his daughters’ from Anchorage, Alaska, a founding member athletic teams, he chose to be buried at sea of Atkinson Conway & Gagnon, Inc., died off the coast of Palm Beach. His survivors March 31, 2009 at age 72 at his second home include his wife and two daughters. on the island of Molokai, Hawaii, of a stroke. A graduate of the University of Washington James A. Clark (76), a Fellow Emeritus from and of its School of Law, he came to Alaska to Denver, Colorado, died August 5, 2009 at age practice in 1961. His most noted case was the 78 of cardiac failure following major surgery. successful defense of the Governor of Alaska A graduate of the University of Pennsylvania, in his impeachment trial. He had been the where he played football, and of the University recipient of the Alaska Bar Association’s Award of North Carolina Law School, he had worked for Professionalism. Preceded in death by his as a special agent in the Federal Bureau of L

28 w THE BULLETIN wife, his survivors include four daughters. degree from Yale. After law school, he clerked for a federal district judge and served as G. Richard Doty (77), a Fellow Emeritus from an Assistant United States Attorney in the Huntington Beach, California died in May 2009. Southern District of New York. He had served Born in 1928, he was a graduate of Stanford as head of his firm’s litigation department and University and of its School of Law. Before his on its policy committee. His wide range of retirement, he practiced with the Los Angeles practice included both civil and criminal cases, firm McCutchen, Black, Verleger & Shea, which as well as litigation involving the fine arts. had merged with Baker & Hostetler. His commitment to equal access to justice had led him to be director of the Legal Aid Society Benjamin Weems Dulany (73), a Fellow of New York City and of the City Bar Justice Emeritus from Washington, District of Center and a member of the College’s Access Columbia, retired from Jackson and Campbell, to Justice Committee. An ardent proponent died May 28, 2009 at age 89. A graduate of the study of literature, he had taught in law of the University of Virginia, he served in schools and was a frequent lecturer and author World War II as an officer in the United States of articles for legal publications. His survivors Marine Corps, stationed aboard the USS Idaho include his wife, a daughter and a son. in the Pacific Theater. After receiving his law degree from the University of Virginia, Hon. Charles D. Gonthier, C.C., Q.C., (96), he practiced in Washington for over fifty an Honorary Fellow from Montréal, Québec, years. In retirement, he was an avid race horse a retired Justice of the Supreme Court of owner. Predeceased by his wife and a son, his Canada, died July 16, 2009 at age 80 of non- survivors include three daughters. smoker’s lung cancer. The son of Canada’s long-time Auditor-General, he was educated Jeremy G. Epstein (91), New York, New at Collège Stanislaus, whose board he later York, a partner in Shearman & Sterling, died chaired, with a year at Loyola University to May 20, 2009 during heart surgery at age study philosophy and English before entering 62. He was a Phi Beta Kappa graduate of law school. Following a family legacy–his Columbia College, from which he graduated maternal grandfather had signed the 1918 summa cum laude. He furthered his education Treaty of Versailles as Canada’s Minister by earning undergraduate and masters degrees of Justice–he was graduated from McGill from Jesus College, Cambridge, and a law University with first class honors in law and

THE BULLETIN w 29 practiced in Montréal for over twenty years 85. He received a B.S. degree from the United before being appointed to the Québec Superior States Merchant Marine Academy and served Court in 1974. In 1988, he was appointed to in World War II on the USS Delta. After the Québec Court of Appeal and less than a the war, he earned a B.A. degree from Duke year later to the Supreme Court of Canada. University, and his law degree from Southern After reaching mandatory retirement age, he Methodist University, where he was editor of returned to the practice of law. Developing the Southwestern Law Journal. He spent most an interest in environmental and sustainable of his career at Shackleford Farrior Stallings & development law, he was chairman of the board Evans, PA, which merged with Gray Robinson, of governors of the Centre for International PA in 2000. He was lead counsel for the State Sustainable Development Law at McGill. of Florida in the litigation resulting from the In 2006, he became commissioner of the 1980 collapse of the Sunshine Skyway Bridge. Communications Security Establishment He had received the Herbert G. Goldberg Canada, in essence that cryptologic spy Memorial Award from the trial lawyers section agency’s legal watchdog. His keen interest in of his county Bar. In retirement, he returned to the arts led him to serve as honorary secretary the classroom to study poetry. His survivors of the Montréal Museum of Fine Arts and on include his wife, three sons and a daughter. the board of the McCord Museum of Canadian History. He had received many honors and Nicholas John Healy (88), a Fellow Emeritus, awards during his career, including Queen’s founder of the New York City maritime law Counsel, the Order of Canada, the Montréal firm Healy & Baillie, LLC, died of natural Bar Medal, the Québec Bar Medal and causes May 20, 2009 at age 99 at his home in honorary doctorates from McGill University, Glengarriff, Ireland. A graduate of the College the University of Ottawa and the University of the Holy Cross and of Harvard Law School, of Montréal, and he had been made Knight of he practiced maritime law until World War II, L’Ordre des Palmes Académiques, a French in which he served first as a naval officer and award established by Napoleon. His survivors then in the Department of Justice, handling include his wife, a physician, and five sons. a growing volume of cases involving United States ships and cargoes. A renowned expert David G. Hanlon (78), a Fellow Emeritus in maritime law, his active career spanned from Tampa, Florida, of counsel to Gray almost seventy years. As late as 2000, he was Robinson, PA, died February 14, 2009 at age retained at the age of 90 as an expert witnessL

30 w THE BULLETIN in the salvage case involving the wreckage of coach Bill Bowerman and a young former the Titanic. He taught admiralty law at New runner named Phil Knight held the meeting York University School of Law for nearly that led to the creation of the company forty years and was the editor or co-author that is now Nike. Jaqua served on Nike’s of many leading maritime casebooks, texts board for thirty-six years. The headline in and journals. He was the author of the entry the news article reporting his death called on Maritime Law in the 15th Edition of the him his community’s trustee. Known for Encyclopedia Britannica. His clients were his generosity, he was a major donor to his as diverse at Lloyds of London and Aristotle law school, whose law library is named Onassis. He had also served a term in the for him and to the Jaqua Concert Hall at American Bar Association House of Delegates. the Shedd Institute. His law school named A widower, his survivors include two sons and its Distinguished Alumnus Award for him. four daughters. He had served a long list of community and legal organizations, including the John E. Jaqua (67), a Fellow Emeritus American Red Cross, the Marist Foundation, from Eugene, Oregon, died May 14, 2009 at Springfield Museum, Sacred Heart Medical age 88 after a long illness. A Marine fighter Center Foundation, the YMCA, Oregon pilot in World War II, he had been one of Historical Society and the Eugene Chamber only ten survivors of his squadron to return of Commerce. He had been president of from a raid on one Japanese-held island. He the Oregon State Bar and had served in later served as air support officer during the American Bar Association House of the battle for Okinawa. Discharged as a Delegates. He twice chaired the College’s major, he earned the Distinguished Flying Oregon State Committee. He and his wife made Cross, seven Air Medals and the Battle a lasting contribution by selling a conservation Campaign Medal with five stars. After the easement on their 1,200-acre McKenzie River war, he received undergraduate degrees from farm property to the Nature Conservancy. Now both Pomona College and the University known as the Coburg Ridge Preserve, it is the of Oregon and his law degree from the largest privately owned nature sanctuary in the University of Oregon. He was a founding Willamette Valley. partner in Jaqua & Wheatley. It was in his living room on his McKenzie River farm T. Paine Kelly, Jr. (54), a Fellow Emeritus that legendary University of Oregon track from Tampa, Florida, who at the time of his

THE BULLETIN w 31 death was the last living Fellow inducted Denis R. Malm (94), Lake Havasu City, before 1956, died August 5, 2008 at age Arizona, a partner in Wachtel, Biehn and 95. A graduate of the University of Florida, Malm, died June 30, 2009 at age 62. A where he lettered in football, and of its graduate with distinction of the University of School of Law, he first practiced with his Nebraska Law School, where he was a member father, a former Attorney General of Florida. of the board of editors of his law review, he During World War II he was the commander had been president of his county Bar and was of the 589th Field Artillery Battalion of the a past president of the Arizona Trial Lawyers 106th Infantry Division. A lieutenant colonel, Association. He had chaired the Mojave he fought in the Battle of the Bulge and County Planning and Zoning Commission and was taken prisoner by the Germans in 1944. been president of his district school board. He After the war, he led the trial department had also served on the Arizona Supreme Court of Macfarlane Ferguson Allison & Kelly Committee on Examinations for ten years for almost fifty years. He practiced until and had chaired the Arizona Supreme Court 2005. In 1996 he wrote his autobiography, Disciplinary Committee. Preceded in death by Fifty Years of Courting. A classic southern a daughter, his survivors include his wife, four gentleman, always impeccably dressed, sons and two daughters. always courteous, polite and respectful, he was the mentor to many trial lawyers in Richard A. Mayer (88), Merrillville, Indiana, a Tampa. He had served as president of the partner in Spangler, Jennings & Dougherty, PC, greater Tampa Chamber of Commerce and died November 14, 2008 at age 74. A graduate was the Tampa Civitan Club Citizen of the of the University of Indiana and of its School Year in 1951. For many years he shot his of Law, he served in the United States Army age on the golf course. Predeceased by a son, Reserve for six years. He was a founder of the his survivors include his wife of sixty-eight Calumet Inns of Court and had served as legal years and two daughters. counsel to four regional school boards. His survivors include his wife, a daughter and a son. John J. Kennelly (58), Oak Brook, Illinois, died July 5, 2001. Born in 1911, his law Joseph A McMenamin (73), a Fellow Emeritus degree was from Loyola University of Chicago from Vero Beach, Florida, is reported to have School of Law. He had practiced in Chicago. died, apparently on March 25, 1995, at age 95. L

32 w THE BULLETIN Robert A. Neeb, Jr. (59), Rancho Santa Fe, John J. Parker Award for conspicuous service California, died May 12, 2007. He was born to the cause of jurisprudence. A few weeks in 1907. before his death, he received the American Inns of Court Professionalism Award for the Hon. William Lindsay Osteen (88), a Judicial Fourth Federal Circuit. His survivors include Fellow from Greensboro, North Carolina, his wife and three sons, all three Eagle Scouts, former United States Judge for the Middle one of whom, Hon. William L. Osteen, Jr., had District of North Carolina, died August 9, been confirmed to take his father’s seat on the 2009 at age 79 of cancer. Judge Osteen, Middle District bench. who grew up on a farm, was a graduate of Guilford College, where he lettered in football, W. Marion Page (65), Columbus, Georgia, basketball, baseball and golf. After two practiced with Page, Scranton Sprouse, Tucker years in the United States Army, he entered and Ford until his death on May 26, 2009. the University of North Carolina School of He had been born in 1917, graduated from Law. After law school he practiced first in the University of Georgia School of Law and North Wilkesboro and then in Greensboro, served as a major in the United States Army North Carolina. Serving two terms in the in Africa, Sicily and Europe in World War North Carolina House of Representatives, II. A member of ODK and an Eagle Scout, he was House Minority Leader. After four he had taught a Men’s Bible class for almost years as United States Attorney for the Middle fifty years and had served on the Board of District, he returned to his small law firm, Governors of the State Bar of Georgia. A which ultimately produced three United States widower who had remarried, his survivors District judges, two of whom were himself and include his second wife, a daughter and a son. his son, and a Justice of the North Carolina Supreme Court. He had served on the Council Charles Benjamin Park, III (86), Beaufort, of the North Carolina State Bar and was the North Carolina, died August 9, 2009 at age recipient of many awards, among them the 78 of cancer. A graduate of North Carolina Guilford College Alumni Association Award, State College, during the Korean Conflict the University of North Carolina Law School he served as Detachment Commander for Distinguished Alumni Award and the North the 92nd Chemical Service Detachment, 8th Carolina Bar Association’s highest award, the United States Army, stationed in Korea. After

THE BULLETIN w 33 graduating from the Michigan University the United States. His other love was music. School of Law, he practiced with the Charlotte, He played the organ and directed the choirs of North Carolina intellectual property firm, Bell, many New York area churches, most notably Seltzer, Park & Gibson (now Alston & Bird) the Community Church of Douglaston, New until his retirement to Beaufort. In retirement, York, where he served as organist and music he and Fellow Claude R. Wheatly, Jr. director for forty years. His survivors include successfully represented the Episcopal Diocese his wife, a daughter and a son. of Eastern North Carolina in a landmark case involving the ownership of church property Wayne Pearson (78), a Fellow Emeritus, when a dissident group severs its ties with the retired since 1991 from the Dallas, Texas firm, denomination. His survivors include his wife, Burford & Ryburn, to Athens, Texas, died two sons and a daughter. June 12, 2009 at age 82. A graduate of the University of Texas and of its School of Law, Gordon W. Paulsen (82) , a Fellow Emeritus he was a veteran of both the U.S. Air Force from Gwynedd, Pennsylvania, a maritime and of the U.S. Navy. He had received the lawyer, died December 20 at age 91. A Distinguished Litigators Award from the graduate of New York University, where he Dallas Association of Defense Attorneys earned both a bachelors and a masters degree, and had been county attorney of Kaufman he served in the United States Army and then County. His survivors include his wife, a son graduated from Columbia University Law and a daughter. School. First as a partner in Haight, Gardner, Poor and Havens and then as of counsel to John L. Quinlan (63), a Fellow Emeritus from Healy & Baillie, he was instrumental in the Garden City, New York, died January 11, 1992, implementation by the United States of the two days short of his eighty-fourth birthday. International Rules of the Road. He had He was a graduate of both Fordham University received a knighthood from King Harald and of its School of Law. of Norway. He represented the Swedish America Line in the litigation arising out of Donald N. Rothman (79), a Fellow Emeritus the collision between the liner Stockholm from Cockeysville, Maryland, died June and the Andrea Doria, which had resulted in 8, 2009 at age 86 of respiratory failure. A the sinking of the latter vessel. He had been graduate of Johns Hopkins University, where president of the Maritime Law Association of L

34 w THE BULLETIN he acted in student theater and community in one year and was licensed to practice law productions, he served as a lieutenant in Tennessee at age 18. He then began to commander aboard a subchaser in the Atlantic practice with his grandfather and enrolled in and Pacific Theaters in World War II. After Middle Tennessee State College, earning his the war, he was accepted at both Harvard Law undergraduate degree four years after he had School and Yale School of Drama, choosing received his law license. He was a glider pilot the former. A founding partner of what is in the Army Air Corps in World War II and now the Baltimore firm Gordon Feinblatt remained in the Air Force Reserve, retiring as Rothman Hoffberger and Hollander, he chaired a full colonel. After the war, he established its litigation department for more than thirty- his own practice, ultimately practicing with five years. Among his more high profile his two sons until his 1990 retirement. He had cases, he had represented movie exhibitors been president of his local Bar and a Vice- in obscenity and censorship cases involving President of the Tennessee State Bar. He had the 1967 film I Am Curious (Yellow). He was served as General Sessions Judge for fourteen widely known for his support of the theater years and served for six years on his local arts, including helping create a regional City Council and for twelve years as a State theater at a time when that concept was new in Senator, serving for a time as Speaker Pro America. After helping to create Baltimore’s Tem. A widower, his survivors include two Center Stage and finding it a new home when daughters and two sons. its building had burned down, he went on to chair the board of the Baltimore School for the Joseph J. Schneider (82), a Fellow Emeritus Arts and to become an adviser to Everyman from Tualatin, Oregon, died May 4, 2009 at Theater. His survivors include his wife, two age 77. He was educated at Calvin College in sons, one an actor, the other chairman of the Grand Rapids, Michigan and had graduated parent company of 20th Century Fox Film and with honors from the University of Michigan Television, and two daughters, one a historian, School of Law. He practiced in Honolulu, one a food and recipe columnist. Hawaii for thirty years. In the College, he had chaired the Hawaii State Committee. His John R. Rucker (78), a Fellow Emeritus from survivors include his wife and three daughters. Murfreesboro, Tennessee, died July 10, 2009 at age 93. Going directly from high school to Jerome W. Seigfreid (73), a Fellow Emeritus the Cumberland School of Law, he graduated from Mexico, Missouri, retired to Naples,

THE BULLETIN w 35 Florida, died June 9, 2009 at age 82. A Bi-Racial Committee for the City during the graduate of the University of Missouri- 1960’s. A charter member of his Methodist Columbia School of Law and of the Judge church, he was the first Chairman of its Board Advocate General School at the University of of Stewards and served as Chairman of its Virginia, he served in the Merchant Marine Trustees until his death. His survivors include in World War II and in the Judge Advocate his wife and two daughters. General Corps in the Korean Conflict. He began his practice with Seigfreid, Runge, Hon. Perry J. Shertz (79), a Fellow Emeritus Leonatti & Pohlmeyer, the oldest law firm in from Boca Raton, Florida, formerly of Wilkes- continuous existence west of the Mississippi Barre, Pennsylvania, died September 21, River, then founded a firm in Belleville, 2008 at age 80. After finishing high school, Illinois and in 2002 joined his son and he enlisted in the U.S. Navy in 1946 and daughter-in-law in the Seigfreid Law Firm later served in the Marines during the Korean LLC. The author of numerous articles and Conflict. He was a graduate of Dickinson books on legal subjects, he was a member of College and of the Temple University School the Board of Examiners for admission to the of Law. After twenty-one years of law local federal district court for ten years. He practice, he was appointed to the Pennsylvania received a Citation of Merit for Outstanding Superior Court as an associate judge. Two Achievement and Meritorious Service in Law years later, he returned to his law practice and from the University of Missouri in 1988. His practiced for seven more years before retiring. survivors include his wife, two daughters and Among his many civic activities, he had been a two sons. member of the Governor’s AIDS Commission and Chair of the Wilkes-Barre General Louis C. Shell (74), Petersburg, Virginia, Municipal Authority. He had been an active retired from Shell, Johnson, Andrews and member of Congregation Ohav Zedek, Board Baskerville, PC, died August 14, 2009 at Chairman of the United Hebrew Institute, age 83. A graduate of the University of President of the Eastern Pennsylvania Council Virginia and of its School of Law, he had of B’nai Brith and president of the local Zionist been president of his local Bar and had served Organization of America. His survivors on the Council of the Virginia State Bar, on include his wife, three daughters and a son. the local City Council and as Vice Mayor of Three of his four children live in Israel, and at Petersburg. He was also Chairman of the his request, he was buried in Tiberius, Israel.L

36 w THE BULLETIN Maury D. Smith (77), Montgomery, Alabama, Elliott (now Borden Ladner Gervais LLP) and a retired partner in Balch & Bingham LLP, later served for ten years as chairman of the died May 24, 2009 at age 82. A graduate of firm. In the business world, he served on the the University of Alabama and of its School board of Eastern Utilities Ltd., Hilti (Canada) of Law, he served in World War II, both as an and as chairman of the Canadian Board of infantryman and in the U.S. Army Specialized Norwich Union Life Insurance Company. Training Program. He had served as assistant He was a member of both the American Bar attorney-general of Alabama and as a deputy Association and the Advocates Society. He district attorney. He served as president of had served as president of the Canadian Bar his local Bar and on several civic boards and Association as well as of the Ontario branch had chaired his local Chamber of Commerce of that organization. He was also a governor and the local Committee of 100. He was an of the Canadian Institute for Advanced Legal Emeritus Trustee of the University of Alabama. Studies. In the College he had served as both He had chaired the College’s Alabama State Province Chair and as chair of the Canada- Committee. His survivors include his wife and United States Committee. A member of the three adult children. Church of England, he had served as Church Warden of St. James Cathedral. His survivors William Lorne Northmore Somerville, include his wife, two daughters and three sons. Q.C. (75), a Fellow Emeritus from Toronto, Ontario, died June 10, 2009 after a long illness Louis J. Stuart (83), a Fellow Emeritus from at age 87. After his 1943 graduation from Pueblo, Colorado, died April 30, 2009 at age Trinity College at the University of Toronto, he 85. After serving as a bombardier, navigator volunteered for the Canadian Army. Originally and pilot in World War II, he earned his law serving as an officer in the Royal Canadian degree from the University of Colorado and Artillery Corps, he was transferred to the Royal practiced in Pueblo for over fifty years in Canadian Intelligence Corps and in 1945 was the firm of Stuart & Gerler. A widower, his seconded to the U.S. Army Intelligence Corps, survivors include two daughters. stationed in Washington. After intensive training in Japanese, he served as a part of the William James Tanney (82), Tanney, Eno, occupation force in Japan after World War II. Tanney, Griffith, Ingram, Clearwater Florida, He obtained his law degree from Osgoode Hall died August 23, 2009 at age 83. A graduate Law School and joined the firm of Borden & of American University and of Washington

THE BULLETIN w 37 College School of Law of American as its first president. He was also legal University, he had been president of his counsel to the Junior League of Tallahassee for local Bar and Chair of the Trial Section of twenty-five years. A widower, his survivors the Florida Bar and was a past president of include a daughter and two sons. the Academy of Florida Trial Lawyers. His survivors include his wife, two daughters and Thomas J. Walsh (72), a Fellow Emeritus two sons. from Port Washington, New York, died January 23, 2009 at age 90. A graduate of Wilfred C. Varn (77), a Fellow Emeritus Brooklyn College and of the Brooklyn Law from Tallahassee, Florida, died May 30, 2009 School, he had practiced in Garden City, New at age 90. After attending Oxford College of York. A widower, his survivors include four Emory University and Stanford University, he sons and two daughters. received his law degree from the University of Florida and began the practice of law Rolf Weddigen, Q.C. (85), a Fellow Emeritus in Panama City, Florida. Later, moving to from Vancouver, British Columbia, died Tallahassee, he was United States Attorney for May 12, 2009. Born in 1931 in Germany, the Northern District of Florida, after which he first received a Bachelor of Law degree he joined the firm of Ervin, Varn, Jacobs, from University College, London, followed Odom & Kitchen. He served in the United by study at the Universities of Munich and States Army in World War II in New Guinea, Hamburg. In 1955 he emigrated to Canada Australia, the Philippines and occupied Japan. and, after working for Canadian government He retired as a lieutenant colonel in the Judge agencies in Ottawa and for insurance Advocate General’s Corps. His last duty companies in Montréal, moved to Vancouver, assignment took him to Washington, D.C. as a earned a Bachelors of Laws degree from the judge of the Army Court of Military Review. University of British Columbia, articled for Upon his retirement he was awarded the a law firm in which he ultimately became a Legion of Merit. He had served five times as partner and was called to the Bar in 1963. Senior Warden of his church, as a member of Later in his career, after several years as a the Executive and Standing Committees of sole practitioner, he joined Singleton Urquhart the Episcopal Diocese of Florida and as Vice as Associate Counsel. During his career Chancellor of the Diocese. He helped organize he served on the Canadian Bar Association Goodwill Industries in Tallahassee and served Council and as President of the Canadian

38 w THE BULLETIN Bar Insurance Association. He had received Wendell W. Wyatt (60), a Fellow Emeritus from the Lawyer Volunteer of the Year Award Portland, Oregon, died January 28, 2009 at age from the Salvation Army’s Pro Bono Lawyer 91. A 1941 graduate of the University of Oregon Consultation Program. In the College, he Law School, where he had been allowed to enroll served several terms as chair of the British without an undergraduate degree, he first joined Columbia Province Committee. His survivors the FBI and was then a Marine pilot in the South include his wife, a son and a daughter. Pacific in World War II. After the war, he joined the Astoria firm of former Oregon Governor Gordon K. Wright (67), a Fellow Emeritus Albin Norblad, father of Congressman Walter from Pasadena, California, retired from Norblad. He chaired the Oregon State Republican Pillsbury Winthrop, died September 26, 2004 Central Committee, and when Representative at age 84. A magna cum laude graduate of Norblad died, Wyatt was elected to fill his seat the University of Southern California and in a special election. He served four terms in the a member of Phi Beta Kappa, he served U.S. House of Representatives and was a member as a destroyer naval officer in World War of the House Interior Committee and later the II, surviving the sinking of two ships. He House Appropriations Committee, where he participated in naval engagements at Midway, was involved in or responsible for several bills Guadalcanal, Santa Cruz, New Guinea, the creating land use and preservation projects. One Bismark Archipelago, Munda Air Field, New of his professors in law school had been Wayne Georgia and in the Coral Sea. He received Morse, who as a United States Senator later several commendations, the Legion of Merit became his political adversary. Remaining active and fifteen battle stars. After the war, he in Republican politics, Wyatt became a partner attended the University of Southern California in the Portland firm of Schwabe, Williamson & School of Law, on whose Board of Trustees he Wyatt. He also served as a Commissioner of later served. The firm with which he practiced, the Port of Portland. The Edith Green-Wendell Lillick, Geary, McHose & Roethke, ultimately Wyatt Federal Building in Portland is named merged with Pillsbury, Madison & Sutrow, for him and a fellow member of Congress. His now Pillsbury Winthrop. He had served on a survivors include his wife, two daughters, a son, a number of Bar committees and had served both stepdaughter and a stepson. as a member of the California State Bar Board of Governors and as Vice President of that organization. His wife predeceased him.

THE BULLETIN w 39 PRSRT STANDARD T h e Bu l l e t i n U.S. POSTAGE of the PAID SUNDANCE PRESS American College of Trial Lawyers 85719 19900 MacArthur Boulevard, Suite 610 Irvine, California 92612

Statement of Purpose

The American College of Trial Lawyers, founded in 1950, is composed of the best of the trial bar from the United States and Canada. Fellowship in the College is extended by invitation only, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and those whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of 15 years’ experience before they can be considered for Fellowship. Membership in the College cannot exceed 1% of the total lawyer population of any state or province. Fellows are carefully selected from among those who represent plaintiffs and those who represent defendants in civil cases; those who pros- ecute and those who defend persons accused of crime. The College is thus able to speak with a balanced voice on important issues affecting the administration of justice. The College strives to improve and elevate the standards of trial practice, the administration of justice and the ethics of the trial profession. ef

“In this select circle, we find pleasure and charm in the illustrious company of our contemporaries and take the keenest delight in exalting our friendships.” Hon. Emil Gumpert, Chancellor-Founder, ACTL

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