DEPARTMENT MEASUREMENTS FY 2016 Motto: Render Service

GOALS

• Assume the highest standards of bar admission, professional conduct, professional compe- tence and service. • Advance improvements in the administration of justice. • Maintain effective state bar organization and structure. MISSION

• Service members needs while The State Bar is dedicated to enhancing the use of bar tech- promoting the professional responsibility, nology and communications. competence and satisfaction of its • Advance the principles of members; improving the administration of diversity. justice; and increasing the public understanding and respect for the law.

VALUES OF THE TRUST • INTEGRITY • SERVICE Alabama State Bar Department Measurements FY 20161 Significant Accomplishments for 2015-2016

1. The 12th Leadership Forum (2016) was conducted and 30 attorneys completed all sessions. The Leadership Forum now has over 300 graduates. Members for the 13th Leadership class were approved. 14 hours of MCLE credit, including two hours of professionalism/ethics, was given for the first time.

2. The 12th Alabama Lawyers Hall of Fame induction ceremony and luncheon was held celebrating the induction of Abe Berkowitz, Reuben Chapman, Martin Leigh Harrison, Holland McTyeire Smith and Frank Edward Spain.

3. Casemaker has been a member benefit for over 10 years. Statewide visits to the site were 83,618, down slightly for the third year in a row, from 85,122 last year. Decreased sessions could reflect fewer searches as members become more familiar with use of the system or methods of saving often-used research outside of the system. Seventeen percent of visits were new visits (first time users). Average pages per session were 7.22, and average session time was 12 minutes. Highest use of the system was in Birmingham, Montgomery, Mobile and Huntsville, followed by Hoover, Tuscaloosa, Decatur and Dothan.

4. An orientation session was conducted for new members of the Board of Bar Commissioners.

5. A legislator breakfast was hosted at the start of the 2016 legislative session.

6. The 14th edition of the Presidents and Leaders Manual was prepared.

7. The OGC Dept. had a total of 13 Roadshows and a total of 82 Ethics Training Sessions for 2016.

8. The eighth annual statewide recognition and celebration of pro bono month (October) was conducted resulting in numerous pro bono related celebratory events across the state as well as supporting resolutions from every judicial circuit and the Governor of Alabama. The program was recognized by the American as the best program in the nation in 2015.

9. The 139th annual Alabama State Bar meeting was planned and held at the Sandestin Resort, June 22-25, 2016.

10. In 2016, 8,493 paid for licenses and special memberships on-line by either credit card or e-check and 986 used the new hybrid voucher procedure. This was a 6% increase over last year, not including the voucher procedure.

1 Departmental facts and figures are based on the state bar’s fiscal year – October 1, 2015 – September 30, 2016, except as otherwise noted, e.g., MCLE operates on a calendar year – January 1 to December 31. 1

11. A strong legislative presence continued during the 2016 legislative session. ASB leadership assisted with the mediation of pending legislation as requested by Senate and House leadership and helped maintain level funding for the court system.

12. The Policies and Procedures handbook, annotating Board of Bar Commissioners’ policies since 1986, was updated.

13. The Board of Commissioners increased the occupational license fee beginning October 1, 2016.

14. For the third year, the consolidated fee invoice promoted the purchase of bar fees, CSF fees, section membership fees and voluntary contributions for the Alabama Law Foundation.

15. The presentations of the Award of Merit, Judicial Award of Merit, Scruggs Award, the Tony McLain Professionalism Award, and Maud McLure Kelly Award were approved and presented at the 2016 Annual Meeting.

16. Election of three at-large commissioners.

17. Six new commissioners were elected.

18. Approved the budget for FY2018.

19. New accounting system (Abila) fully implemented.

20. New notification policy for full-time state bar staff members working part-time jobs not interfering with bar employment.

21. Approved three nominations which were sent to the State Finance Director for the position of director of the Office of Legal Defense Services.

22. The Non-Resident Members Section was approved March 11, 2016 BBC meeting and is now active section with $20.00 annual dues collected.

23. Women’s Section opted in to state bar management. Young Lawyers Section increased membership with dues paying members instead of automatic membership based on age.

24. Coordinated efforts with state bar President and Young Lawyers Section to serve as contribution center for Louisiana Bar Foundation for flood assistance. Delivery efforts conducted for money and items collected.

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Staffing – ASB Staff

The Alabama State Bar has 45 staff members. The staff has 11 lawyers and 34 non- lawyers. Of this number, 66 percent are female, 34 percent male and 7 percent African- American. The bar continues to perform a broad range of licensing and regulatory functions generally with a smaller staff than comparably-sized bar association that have fewer regulatory functions.2

Volunteer Service Component

As a volunteer service agency, participation by members in the bar’s licensing and regulation and related functions is critical to self-regulation of the legal profession in Alabama. The high level of participation which the state bar enjoys in this regard increases the amount of work accomplished by leveraging the resources of the bar’s experienced staff. It is estimated that more than 8,278 hours of volunteer service were rendered specifically in the licensing and regulatory areas as well as in the oversight of bar programs last year. This is an important component to be considered when measuring the bar’s overall performance.

DEPARTMENTS

Administrative/Finance

Staff – 8

Executive Director3 Director of Personnel and Operations (also Executive Assistant to Executive Director) Director of Finance Senior Financial Assistant Financial Assistant ASB Foundation Assistant Receptionist Graphic Arts Director and Building Superintendent

Outline of Major Departmental Responsibilities

 Board of Bar Commissioners, Officers and Executive Council  Bar Elections  Accounting/ Finance  Annual Budget  Personnel  Facilities

2 The Alabama State Bar has 18,000 members. By comparison with other comparable integrated (mandatory) southern bar associations, the Bar Association has 18,500 members and 45 staff; the has 17,400 and 44 staff and the Bar has 15,800 with 48 staff. 3 Licensed Attorney 3

 ASB Foundation  ASB Foundation Board of Trustees  Print Shop  Legislative Matters4  Intra-Governmental Relations

Outcomes and Evaluations of Intra-Departmental Functions

Director of Personnel & Operations

The Director of Personnel & Operations functions in the bar environment as the office manager. Besides handling all correspondence and communications of the executive director, the Director of Personnel & Operations handles arrangements for the commission, prepares the minutes of the commission, assists with commission and president-elect elections, and handles human resource issues, staff payroll through the state comptroller's office, as well as employee records. In addition, the EAD gathers information for preparation of the annual budget, as well as the quarterly and other reports required by the Department of Finance.

Finance

The Finance department maintains records and manages cash flow for eight bar accounts. In FY 2016, the Finance Director and financial assistants processed 1,936 checks and vouchers for a total of $7,230,000 in expenditures. Deposits totaling $8,500,000 were processed by the department. The Finance Director prepares analytical reports as needed by other departments and quarterly and annual reports for the commission’s review as well as preparing financial reports to the State Finance Department. The staff works with the bar’s investment group to track over $7 million of invested funds. The department is also responsible to the Examiner of Public Accounts and must provide all records for their audits of the Bar. The financial assistant also processes out-of-state travel authorization and reimbursement for the agency.

Print Shop

The print shop continues to handle most of the agency’s printing needs. The print shop handles all of the bar’s printing needs including all bar stationery, envelopes, brochures and convention materials. Previously, these materials were printed by private printers or the state print shop.

Alabama State Bar Foundation (ASBF)

The Foundation assistant supervises the day-to-day operation of the foundation. The assistant manages the foundation accounts and tracks foundation investments totaling more than $2,200,000. In addition, the assistant processes the foundation payroll, pays all monthly operating expenses, receives and deposits all money due the foundation and

4 Handled by Legislative Counsel as a part-time contract employee 4

oversees the building and equipment maintenance and repair. The assistant serves as the foundation’s property clerk, both purchasing equipment and supplies and maintaining the foundation’s 1,800-item inventory of furniture, equipment and art. The assistant also prepares all required reports for the foundation, including payroll and tax reports, and assists with the annual audit performed by a public accounting firm. The newly appointed building superintendent supervises the building working with the Foundation assistant to oversee the needs of the state bar’s physical plant.

The building’s meeting space is available for staff and member use. Approximately 100 hearings, training sessions and committee meetings led by ASB staff and 35 depositions, mediations and client meetings scheduled by ASB members were held at the Alabama State Bar building in 2016. The assistant maintains the master meeting calendar, prepares meeting rooms and, when appropriate, schedules off-duty police officers to provide security.

The Foundation assistant also works with the Executive Director and the Director of Personnel and Operations on state bar projects including Board of Bar Commissioners (BBC) meetings and special events; compilation of BBC directories and manuals; and records management, destruction and reporting to the Department of Archives and History.

Volunteer Service Component

The Board of Bar Commissioners (BBC) also serves as the Alabama State Bar Foundation Board of Trustees (ASBF) and the Finance and Audit Committee (FAC). The BBC met seven times in 2016. The foundation board is generally convened immediately following the adjournment of the commission meeting. The FAC typically meets prior to every commission meeting and by telephone and on other occasions as necessary. The estimated total number of annual volunteer hours contributed to BBC, ASBF and FAC service in FY 2016 was approximately 2,806. Service by board members and officers on the Executive Council accounted for another 152 hours. It is estimated that the president and president-elect added an additional 1,200 hours of services.

Admissions

Staff – 3

Director3 Administrative Assistants (2)

Outline of Major Departmental Responsibilities

 Process Law Student Registration Applications  Process Applications for Admission by Examination  Process Applications for Admission without Examination (Reciprocity and UBE Score Transfer)

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 Administration of Bar Examination  Liaison and Administrative Support to Board of Bar Examiners  Liaison and Administrative Support to Committee on Character and Fitness

Outcomes and Evaluation of Intra-Departmental Functions

The Admissions Office is responsible for processing law student registration applications and all applications for admission to the Alabama State Bar, providing administrative support to the Board of Bar Examiners and the Committee on Character and Fitness and administering the Alabama Bar Examination. An applicant to the Alabama State Bar may be admitted by examination, or without examination through reciprocity or transfer of an acceptable Uniform Bar Examination (UBE) score. The Admissions Office is responsible for administering and enforcing the Rules Governing Admission to the Alabama State Bar, which apply to anyone seeking admission to the Alabama State Bar. The department received and processed approximately $656,310 in revenue for the fiscal year.

2010 2011 2012 2013 2014 2015 2016 Bar Exam Applicants 961 1026 1005 939 1002 1015 1014 Withdrawals 262 244 240 245 250 264 257 Total Examinees 699 782 765 694 752 751 757 Rule III (Reciprocity) Admissions 23 36 39 36 33 36 26 UBE Score Transfer Admissions - - - - 6 13 17 Character & Fitness Hearings 177 211 207 191 163 165 145 Special Accommodations 14 20 10 14 18 28 37

Volunteer Service Components

Board of Bar Examiners - The Board of Bar Examiners is a 15-member board. The members are on a rotating grading schedule, with eight members grading the written examinations from each administration of the bar examination. In preparation for scoring the Multistate Essay Examination (MEE) and the Multistate Performance Test (MPT), the board members participate in grading workshops conducted by the National Conference of Bar Examiners (NCBE). The board expended approximately 1,500 volunteer hours in these efforts. This includes meetings of the board, travel, training and scoring the exams.

Character and Fitness Committee - The Character & Fitness Committee consists of 24 regular members and 15 alternates, and sits as eight panels, with three attorneys on each panel. The panels conduct hearings for law students and applicants for admission, whose applications indicate a character and fitness problem. In 2016, 145 character and fitness hearings were conducted (2015 = 165). Prior to these hearings, an electronic version of the applicant files are prepared and securely disseminated to the committee. The members of the Character and Fitness Committee expended approximately 900 hours in fulfilling this commitment. This figure includes travel, attending the hearings three times a year and reviewing candidate files prior to the hearings.

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Center for Professional Responsibility (CPR)

Staff - 12

General Counsel3 Assistant General Counsel3 (3) Secretary to the General Counsel Complaints Intake Coordinator Disciplinary Clerk Paralegals/Investigators (3) Client Security Fund Coordinator Receptionist

Outline of Major Departmental Responsibilities

 General Counsel for Disciplinary Commission and Alabama State Bar  Ethics Advice and Opinions  Client Security Fund Claims  Disciplinary Commission and Boards  Unauthorized Practice of Law  Attorney Licensing Compliance (Mandatory Continuing Legal Education, and mandatory Client Security Fund assessment)  Discipline  Liaison to Related CPR Committees

Outcomes and Evaluation of Intra-Departmental Functions

Office of General Counsel (OGC)/Center for Professional Responsibility (CPR)

The OGC screens all complaints prior to opening a file. In 2016, the CPR screened out 839 complaints. The professional staff also provides informal ethics opinions to attorneys calling the center. Informal ethics opinions in 2016 totaled approximately 3,300.

Lawyers in the Office of General Counsel participate in numerous continuing legal education seminars across the state sponsored by ABICLE, Cumberland, local bar associations and other lawyer groups. Tony McLain, Jeremy McIntire, Mark Moody and Tripp Vickers handle these speaking engagements, which presently number approximately 100 per year. The requests have increased due to the mandatory one-hour Ethics CLE requirement. Based on feedback from the lawyers attending these programs, this provides a valuable service to bar membership, and also allows the disciplinary office to have a positive presence among Alabama lawyers and judges.

The department's professional and lay staff serves as liaisons to several task forces and committees of the bar, including Unauthorized Practice of Law (UPL), Client Security Fund (CSF) and the Committee on Disciplinary Rules of Enforcement. In addition to the new rule changes, the OGC continues to handle character and fitness appeals, as well as

7 defending the Alabama State Bar when bar officers or staff have been named as defendants in litigation. Finally, CPR staff conducts routine training for disciplinary panels, hearing officers and local grievance committees.

Discipline

The OGC provides all reports and files for monthly Disciplinary Commission meetings in addition to handling all disciplinary matters for the bar. In 2016, the OGC handled the following disciplinary matters:

Discipline: Private Reprimands 22 Public Reprimands – without general publication 6 Public Reprimands – with general publication 8 Suspensions 20 [Involved 25 Files] Disbarments 4 [Involved 17 Files] Surrenders of License 0 Probation - in connection to discipline 4

Petitions: Interim Suspension, Rule 20 6 Mandatory Suspension, Rule 22 0 Consent to Disbarment, Rule 23 4 Reciprocal Discipline, Rule 25 3 Disability Inactive, Rule 27 7

The OGC also handles dissemination of information about attorneys disciplined by the ASB, submits information about attorneys disciplined in Alabama to the National Disciplinary Data Bank and analyzes information provided by the data bank regarding attorneys disciplined in other jurisdictions.

CLE, IOLTA, CSF and UPL

In addition to processing all CSF claims, CPR staff is referred matters involving attorney CLE non-compliance, IOLTA Certification non-compliance and failure to pay the CSF assessment. Staff also assists the UPL Committee with investigation and prosecution of UPL complaints. For 2016, the CPR processed the following:

Continuing Legal Education Non-Compliance 53 IOLTA Certification Non-Compliance 0 Client Security Fund Non-Compliance 25 UPL Complaints 65

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Client Security Fund Statistics for 2016 total:

Claims opened 82 Claims denied 35 Claims approved and paid 61 ($270,386.05) Claims satisfied by other means 6 Total trustee claims paid 3 ($30,745.35)

Volunteer Service Components

Disciplinary Hearing Officers and Members of the Disciplinary Commission and Disciplinary Panels – 1,200 hours. This figure is unchanged from last year and includes pretrial hearings conducted by hearing officers, hearings held on disciplinary charges and pretrial motions, review of materials by and meetings of the Disciplinary Commission, travel, and participation by individual members of the Disciplinary Board Panels in reviewing the materials prior to the hearings.5

Client Security Fund – 320 hours. This figure includes time expended by the nine members of the CSF Board of Trustees reviewing materials prior to their quarterly meetings at the state bar, travel and attending CSF trustee training seminars.

Committees, Task Forces and CPR Projects – 200 hours. This figure includes the volunteer time of members of the UPL Committee and the Advertising Subcommittee of the Committee on Disciplinary Rules and Enforcement. These committee and task force members review materials prior to their meetings and participate in subsequent review of materials processed by the BBC and the Alabama Supreme Court.

Digital Communications

Staff – 6

Director3 Director of IT Director of Publications IT Systems Administrator Computer Programmer Content Manager

5 Additionally, mention is made of the work performed by the local volunteer grievance committees. Presently, there are eight local committees located throughout the state. The largest is in Birmingham. Birmingham’s present grievance committee consists of 60 members, which members are divided into three subcommittees. The individual investigators make reports to their subcommittee chairs at monthly meetings. The chair of the subcommittee then reports to the chair and co-chair of the grievance committee at large. The chair of the grievance committee than meets monthly with the Executive Committee of the Birmingham Bar Association, at which time they discuss in detail each file which is ripe for final disposition and processing back to the Center for Professional Responsibility.

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Outline of Major Departmental Responsibilities

 Information technology  Website and social media  Media and public relations  The Alabama Lawyer and Addendum  Editing, proofing and distribution of digital content

Digital Communications (DC) continues to plan and execute new initiatives and enhance operations to improve effectiveness and efficiency in delivery of digital content and the digital interface between the organization, staff, members and public. DC maintains responsibility for meeting all information technology needs for the Alabama State Bar with an IT staff of two6 employees. IT maintains the bar’s computer network, hardware and software, along with the servers, internet connection, email system, back-ups and security. The programmers on staff maintain and update the bar’s intranet along with the bar’s database which interfaces with the website and intranet to provide secure access to the bar’s data for bar staff and members.

DC staff are also responsible for content generated by the bar including The Alabama Lawyer, the Addendum, website, social media, press releases, broadcast emails and other forms of communication.

Outcomes and Evaluation of Intra-Departmental Functions

The bar website uses WordPress as our content management system allowing our content manager to update the website without expending programming time for simple content changes. We continue to place greater emphasis on our website and social media to enhance communication with members and the public. These tools used in combination with more traditional communication methods provide an ability to reach our audience through the medium most accessible to each member. The goal is to demonstrate value for our members and communicate our message about the service provided by the legal profession and the bar.

We measure that performance in part from these statistics (FY15 v. FY16):  Website7 o Total page views (a request to the web server by a visitor’s browser for any web page) – 3,240,300 v. 2,889,773 o Total unique visitors (number of unduplicated visitors to the website) – 349,659 v. 373,295 o Average page views per session – 3.36 v. 3.09 o Average duration of time spent on the website – 2:48 v. 2:35 minutes.

______6 Computer Programmer retired February 2016. 7 Website numbers continue to improve and demonstrate an increasing number of visitors to the website who are able to obtain the information needed, more quickly. 10

 Social media reach – Facebook likes increased 12.5% (vs. 5% in FY15) and Twitter followers increased from 2,113 to 2,554 – an increase of 21%  Broadcast emails for membership and smaller groups - 139 v. 145. 46 went to the full member list.  Press releases and media advisories – 31 v. 31  Online payments for licenses/memberships – 45% v. 48%8  KACE9 tickets – 287 tickets (June – December 2016)

Our goals for FY17 include:  Redesign the annual meeting online registration process (admin side)  Implement process for online member discipline  Build member engagement through social media channels  Implement a paperless invoice for the Consolidated Fee Invoice in FY18  Continue with the database redesign – decision on platform and implementation plan with timeline

External Relations and Projects

Staff – 16

Assistant Executive Director3 Administrative Assistants for External Relations and Projects (2) Director of Regulatory Programs3 10 Regulatory Programs Administrative Assistants (2) Director, Alabama Lawyer Assistance Program (ALAP) ALAP Case Manager Administrative Assistant for ALAP Director of Service Programs3 11 SP Administrative Assistant Director, Volunteer Lawyers Program3 (VLP) VLP Assistant VLP In-take Specialists (2) Lawyer Referral Service Director (LRS)

Outline of Major Departmental Responsibilities

 MCLE Program Accreditation and Compliance  MCLE Commission  Annual Meeting  Board of Legal Specialization

______8 Vouchers were used on an additional 6% of payments made. 9 KACE is the platform used by IT to record and process requests for assistance for minor routine matters (printer problems) or very complex tasks (database or website enhancements). 10 Regulatory Program responsibilities include MCLE and Specialization. 11 Service Program responsibilities include P-MAP, VLP and LRS.

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 Specialization  Committees and Task Forces  Alabama State Bar Leadership Forum  VLP  VLP In-take  Sections  ALAP  LRS  P-MAP  License Fees  Special Membership Dues  Client Security Fund Assessment  Maintenance of Membership Database and Permanent Files  Pro Hac Vice Applications  Authorized House Counsel Registrations

Outcomes and Evaluation of Intra-Departmental Functions

Program Administration

The assistant executive director generally oversees these programs: Regulatory Programs (MCLE, legal specialization, pro hac vice, membership) Service Programs (including Lawyer Referral), Alabama Lawyer Assistance Programs, and Volunteer Lawyers Program. In addition, the assistant executive director assists the executive director on matters as assigned.

The External Relations Department oversees the annual meeting, committees and task forces, and work of the sections. Recommendations from committees and task forces often result in projects from time to time that are managed by the department. The department plans and administers the highly competitive and respected Alabama State Bar Leadership Forum which graduated its twelfth class in May 2016.

The department currently supports or interacts with 19 committees, 12 task forces, 32 practice sections, 59 Local Bars, 17 specialty bar associations. The work of the committees and task forces is broad and far reaching, ranging from governmental liaison, court funding, appointed counsel and indigent defense, pro bono and public service, law students, unauthorized practice of law, and long range planning. Special emphasis is currently being given to diversity issues, solo and small firm practice, in-house counsel and government lawyers, elections, ethics and government relations, quality of life and future of the profession issues, as well as Lawyer University CLE, foster care initiatives, and local bar outreach initiatives.

The External Relations and Projects department also plans and executes the Annual Meeting of the State Bar with a new format to make the convention a “summer family destination.” The professional departmental staff works with the assistant executive director on all details and matters affecting the department, including the bar’s master

12 meeting calendar, and all arrangements for use of bar meeting facilities by committees, sections, task forces, and bar members.

Membership

This year, 17,927 Annual Fee and Reporting Statements were mailed to Regular and Special Members and New Admittees, up from the 17,676 invoices mailed last year. We issued 13,714 Occupational Licenses and 4,365 Special Memberships (totaling 18,079 members); 9,479 members purchased Occupational Licenses and Special Memberships online (Credit Card, eCheck, or Voucher), representing just over 52% of all renewals. There are 3,370 members who reside out of state.

At the close of the licensing period, 254 members whose fees or dues remained unpaid were transferred to Inactive status. The names of 131 members who failed to renew their Occupational Licenses were sent to the AOC for distribution to the Circuit and District Courts and Court Clerks pursuant to Section 40-12-49, Code of Alabama (1975). This number was slightly below last year’s number of 139, and is the lowest number since 2009. All members who were placed on Inactive status were notified by mail of the change in his or her status, with the exception of members who reside out of the country, who received an email.

PHV

There were 424 PHV applications filed this year, down from 462 last year. Applications typically are processed within 72 to 96 hours of receipt.

AHC

For the year, we had 44 renewals, 2 initial filings, 4 withdrawals, and no terminations. Applications are renewed annually in October and typically are processed within 72 to 96 hours of receipt.

Attorney Specialization

We currently have 8 accrediting agencies certifying 82 Alabama attorneys as specialists in 12 different areas of the law. The number of Alabama attorneys certified as specialists in various areas of the law is fairly consistent. Certifying agencies are invoiced either in March or September of each year.

MCLE

As of the end of the last calendar year, we had processed 13,536 program applications (up 8% from last year), offered by 4,525 program sponsors (up 5% from last year), accounting for more than 54,500 credit hours (up 3% from last year).

The number of Pre-Approved Program Sponsors has increased to 87; all renewed their Pre-Approved Status for 2017 and paid the annual fee of $350. The number of program applications submitted to the department typically doubles every 3 years. 13

As of the close of last year’s MCLE reporting period, 1,092 members were not MCLE compliant, up from 835 the prior year. Most deficiencies are cured on a timely basis; however, last year 42 members were referred to the Office of General Counsel for non- compliance.

ALAP

Outline of Major Departmental Responsibilities

 Provide immediate and continuing help to lawyers, judges, and law students who may have a problem with a substance use disorder, depressive or anxiety disorders, cognitive decline, or another mental health issue  Provide education to the legal community  Provide Intervention and Counseling  Coordinate with the Alabama Lawyer Assistance Program Committee and the Alabama Lawyer Assistance Foundation  Discipline: Intervention, referral, monitoring and compliance. Provide reports and offer testimony regarding disciplined attorneys who have petitioned for reinstatement Character and Fitness: Intervention, referrals, monitoring and compliance. Provide reports and offer testimony regarding law students who have been called before the Character and Fitness Committee or who have been denied Student Registration or to sit for the bar

Outcomes and Evaluation of Intra-Departmental Functions

There remains a strong correlation between untreated substance use disorders and other mental health disorders and professional misconduct. Efforts to take a proactive role in protecting clients from the harm that may be caused by an impaired attorney are certainly warranted. Additionally, providing a confidential program that encourages the voluntary reporting of legal professionals who may be impaired is of paramount importance. Issues of impairment are addressed in a variety of ways. Our program works closely with the Alabama Lawyer Assistance Program Committee. Program responsibilities include 24- hour availability, screening calls, evaluating information to determine the appropriateness of an intervention, providing referrals for evaluation and treatment, establishing a monitoring contract when appropriate, providing ongoing monitoring, reporting compliance when requested, maintaining community resources, and providing education.

Program Numbers

Calls and Correspondence 4500 + Active Files 131 Closed Files 67

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Hearings Student/Character and Fitness Hearings 5 Student/Character and Fitness Letters 23 Disciplinary Hearings 4

Volunteer Service Component

The Alabama Lawyer Assistance Program Committee (ALAPC) is instrumental in helping impaired colleagues address issues, meet minimum requirements for compliance in monitoring, and ultimately return to work as a fully functioning member of the legal community. The committee’s volunteer members monitor new ALAP participants, attend meetings, and oversee the direction and implementation of the ALAP. Members also volunteer time participating in interventions, speaking to law students, law firms, bar associations, and colleagues about ALAP services and substance use disorders/mental health issues. The committee met officially two times this fiscal year.

January 22, 2016 May 6, 2016

Alabama Lawyer Assistance Foundation

The Alabama Lawyer Assistance Foundation was established to provide financial assistance to lawyers in need of evaluation and/or treatment for addiction or other mental health disorders. These monies are provided, when warranted, in the form of a loan. Once an attorney is stabilized, monitoring successfully, and gainfully employed, he or she is then expected to repay these monies. Repayment is actually an important part of the recovery process for addictive illness and other mental health disorders. We have renewed our efforts to collect these monies from those participants who have not responded appropriately in the past.

Treatment Center Contacts

The Director contacted fourteen treatment centers during the 2015-2016fiscal year.

The Phenix House, Tuscaloosa, AL Bradford Health Services, Birmingham, Al Copac Addiction Services, Brandon, MS Metro Atlanta Recovery Residences (MARR), Atlanta, GA Cumberland Heights, Nashville, TN The Pines &Cady Hill Recovery Center, Columbus, MS The Pathfinder, Huntsville, AL Pearson Hall, Birmingham, AL Ridgeview Institute, Smyrna, GA Pine Grove Behavioral Health and Addiction Sevices, Hattiesburg, MS St. Anne’s Home, Inc., Birmingham, AL Riverbend Center for Mental Health Services and Substance Abuse Services, Florence, AL Cullman Lighthouse, Cullman, AL Fellowship House, Birmingham, AL 15

Meetings with Law Students

The Director of the Alabama Lawyer Assistance Program met with law students at Cumberland Law School, the University of Alabama School of Law, and Jones Law School on the following dates:

Cumberland Law School: September 24, 2015; October 29, 2015; January 28, 2016; February 25, 2016; March 31, 2016 and September 29, 2016

University of Alabama School of Law: October 13, 2015; November 17, 2015; January 26, 2016; February 23, 2016; March 28, 2016; April 18, 2016; and September 27, 2016

Jones School of Law: October 7, 2015; November 11, 2015; January 13, 2016; February 10, 2016; March 9, 2016; and September 7, 2016

A total of 68 students presented with various issues and concerns. Of these, 8 have signed monitoring contracts and are currently participating in our formal program. Others have followed through with recommendations for evaluation and have ultimately been found to not have a diagnosable problem that would rise to the level of monitoring. Of these, some are continuing to voluntarily provide reports regarding ongoing counseling or therapy. We currently have a total of 17 law students that are actively involved in our program.

Additionally, the Director and/or members of the Committee provided educational programs for students and staff at:

Cumberland Law School: November 11, 2015 University of Alabama School of Law: October 13, 2015 and August 25, 2016 Jones School of Law: September 9, 2015 and August 8, 2016

Educational Activities

The Director provided nine presentations during the 2015-2016 fiscal year.

October 2, 2015 - CLE for Mobile County Bar November 13, 2015 - CLE for Houston County Bar December 4, 2015 - Presentation for the Mobile and Baldwin Counties’ annual Bench and Bar Conference December 8, 2015 - CLE for Escambia County Bar December 10, 2015 - CLE for St. Clair County Bar June 24, 2016 - CLE at the Annual Meeting July 19, 2016 - CLE for Talladega County Bar September 15, 2016 - CLE for Lawrence County Bar September 16, 2016 - CLE in Birmingham (sponsored by the Family Law Section)

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Special Activities

On May 6 and May 7, 2016, the Alabama Lawyer Assistance Program held its second annual “Recovery Retreat” at beautiful Camp Sumatanga near Oneonta, AL. The program was designed to provide education and CLEs for our committee members, and a time for connection and fellowship. Guest speakers included Laura Calloway and Mark Moody with the Alabama State Bar. They provided a presentation on their programs, how they frequently interact, and how they can be of benefit to the participants in the Alabama Lawyer Assistance Program. Lisa Holman, area director for Alabama and Mississippi with the American Foundation for Suicide Prevention, provided a program on this important topic and was accompanied by board member and attorney Mary Turner. Elizabeth Mullins, Licensed Clinical Social Worker, provided a program on brief assessments for substance use disorders, and a program on Mindfulness Therapy. Finally, Dr. Joseph Schumacher provided a program on co-occurring disorders among those who are diagnosed with a substance use disorders, and the best way to treat these. The retreat was well-attended and provided for a time of camaraderie and training.

Finally, the Alabama Lawyer Assistance Program has made a concerted effort during the 2015/2016 fiscal year to continue our focus on the issue of the aging attorney and cognitive impairment. The director has provided numerous presentations and articles in the Alabama Lawyer on this important topic. Additionally, we have begun to address the area of “Lawyer Stress” and have provided several presentations on this topic. Much work has gone into preparation for a special edition of the Alabama Lawyer to be dedicated to the Alabama Lawyer Assistance Program and the mental health issues that attorneys face. We are hopeful that this edition will be published early in the coming year.

PMAP

Outline of Major Departmental Responsibilities

 Provide clearinghouse for resources, including PMAP checkout library and information hotline  Provide one-on-one practice management information and counseling to members  Provide remedial training and assistance to members referred through the lawyer discipline process  Provide practice management CLE to members  Administer Casemaker Legal Research System including training, helpline and quality control functions  Review, recommend and administer non-insurance member benefits  Administer Roadshow speaker scheduling  Administer Lawyer Referral Service  Serve as liaison to Solo & Small Firm Section and moderate SSF Section Listserv®

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Program Highlights

 Presented Hang-a-Shingle Program for Montgomery County Bar Association  Partnered with ESI Roundtable and bar commissioners in many circuits to co-host a statewide webinar, Judge’s Special: How to Avoid Malpractice in e-Discovery, which was locally hosted at Balch & Bingham  Participated in ALAP Recovery Retreat  Organized Legal Expo for Annual Meeting 2016  Assisted Solo & Small Firm Section with setting up a document repository, and provided forms and other practice management information, as well as organized their substantive law forms  Assisted Solo & Small Firm Section in finding a sponsor to provide hosting for a free, statewide webinar on ethics presented by Tony McLain  Moderated Solo & Small Firm Section Listserv® on a daily basis  Served on Advisory Board of AUM’s Paralegal Training Program and Advisory Board of South University’s Legal Studies Program  Served as author liaison and initial editor for two books on practice management (Evernote for Lawyers and Trust Accounting in One Hour for Lawyers) published by ABA Law Practice Division Publishing.  Negotiated and publicized ASB member discount for ABA TECHSHOW 2016  Attended PMA Skills Training and Resources meeting in Chicago  Attended ABA TECHSHOW 2016 in Chicago

Roadshow Scheduling

This year we coordinated the scheduling of 34 presentations by ASB speakers from all departments.

PMAP Roadshows and other Presentations

County Bar Roadshows – 9 Hang a Shingle Program for Montgomery County Bar Practice Management and Notary Public Program for Tuscaloosa Bankruptcy Bar Casemaker Training for Legal Studies Students at South University Casemaker Training for AALS…The Association for Legal Professionals (state paralegals) Notary Law CLE for MALS…The Association for Legal Professionals (local paralegals)

Program Numbers

The Key Performance Indicator (KPI) for the Practice Management Assistance Program is the number of members who received services or information from the program. Including attendance at all roadshows and other CLE programs participated in, as well as direct interactions, the PMAP KPI for 2015-16 is 547.

Library usage – 40 attorneys checked out books Discipline Referrals Opened – 10 Voluntary Extended Consults – 10

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Volunteer Service Component

PMAP has not really had a volunteer service component since the Solo & Small Firm Committee was abolished in 2005. With the formation of a Solo & Small Firm Section of the Bar during 2014-2015, the opportunities for volunteer interaction have continued to increase.

Lawyer Referral Service

Outline of Major Departmental Responsibilities

 Provide referrals to the public  Promote the LRS to the public  Promote participation in LRS to the membership  Process membership applications  Monitor matters referred and collect percentage fees  Assist members with selection of areas of practice and geographic range  Respond to written requests for assistance from inmates and the general public

Program Highlights

 Mailed LRS sticky notepads to all Circuit and District Judges and Clerks  Manned booth to sign up lawyers at Beasley Allen CLE conference and Admissions Ceremony.  Continued to refine LRS attorney application, including areas of practice, and had associated programming done.  Phased out shared Yellow Pages ads with VLP, per ABA recommendation  Continued weekly meeting to review all written correspondence/inmate letters, applications, etc.

Program Numbers

ASB member participation and referrals made are our key performance indicators (KPI) for this program.

Total Referrals 10,123 up from 9,101 FY15 Telephone Referrals 9,612 Online Referrals 455 Written Referrals 56 Inmate Referrals 37

No Referral 2,355 calls that did not result in a referral

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Advertising Costs 26,641.68 VLP ads were removed from LRS ads as they renewed

Total Fees Collected 26,000.00 up from 21,420 collected FY15 Percentage Fees 7,365.50 up from 5,655.57 collected FY15 Military discount 172 up from 170 offered FY15

LRS Membership 239 up from 237 FY15 Female 58 Male 181

Volunteer Service Component

The program is administered by a board of volunteers selected from the various judicial districts of the state.

VLP (Volunteer Lawyers Program)

Outline of Major Departmental Responsibilities

 Provide an organized vehicle through which attorneys may volunteer to advise and represent, without expectation of compensation, low-income Alabamians who cannot afford civil legal services  Develop and submit grant applications for funding to support the work of the program  Administer the VLP Client Intake Line and other avenues for client intake that insures compliance with eligibility requirements and provides appropriate information for proper referral  Maintain client, referral, and volunteer records and the VLP Database to ensure proper grant compliance and reporting  Engage in volunteer recruitment and management  Administer the VLP Law Student program  Administer the Wills for Heroes program  Respond to written requests for assistance from inmates and the general public  Provide clearinghouse for resources on Pro Bono issues  Staff and advance work of the: o Pro Bono and Public Service Committee o Pro Bono Celebration Task Force  Coordinate meetings of the state’s VLP Directors  Administer monthly legal assistance clinics  Coordinate and publicize the bar’s Pro Bono Celebration activities  Administer annual award nomination and selection processes

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Program Highlights

 Worked with SafeHouse Domestic Violence Shelter on a grant application and following approval on program implementation of pro bono legal assistance to domestic violence victims in Shelby County  Held monthly legal assistance clinic in Tuscaloosa  Conducted Wills For Heroes clinics in Cottondale, Bessemer, State Fair/Montgomery, Coffee County, Level Plains, Florence, Escambia County, Etowah County/Gadsden and two in Tuscaloosa including one at the police academy.  Presented at Public Interest events at Cumberland School of Law, University of Alabama School of Law and Jones School of Law  Worked with the Pro Bono Celebration Task Force to hold over 40 events throughout the state during pro bono month.  Presented at the ABA/NLADA Equal Justice Conference  Attended the ABA State Pro Bono Support and Access to Justice Directors Meeting  Sweep the ABA Day of Service Awards in the bar association categories for work during Pro Bono Month.

Program Numbers

Eligibility Inquires 6,106 Cases Opened 1,147 Cases Closed Male 1,102 Total Volunteers Enrolled 2,011 Outside Funding Obtained $264,154.00

There was a significant increase in funding over the previous year due to three separate cy pres awards totaling $61,000 and new foreclosure grant funding of $65,000.

Volunteer Service Component

Pro Bono and Public Service Committee – 612 hours 12 The Pro Bono and Public Service Committee members are selected from across the state. The committee’s scope is to promote access to justice through the governance and management of the Volunteer Lawyers Program, primarily focusing on promoting the growth of the program. The committee holds meetings at least quarterly and has several active subcommittees.

Pro Bono Celebration Task Force –1,150 hours12 The Pro Bono celebration task force is a group of volunteers from all over the state. These volunteers develop and carry out a plan for the state Pro Bono celebration which occurs in October. They are appointed in April and hold monthly meetings from May through August, bimonthly meetings in September and weekly meetings in October. The Task Force also has several very active subcommittees that oversee various aspects of the celebration.

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Program Services – 2,325 hours12 The day to day operations of the program relies on the provision of volunteer services by members of the bar. The program currently operates in 60 counties and the Bessemer cut-off of Jefferson County referring cases to volunteers. Volunteers enrolled with the Alabama State Bar provided 2,325 hours of legal service to low income Alabamians.

______12 These hours are not included in the state bar’s volunteer service total which only includes hours of volunteer service rendered in the areas of licensing, regulation and bar program oversight.

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