May 2009, vol. 14, no. 4 The Catalyst The newsletter of the ISBA’s Standing Committee on Women and the Law
Chair’s Column
By E. Lynn Grayson, Chair1
he Women and the Law Illinois Attorney General, for chairing this Learn more about A Powerful Noise Live at Committee celebrated National special celebration.
1. Lynn Grayson -- large law firms; The Committee also will have a busi- with this wonderful committee. 2. Sharon Eiseman -- state government; ness meeting the following day on April The women attorneys on this 3. Nikki Carrion -- small law firms/gen- 24th at 9:30 a.m. You are welcome to join Committee are simply amazing -- bright, eral practice; us for this meeting. talented, energetic, caring and sup- 4. Annemarie Kill -- starting your own A very special thanks to Stephanie portive. My continued best to each of practice; Nathanson, Fiedler & Nathanson Ltd., you. The Committee will progress even 5. Sandy Blake -- public interest law; and, for chairing our University of Illinois further next term under the able leader- 6. Melissa Olivero -- federal government outreach, developing the panel discus- ship of Annemarie Kill, Avery, Camerlingo work, social issues and volunteer sion and organizing our efforts at the & Kill and Sandra Crawford, Offices of work. University of Illinois. Sandra Crawford. The Committee will spend time with Since this is the last edition of the As always, we appreciate the tireless the women law students following the newsletter during my term, I want to support and assistance the Committee panel discussion. We look forward to thank everyone on the Committee for enjoys from the ISBA’s Janet Sosin. joining in the day’s activities and events their hard work, support and overall It has been my sincere pleasure and including a special “Peer’s Pub” reception good cheer in making the 2008-2009 privilege to chair the ISBA Women and from 4:00 p.m. - 6:00 p.m. the same day. term another successful year for the the Law Committee. We are pleased to have the opportunity Women and the Law Committee. A ______to support this special Women’s Law personal thanks to ISBA Past Presidents 1. E. Lynn Grayson is Chair of the ISBA Society symposium and look forward to Cheryl Niro and Irene Bahr for encourag- Women and the Law Committee for 2008- our day in Champaign at the University ing me to get even more involved with 2009. She is a partner at Jenner & Block in of Illinois. the ISBA which led, in part, to my time Chicago.
Pictured At Left: The members of The Standing Committee on Women and The Law.
Pictured At Right: (From L to R): Susan Reigler, Clinical Director at LAP, Janet Piper Voss, Executive Director of LAP, Sharon Eiseman and Irene Bahr.
2 Vol. 14, No. 4, May 2009 The Catalyst
Beating breast cancer one step at a time The Catalyst Published at least four times per year. By Mona Stone of Locke Lord Bissell & Liddell LLP Annual subscription rate for ISBA members: $20. o you want to make a dra- within weeks of each other at the end matic contribution to the of 2007. That both scared me and cata- To subscribe, visit www.isba.org or call Dbattle against breast can- pulted me to do something about it. (217)525-1760 cer? Over 2 days and 39 miles, you Right around that time I started hearing can make an extraordinary impact on on the radio and seeing at “L” stops ads Office millions of women affected by breast for the 2008 Avon Walk for Breast Cancer Illinois Bar Center 424 S. 2nd Street cancer globally. The Avon Walk for in Chicago. And I thought, “You know, I Springfield, IL 62701 Breast Cancer (“Avon Walk”) is a national should do that … I need to make a dif- Phones: (217) 525-1760 OR 800-252-8908 series of 39-mile weekend fundraising ference.” Web site: www.isba.org events launched in 2003 by the Avon ISBA: You participated in last year’s Foundation. The cities participating in Co-Editors walk in Chicago. What gave you the idea Sandra Crawford the 2009 Avon Walk include Houston, to create a team made up of members of 77 W. Washington, Ste. 1515 Washington D.C., Boston, Chicago, Rocky Chicago, IL 60602 your law firm? Mountains, San Francisco, Los Angeles, Heather M. Fritsch New York and Charlotte. Those who par- AKT: Frankly, I wasn’t sure I would 204 S. Main Street, Ste. 2 ticipate in the Avon Walk help grant aid be able to walk that far on my own. So Sycamore, IL 60178 to medically under-insured women and I thought of walking with others at my Managing Editor/Production men to receive the screening, support, firm so the walk would be not only a Katie Underwood and treatment they require. fundraiser but as bonding experience to [email protected] The dates for the Avon Walk Chicago bring the participating attorneys closer Standing Committee on are the weekend of June 6 – 7, 2009. As together. Women and The Law E. Lynn Grayson, Chair noted on the Avon Foundation’s Web site ISBA: How did you go about forming ( http://walk.avonfoundation.org): Annemarie E. Kill, Vice-Chair a team (i.e., how did you solicit participa- Sandra Crawford, Secretary Noted for its Lake Michigan tion)? Sharon L. Eiseman, Ex-Officio shoreline and downtown skyline Patrice Ball-Reed (considered by many as the most Sandra M. Blake AKT: A few firm-wide emails gener- E. Nicole Carrion picturesque skyline in the world), ated interest, and then I followed up Roberta C. Conwell America’s third-largest city plays individually with anyone who expressed Heather M. Fritsch host to the Avon Walk Chicago, Amanda C. Jones potential interest in participating. And, Diana M. Law June 6-7, 2009. You will travel because the Walk is open to anyone and Lori G. Levin along the vast lakefront, past stun- Emily N. Masalski ning architecture and through Anne C. Mudd Stephanie K. Nathanson vibrant multi-cultural neighbor- Save the date! Julie A. Neubauer hoods. Whether you’re a resident Melissa M. Olivero or a visitor, you’ll come face-to- Mary F. Petruchius Gwendolyn Y. Rowan face with the Midwest warmth, Join us for a Women Amie M. Simpson friendliness and sophistication of Letitia Spunar-Sheats Chicagoland—all the while help- Everywhere: Mona M. Stone ing the city’s breast cancer com- Partners in Service Paula H. Holderman, Board Liaison munity gain momentum and take Janet M. Sosin, Staff Liaison one step closer to a cure. E. Nicole Carrion, CLE Coordinator Project day of Lori G. Levin, CLE Committee Liaison Participants in the Avon Walk Chicago Disclaimer: This newsletter is for subscribers’ personal will walk up to 26.2 miles on Saturday court tours and use only; redistribution is prohibited. Copyright Illinois and 13.1 miles on Sunday. A. Kelly Turner, State Bar Association. Statements or expressions of educational opinion appearing herein are those of the authors and a partner in the Litigation Department at not necessarily those of the Association or Editors, and Locke Lord Bissell & Liddell LLP, provides programming on likewise the publication of any advertisement is not to insight on the Avon Walk based on her be construed as an endorsement of the product or ser- vice offered unless it is specifically stated in the ad that experience in participating in last year’s April 24, and a com- there is such approval or endorsement. Avon Walk Chicago and in organizing a Articles are prepared as an educational service to team for 2009. munity service day members of ISBA. They should not be relied upon as a ISBA: What prompted you to become on June 12. substitute for individual legal research. involved with the Avon Walk and when? The articles in this newsletter are not intended to be used and may not be relied on for penalty avoidance. AKT: Two of my friends were diag- See page 7 of this Postmaster: Please send address changes to the Illinois nosed with early-stage breast cancer State Bar Association, 424 S. 2nd St., Springfield, IL newsletter for details 62701-1779.
Vol. 14, No. 4, May 2009 3 The Catalyst
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4 Vol. 14, No. 4, May 2009 The Catalyst everyone who wants to walk, men as well day two of the Avon Walk? as women, everyone at the firm was a ISBA: Any tips on how to ask people AKT: The organizers of the Avon Walk potential walker. for donations (i.e., what worked well for arrange for discounted rooms at a hotel your team and you)? Were you able to ISBA: If I form a team through my law (out by O’Hare), and the walkers are raise more than the minimum required? firm, can people outside my firm still join encouraged to stay the Saturday night my team? AKT: I reached, and surpassed, the at the Wellness Village (last year, it was a fund-raising goal last year without too large park in northwest Chicago) in tents AKT: Absolutely, as you can set up much effort. I tweaked the Avon Walk’s that are set up for the walkers. I opted to your team however you want. Our team template e-mail to fit my circumstances spend the night in my own bed so I could is open not only to attorneys and staff and personality a little better and then see my kids. but also clients, family and friends. The sent that around to my family, friends more, the merrier! ISBA: The energy level during the and colleagues by e-mail. The positive event itself must be exhilarating. Were ISBA: Do you know how many teams responses I received were just amazing. people cheering you on along the walk walked last year? Were other law firms ISBA: You have a demanding career itself? represented last year? and a family with two young sons. How AKT: That was one of the best parts of AKT: There were numerous teams last do you find the time to organize a team the walk – people from neighborhoods year but I am not aware of any others and walk in the Avon Walk? all over Chicago came out to cheer for us, organized through a law firm. AKT: It is hard to give up a weekend hand out water, lollipops or popsicles, or ISBA: Are there minimum require- to the Avon Walk – I did miss the time offer up a spray from a hose to cool us off. ments for team formation? with my kids. But compared to what It made such a huge difference and was AKT: All you need to form a team are those fighting breast cancer go through, really a great morale booster. one weekend is the least I can do. at least two people who have registered ISBA: Describe the most challenging as walkers in one of the Walks and a team ISBA: What do you do to physically aspect of the 2-day Avon Walk. name. As a registered walker, you commit prepare for 39 mile-walk? How much AKT: The hardest part for me was to raising at least $1,800 in donations. training is involved? keeping my spirits up around mile 16 on Your team sets a fund-raising goal that AKT: There is a suggested training Saturday – we still had 10 miles to go and can be more than each team member’s schedule put out by the Avon Walk my blisters were unbearable. But that $1,800, but it doesn’t have to be. organizers, but I did less than what was was where having teammates was so ISBA: Can children participate in the recommended due to my other time important – we kept each other moving Avon Walk? commitments. For 4 or so months before forward. the Walk I worked out usually 5 times a AKT: All walkers have to be at least 16 ISBA: What was the most gratifying week, walking for an hour or combining years old, but kids aged 10-16 can apply part of participating in the 2008 Avon walking with another workout (biking to be part of the Youth Crew, one of the Walk? groups of volunteers who “crew” the or elliptical). I’m over 40 and not in great AKT: I have a three- part answer – (1) walk – help out at street crossing, pass shape – if I can make it with minimal the response I received from friends, out drinks and snacks at rest stops, and training, anyone can! family and colleagues to the donation overall provide awesome morale support ISBA: What happens if someone can- requests I sent out, (2) actually finishing – for the walkers. not walk the full 39 miles? I think I could have run that last mile!, and ISBA: Can people from other cities AKT: The Avon Walk crew has shuttles (3) sending a thank-you e-mail to all my participate in the Avon Walk Chicago? that pick up those in too much pain or supporters. And a fourth part – finding AKT: Absolutely, and they do. I heard who are walking too slowly. I know that out that I was part of the Chicago Walks’ of people from all over Illinois and there are sometimes people who can raising more then $9.1 million in 2008! only walk one of the two days. Although throughout the country walking in the ISBA: You are organizing another the preference is to have everyone walk Chicago Walk in 2008. And attorneys firm team for the June 2009 Avon Walk the full 39.3 miles, I think it’s understood from Locke Lord Bissell & Liddell walked Chicago. Is it any easier the second time that it can’t always happen. in the Avon Walks in Washington, D.C. around? Do you plan to do it again next and Los Angeles, as well as Chicago, last ISBA: What can someone expect dur- year? year. ing the walk? AKT: Ask me in three months if the ISBA: What is the minimum individual AKT: Blisters, muscle pain, cramps, Walk is easier this time around … I fundraising amount per team member? and fat fingers (fluid collects in your assume it’ll be better because at least I Is it hard to raise that much? hands after a while) were my biggest now know what to expect. My goal is to AKT: The fund-raising minimum of problems. But there are medics at some walk every year until my knees just can’t $1,800 per individual walker is daunt- of the rest stops who do their best to take it anymore. Then I will volunteer as a ing but I was happily surprised last year help as much as they can. And pushing member of the crew to participate vicari- to find that friends and family quickly yourself through the pain is part of the ously in the Walk! overall experience of succeeding. stepped up to support me with gener- ISBA: Is there a deadline by which ous donations. And I know that my other ISBA: Are there accommodations for people need to make donations for the team members felt the same. an overnight stay between day one and 2009 Avon Walk?
Vol. 14, No. 4, May 2009 5 The Catalyst
they send payment? (e.g.,, does the Avon ISBA: Where can people get more AKT: Walkers can collect donations up Foundation take donations without team information if they want to form a team until the date of the Walk, although you sponsorship?) and/or participate in Avon Walk Chicago need to have reached the fund-raising 2009? AKT: I believe that you can make minimum before the Walk in order to be donations to the Avon Walk for Breast AKT: The Avon Walk for Breast Cancer allowed to check in as a walker. Cancer directly on the Avon Walk Web Web site -- walk.avonfoundation.org – ISBA: Can people make donations site without specifying a walker or team has lots of information, and you can reg- without forming a team or participating to support. ister online to be a walker. in the Avon Walk? If so, where should
Women who made history during Lincoln’s presidency
By Sandy Blake of LifeSpan, Chicago, Illinois
n recognition of the bicentennial of paper published in Washington, D.C. soldiers. In addition, Dr. Blackwell taught the birth of Abraham Lincoln and Although she planned to write only three training courses for nurses. Several INational Women’s History Month, or four episodes, as a result of popular months later, the Union established the take this opportunity to meet or become demand, some 45 episodes were pub- U.S. Sanitary Commission, and WCAR reacquainted with women who made lished. Uncle Tom’s Cabin was published came under its umbrella. history during the Lincoln presidential in book form in 1852. More than 1 million Mary Livermore and Jane Hoge were years. Those who paved the way include copies were sold in the U.S. and England involved with the Chicago office of the abolitionists, soldiers, spies, nurses and within a year. Shortly thereafter, the book Sanitary Commission. While the organi- organizers. was translated into at least 10 languages, zation successfully distributed thousands Among the most famous of the including French, German, Italian and of boxes of supplies, transportation Lincoln-era women are two former Portuguese. funds were in short supply. The two slaves. Although she never learned to Born into an upper-class family in organized a regional fair to raise funds to read or write, Sojourner Truth command- Charleston, South Carolina, in the early meet those expenses. Livermore, Hoge ed attention by her physical appear- 1800s, Angelina Grimke grew to abhor and other women solicited contributions ance and her communication style. slavery and left the South at age 24, mov- of goods and money from leaders in sev- A muscular, six-foot-tall woman, she ing to Philadelphia. There she joined the eral states. The fair was a huge success, frequently addressed anti-slavery meet- antislavery movement, and even wrote a raising nearly $100,000. Similar fairs in ings, recounting tales of slave children pamphlet directed to Southern women. other major cities followed. being forcibly taken from their mothers The pamphlet sparked outrage and was Perhaps best known as the founder and sold off. The mother of 13 children, publicly burned in Charleston. Well into of the U.S. Red Cross, Clara Barton was Sojourner Truth spoke about that terrible her golden years, Grimke continued to the first woman ever hired for a govern- pain from experience. help the newly freed slaves by speak- ment job in Washington, D.C. She was a In physical contrast to Sojourner ing at meetings and collecting funds. teacher at age 15 and opened her own Truth, Harriet Tubman was only about In the late 1860s, Grimke learned that school by the time she was in her early five feet tall. Harriett Tubman was about she had three nephews who were her 20s. A reputed organizational genius, 30 years old when she escaped to the brother’s sons by a slave woman, among Clara Barton became involved in the war North. She then became a conductor them Archibald and Francis Grimke. She effort when some of her former students on the Underground Railroad for eight helped to pay for Archibald’s tuition at were injured and killed in battle near years, making nearly 20 trips to lead Harvard Law School and for Francis’ at Washington. She helped set up a pro- slaves from Maryland and Delaware Princeton Theological Seminary. visional hospital in the U.S. Capitol. She to freedom. Her efforts earned her the Dr. Elizabeth Blackwell was the first gathered warehouses full of provisions appellation “Moses,” after the biblical woman in the U.S. to earn a medical needed by the Union Army and distrib- character. An antislavery and women’s degree. Recognizing that the Union uted them to camps and battlegrounds rights speaker, Harriet Tubman asserted, Army had no organized supply distribu- around Washington. Clara Barton was “I never ran my train off the track, and I tion system, in April 1861, she organized credited with being the first nurse to never lost a passenger.” During the Civil thousands of women in New York City arrive at Antietam in Maryland. She is War, she worked as a nurse and a scout into the Women’s Central Association of said to have nursed wounded soldiers for the Union Army. Relief (WCAR). Although it had no offi- following that battle, where more than Harriet Beecher Stowe began writing cial status, this volunteer organization 20,000 were killed or injured, working Uncle Tom’s Cabin as a weekly series in planned to collect all types of donations outside the official system. Barton contin- The National Era, an antislavery news- from citizens and distribute them to ued to use her superlative organizational
6 Vol. 14, No. 4, May 2009 The Catalyst skills after the war. Realizing that thou- She placed a medicine that would induce Women used their social posi- sands of soldiers died in prison camps vomiting into some food that was later tion to spy for the South and North, and more than half of the Union dead stolen and eaten by the thieves. She had as well. Rose O’Neal Greenhow was a were buried in unmarked graves, Barton the satisfaction of seeing the results of wealthy, Southern widow who lived in asked President Lincoln to authorize her her attempts to deter future thefts reach Washington, D.C. A society hostess, she to conduct official searches on behalf fruition. entertained senators, government offi- of the families of soldiers who did not In the South, Sally Tompkins of cials and military leaders, gathered intel- return home. Once she had that authori- Richmond established a 22-bed hospital. ligence and passed it on to Confederate zation, Barton spent her own money to The facility was so well-acclaimed that commanders using elaborate codes. She locate the fallen. She appealed to veter- Confederate President Jefferson Davis drowned on a return trip from Europe to ans, published in newspapers and posted awarded her the rank of captain. raise funds for the Confederacy. names in public places. After four years In addition to nursing, the Civil War Known as “Crazy Betsy,” Elizabeth Van of searching, Barton learned the fate of allowed women to enter other non-tra- Lew lived in the Confederate capital of more than 22,000 Union soldiers. ditional professions—such as soldier and Richmond and spied for the Union Army. During the Civil War years, nursing spy. Dozens of women were discovered She assisted in having a former slave became a new profession for women, disguising themselves as men and fight- installed in the home of Confederate and it is estimated that more than 3,000 ing in the armies of the North and South. President Jefferson Davis and made her women answered the call. Shortly after Among them were Franny Wilson of New own mansion a refuge for those who the war began, the U.S. government Jersey, who fought in the Union Army escaped from Confederate prisons. As appointed Dorothea Dix superintendent for 18 months before she was wounded a reward for her services, after the war of women nurses. Her responsibilities at Vicksburg, Mississippi, and Amy Clark, she was appointed postmistress of included screening volunteers and estab- who fought for the Confederate Army to Richmond. lishing rules for hospital duty. Prior to her be near her husband and continued in Tens of thousands of slaves sought appointment, Dix had gained a reputa- uniform even after he was killed. Jennie refuge behind Union lines. These slaves tion as a reformer of mental hospitals. Hodgers avoided discovery for decades became known as “contrabands.” The She concentrated her efforts on investi- after the war. She fought in an Illinois largest groups made their way to gating the treatment of the mentally ill regiment for four years as Albert Cashier Washington, D.C and South Carolina’s in the U.S and England and worked to and maintained her male disguise until Sea Islands. In 1862, teachers began improve conditions in asylums. she was injured in a car accident in 1911. arriving to the Sea Islands to educate the Among the women nurses was Sarah Edmonds also escaped detection. contrabands. Among the teachers was Louisa May Alcott, who volunteered at As Franklin Thompson, she enlisted in the Charlotte Forten, a free black woman the Union Hotel Hospital. She oversaw a Second Michigan Volunteer Infantry as who came from a family of abolitionists ward of 40 beds, reading newspapers to a male nurse and later became a Union in Philadelphia. Forten devoted her life the injured, helping them write letters, spy. Her identity was revealed some 20 to teaching a working for civil rights. In easing their distress, distributing medi- years after the war, when she sought 1878, she married Francis Grimke, neph- cines and treating wounds. Shortly after assistance in getting a military pension. ew of Angelina. arriving at the hospital, Alcott became ill with typhoid fever. She recovered from the illness but never fully regained her strength. Alcott later gained fame as the author of Little Women. At about the same time that Alcott became ill with typhoid fever, the illness took the life of the hospital’s head nurse, or matron, Hannah Ropes. Prior to her death, Ropes had frequent battles with The member advantage just got the head surgeon regarding the hospi- tal’s management and conditions. Being even better... unsuccessful with the surgeon and his superiors, Ropes took her concerns to U.S. Secretary of War Edwin Stanton, who removed the head surgeon and ordered an official inspection of the hospital. Mary Ann Bickerdyke cared for sol- diers at 19 battle sites. She nursed thou- sands of Union soldiers and was named matron of a hospital in Cairo, Illinois. Absolutely FREE 50-state online Bickerdyke discovered surgeons and research brought to you by The ISBA and others were stealing food and supplies ISBA Mutual Insurance Company. from the hospital. Her confrontation of the chief surgeon was unsuccessful, so she took matters into her own hands. Available at www.isba.org
Vol. 14, No. 4, May 2009 7 The Catalyst
Mediation and Domestic Violence: A practical guide for mediators and attorneys
By Nikki Carrion
n 2006, the Illinois Supreme Court information regarding any orders of pro- throughout the mediation session. adopted rules governing media- tection that may be in effect. That infor- There are some tools that a media- Ition in family law cases. Illinois mation is helpful, but a mediator should tor may use to maintain the balance of Supreme Court Rule 905(b) mandates also request copies of the pleadings from power in mediation. First, the mediator each judicial circuit to establish a media- the parties’ attorneys to check for any can encourage or allow an advocate or tion program for all dissolution of mar- allegations regarding domestic violence attorney of the abused party to be pres- riage and paternity cases involving issues as well. Mediators may also use screening ent in the waiting room to provide sup- of child custody or visitation. Rule 923(a) tools, i.e., questionnaires or intake forms, port throughout the process if needed. (3) mandates that if the parties to a case that must be completed by the parties Second, the mediator can mediate with involving child custody or visitation prior to the first mediation appoint- the parties separately, in separate rooms issues have not reached an agreement ment. Screening tools should be kept or at different times in order to increase regarding those issues at the time of the confidential so as not to disclose any the abused party’s ability to fully assert initial custody case management confer- unintended or unknown information to her needs safely. This process is gener- ence, the parties must attend mediation the other party or risk any parties’ safety. ally referred to as “caucusing” or “shuttle to resolve those issues prior to litigation. Any party or their attorney should inform mediation.” The mediator will have to be While most judges and attorneys agree the mediator of any domestic violence or careful not to disclose any information that mediation is generally a good thing safety issues or concerns prior to the first received by the abused party during cau- for most custody and visitation cases, mediation session. cusing that she does not want to share there may be certain cases, such as cases Once the mediator identifies that with the other party. The mediator should that involve domestic violence, that may domestic violence is an issue in the case, ask for permission to disclose. Third, the require special considerations during the mediator should take certain steps mediator should continue to monitor mediation or perhaps a waiver of media- to safeguard the session and the media- the process for the abused party’s safety tion altogether. tion process. First, the mediator should and ability to negotiate. If at any time the Supreme Court Rule 905(b)(iv) make sure he or she has established suf- mediator feels that the mediation process exempts certain cases from the media- ficient safeguards to protect the parties, puts the abused party at an increased risk tion process if certain “impediments” the mediator, and the mediator’s office of danger or that the abused party does exist. The committee comments to Rule staff and personnel. A mediator may con- not have the ability to adequately nego- 905 list certain impediments, including sider having the parties arrive and leave tiate, the mediator can terminate the but not limited to, domestic violence, mediation separately, to sit in separate mediation session without any explana- mental health issues, and drug or alcohol waiting rooms, and in certain cases, allow tion to the court or the other party other abuse. In cases where an impediment to an advocate or attorney to be present than that the mediator feels that media- mediation may exist, it is up to the Judge in the waiting room for support of an tion is not appropriate or feasible in this to determine that the impediment exists abused party. particular case. Indeed, the mediator and exempt the parties from mediation. During the actual mediation process must adhere to confidentiality of the pro- Therefore, if a party wants to be exempt itself, the mediator should be knowl- cess and must remain neutral so as not to from mediation due to an impediment edgeable of the dynamics of domestic disadvantage either party in court. such as domestic violence, then that violence—specifically, that domestic vio- If the mediator can maintain the party or his or her attorney should file an lence is fundamentally about an abuser’s balance of power, the mediator should objection to mediation before the initial need for power and control. Successful consider facilitating the crafting of an custody case management conference. mediation presumes that the partici- agreement that is very specific and incor- The judge will then make a determina- pants have equal power in the mediation porates any safety measures and con- tion as to whether or not the impedi- and decision-making process. An imbal- cerns of the abused party such as loca- ment exists and whether the parties will ance of power may result when a party tions and times for visitation exchanges, be ordered to attend mediation. fears asserting his or her own needs and surrenders of passports, etc. Both parties Not all cases involving domestic goals or when he or she is unable to should be fully and regularly informed violence are necessarily exempt from assert needs or goals due to trauma, etc. that they can terminate the media- the mediation process. I have success- If the balance of power is not maintained tion process at any time. Even though fully mediated a number of cases where or goes unrecognized during the media- mediation is a “mandatory” process, if domestic violence has been present. tion process, the process or any resulting either party chooses not to attend or However, mediators may need to handle agreement could put one party or the cooperate, the mediation is terminated these cases differently. At the outset, children at an increased risk of danger or and the mediator would file a general mediators should be able to identify the resulting agreement may be unfair or non-compliance/termination report with whether or not domestic violence exists. one-sided. Thus, the mediator will need the court. To keep the parties on board Typically, in my circuit, the form used by to diligently assess and maintain the with mediation, however, I generally the court for mediation referrals includes balance of power between the parties spend time discussing the advantages
8 Vol. 14, No. 4, May 2009 The Catalyst of mediation to the parties throughout is “correct” or “justified.” So long as both explain the mediation process with your the mediation process to redirect them parties’ needs and goals are addressed client before the first mediation session. and to keep them on task. Additionally, I and incorporated into a final agreement, Explain the entire mediation process, find it helpful to remind the parties that both parties can feel confident with the including caucusing, and advise your cli- my job as mediator is not to make judg- agreement. Finally, it is important to note ent that he or she should tell the media- ments about the truth of the allegations that in some cases mediation may not be tor about any safety concerns prior to of abuse. I am not the judge. It is not nec- possible if the imbalance of power is so mediation in a confidential setting. If the essary to establish whether the allega- great and the mediator cannot maintain mediator has an intake form or screening tions are true or false. What is necessary the balance. In those cases, the mediator tool, make sure your client adequately is that regardless of whether or not the should terminate the mediation imme- completes it and returns it to the media- allegations are true or false, if one party diately. tor in advance of the first session. Finally, has safety concerns, those concerns must As for lawyers representing victims of remind your client that even though be addressed in any agreement—which domestic violence in custody cases, talk mediation is a good thing and can work can be done without anyone admitting with your client about mediation before even in cases involving domestic vio- to the truth of the matter. The media- the initial custody case management lence, your client’s safety is the ultimate tor’s job is to redirect the parties’ focus conference. In some cases you may need priority and he or she can terminate on getting their respective goals and to object to the mediation process. In all mediation at any time if he or she feels needs met regardless of whose version other cases, you should, at a minimum, unsafe.
Spring 2009: Launch of The Legal Balance
By Erica Zalokar
et involved with a new How Does The Legal Balance Help other programs geared towards women resource for women attorneys Women? attorneys. to be launched this spring! The Legal Balance will provide access G The Legal Balance will provide anony- to the Top 100 Legal Balance Leaders in What is The Legal Balance? mous forums to facilitate community its section entitled, “This is how she does discussions. Ask those tough and some- The Legal Balance is a new, soon-to- it!” where The Legal Balance will show- times delicate questions. Are you looking be launched online community catering case successful women attorney leaders for a fertility specialist? Do you need tips exclusively to women attorneys to help in Chicago and later the nation. on partnership advocacy? Are you work- them find a way to effectively and effi- Lastly, The Legal Balance has numer- ing part-time with a reduction of salary ciently handle their personal and profes- ous experts on hand to answer questions but no reduction of job responsibilities? sional priorities. The Legal Balance is a on real estate, finance, career, skin care Ask the Legal Balance community your repository of information and resources. from an Oprah show dermatologist, even questions in a safe, nurturing and sup- Its mission is to provide resources that wine! portive community. improve the promotion, retention and The Legal Balance is designed for The Legal Balance also has many con- leadership of women attorneys in the all women attorneys. Whether one is a tributors, including a group of successful legal profession and beyond. The com- new lawyer freshly sworn into the bar, a and powerful women attorneys, such as munity draws on the collective knowl- veteran lawyer whose been practicing our “Dear Jane” contributor where mem- edge of its members to create a power- for years, an associate, in-house council, bers can ask their questions anonymous- house “brain.” No matter where one is at government attorney, not-for-profit ly. Do you want to know if it is okay to in their career, The Legal Balance would lawyer, judge, staff attorney, partner, law date a co-worker? Why has no one asked like to connect its members to other student, stay-at-home mom, or an attor- you to take an expert deposition? The women attorneys just like them to pro- ney looking to return to the practice, The Legal Balance’s “Dear Jane” will work with vide the information, opportunities and Legal Balance wants all women to know its members to create a success strategy resources they seek, thereby increasing they are welcome! career game plan. all members’ personal and professional ______The Legal Balance will provide an satisfaction, efficiency, and effectiveness. About the Founder: After practicing law events calendar to its members where The Legal Balance will provide numer- for many years, Erica was alarmed at the attri- the bar associations’ events will be show- ous resources for women attorneys in tion rate of women attorneys leaving the cased and listed for quick review and to one spot, including tips on rainmaking, practice of law, and Erica realized a new pas- connect its members to the various bar mentoring, career advancement, and sion: helping women attorneys from all back- association committees and resources grounds gain access to resources and to con- job opportunities. The Legal Balance focusing on career issues, women’s nect them in a powerful community. It is her is designed as one-stop shopping for issues, mentoring opportunities and hope that the Legal Balance will assist women resources women attorneys need. attorneys in all stages of their career choices.
Vol. 14, No. 4, May 2009 9 The Catalyst
She also hopes that women attorneys will use women attorneys to leadership in Chicago, The Legal Balance goes live this spring their great brains, talents and resources to including Eimer Stahl Klevorn & Solberg, with a small $40 annual membership fee to help others. a litigation boutique spun-off from Sidley join. If you would like an invitation to join, Prior to The Legal Balance, Erica practiced & Austin, Ungaretti & Harris, and Williams, Erica can be reached at Erica@thelegalbal- corporate litigation at numerous prestigious Montgomery & John. Erica is a 1998 graduate ance.com. law firms that have done much to advance from Indiana University Maurer School of Law.
Approaches and alternatives for implementing a Business Development Initiative
By Deb Knupp and Paula Giovacchini
rom 2001 – mid-2007 annual ship development and business develop- are anecdotal results. growth for law firm revenue and ment training to assist with the “lunch Fprofits per partner was at near transition.” Adopt A Business Development double-digit levels and firms enjoyed Many Women’s Initiatives are seek- Process unprecedented growth, according to ing to network with other professional Before a Women’s Initiative embarks Hildebrandt’s 2009 Legal Study. In the women’s groups outside of law firms as a upon a business development program, 2006-2007 class, women made up 46.9% means to drive relationship building that it would be wise to adopt a general of law school students. According to a could lead to business. As such, most of business development process to guide 2006 survey by the National Association these efforts are centered on “meet-n- accurate expectations and appropriate of Women Lawyers, greets” without a defined goal or objec- activities to determine how and when an of the nation’s 200 largest law firms, tive that would create more meaningful effort will generate an ROI. One effective women represent 30% of of-counsel, follow-up. The best “meet-n-greets” are approach is represented in the process 26% non-equity partners and almost built around prep/planning/strategy diagram below that accounts for the 16% of equity partners. Catalyst esti- to ensure that the right people are in importance of clearly targeting contacts mates women will not achieve parity the room with clear goals for follow-up. and building authentic relationships that with men in law firm partnerships until Business development through Women’s with time may transition into a legal busi- 2088. Initiatives can also create a target market ness development opportunity. to develop business specifically with What’s a woman attorney to do? women prospects/clients. Approaches and Alternatives for Business development is the life- With budgets tightening, more Business Development Initiatives blood of a law firm’s sustainability and Executive Committees are asking the There are a number of approaches viability, particularly in light of the recent tough questions about return on invest- and alternatives for business develop- economic challenges. Many law firms ment (ROI). The most progressive ment initiatives. A number of firms are are recognizing that a critical element of Women’s Initiatives are creating regular shifting attention from simply building business development is ensuring that reporting (internal selling communica- business development skills to building relationships are being built within the tion) to the ECs as to what’s happening business development agility. To suc- right target markets and that law firms and seek to quantify results, even if they cessfully evolve to strategy and agility, are bringing real value and real solu- tions to business problems, even when Target Relationship Transition Sales Execution Close Business there is no immediate legal problem at Building hand. Additionally, many firms have also launched organized Women’s Initiatives Identify contact Build and Be aware of any Execute a sales Close busi- within your nurture the triggering event process that ness when you that are seeing an increased interest in target market relationship with happens that may include satisfy the 6 transitioning from pure affinity groups and find the “in” authenticity and aids in identify- introductions, Qualifers(sm) to become more focused on business that establishes provide solu- ing a legitimate content, pitches, Problem, development. These initiatives are mov- affinity or inter- tions to prob- legal need, solution plan- Solution, ing away from “monthly lunches with the est in having a lems that should problem, oppor- ning and pro- Urgency, Access, ladies” into more substantive vehicles to relationship be solved tunity, etc. posals Expectations, increase firm revenue, talent pools, etc. Budget with greater accountability to results. A number of firms are investing in leader- TIME
10 Vol. 14, No. 4, May 2009 The Catalyst attorneys must have a common set of the and accountability for long term change development fundamental skills, language, tools, etc. or results and may have difficulty realiz- • Education offers that focus on change Given the current economic climate ing the full ROI if the firm culture is unre- management together with clients requesting alter- ceptive to change. Strategic and agility • Engage in “special project teams” with native-billing arrangements, Women’s based programs can be more expensive clients Initiatives have an opportunity to dem- to implement and require organizational • Engage in best practice briefings onstrate resourcefulness and out-of-the- patience and resolve to see full results. • Establish regular communication pro- box thinking to increase revenue during tocol with clients and teams a downturn. Law firm leaders do not Winning Business Development • Hosting family friendly events with a have the roadmap since the legal market Strategies for Women prep and follow-up plan has not experienced anything like the Regardless of the selected business • Hosting gender neutral events with a current recession for the last 17 years or development approach, there are a num- prep and follow-up plan longer. ber of strategies and best practices for • Hosting selective ‘women only’ events Economists predict that a broad individuals and firms as a whole. A few with a prep and follow-up plan recovery is not likely to occur before 2010 of these best practices are highlighted and some see an even longer road. One below: Summary bright spot is highlighted in a recent An organized Women’s business Hildebrandt Study that states since the Individual Strategies development initiative provides for legal industry is a critical part of the • Segmenting contacts to focus on “A” greater structure and professionalism in economic infrastructure, law firms are level relationships – professional and the business development approach and generally fairing better than other busi- personal can help women attorneys have a distinct nesses and the demand for legal services • Turning client relationships into con- advantage in the market place. Firms will rebound as the economy begins to nectors will realize a greater ROI as the business recover. • Finding a dedicated business devel- development approach evolves from The following diagram demonstrates opment rhythm that works with time awareness and skill building to strategic four fundamental approaches to consider management constraints thinking and agility in business devel- when launching a business development • Looking at invitations, education and opment. Sustainability in revenue gen- initiative. contacts as currency for business eration happens when individuals and The typical positives for each development groups execute best practices and strate- approach are that awareness and skill- • Leveraging 3-for-1 payback on any gies with consistency and accountability. based programs are generally less investment of effort The current market and economic climate expensive to implement, focus on the • Setting definitive next steps to ensure presents a tremendous opportunity for individual and don’t necessarily require regular, timely follow-up women to take a leadership role in rev- the firm’s culture to change. Strategic and • Finding lunch, drink and sports alter- enue generation and pave the way for agility based programs can generate a natives for staying in touch innovation in client relationship building. more substantive ROI, positively impact • Leveraging engagement reviews ______the firm culture and deliver firm-wide For more information or questions, please improvement in client service and talent Firm Strategies: contact: retention. • Education offers that have CLE accred- Akina – Deborah Knupp, dknupp@akina. The typical downsides for each biz 312-560-5940 itation approach are that awareness and skill- Gio Group – Paula Giovacchini, paula@ based programs may lose momentum • Education offers that focus leadership giogroupinc.com 312-520-1133
Business Development Approaches Builds Agility
Builds Strategic strength • Consultative Selling Builds Skill • Leadership Development • Practice Group Focus Builds Awareness • Emotional Intelligence • Cross Selling • Change Management • BD Training • Succession Planning • BD Coaching • Aligned Communication • BD Lunch and Learns • BD Training and Coaching • BD topic at Retreats and • In-House Universities Practice Group Meetings V E N UE RE
Results
Vol. 14, No. 4, May 2009 11 The Catalyst Upcoming CLE programs
To register, go to www.isba.org/cle or call the ISBA registrar at 800-252-8908 or 217-525-1760.
May 2009 Government Lawyers. Presented by the ISBA Committee on Government Friday, 6/05/09 – Carbondale, Friday, 5/01/09—Chicago, ISBA Lawyers. Southern Illinois University School Regional Office—Cross Section of Law—LESSONS IN PROFESSIONAL of Immigration and Criminal Law; Friday, 5/08/09—Chicago, The RESPONSIBILITY. Learned from the Immigration Consequences of Criminal Conference Center, UBS Tower— Illinois Law Practice of Abraham Lincoln. Offenses. Presented by the ISBA Cutting Costs and Maximizing Value A Master Series Video Production International & Immigration Law Council, in International Intellectual Property Presented by the Illinois State Bar Co-Sponsored by the Criminal Justice Law Practice. Presented by the ISBA Association, co-sponsored by the Council. 8:30-11:30. International & Immigration Section. Southern Illinois University School of 8:30-12:15. Law. Friday, 5/01/09—Chicago, ISBA Regional Office—The Child As Witness. Friday - Saturday, Friday, 6/05/09 – Bloomington, Presented by the ISBA Child Law Section. 5/08/09—5/09/09—Chicago, ISBA Eastland Suites—Inside Divorce 1-5. Regional Office—Basic Skills for New Mediation. Presented by the ISBA Attorneys. Presented by the Illinois State Alternative Dispute Resolution Section, Sunday – Tuesday, 5/03/09 – Bar Association. Co-sponsored by the ISBA Family Law 5/05/09 – Chicago, Jenner & Block LLC Section. 9-1. Conference Center—International Court Friday, 5/15/09—Springfield, of Arbitration Workshop. Presented by President Abraham Lincoln Hotel Wednesday - Thursday, 6/10/09 Jenner & Block LLC, Co – Sponsored by and Conference Center—State and – 6/11/09 – Chicago, ISBA Regional the ISBA Alternative Dispute Resolution Municipal Administrative Hearings Office—Attorney Education in Child Section.
12 Vol. 14, No. 4, May 2009 The Catalyst
2009 Edition
nEW!!!
A PRACTICAL GUIDE TO THE ILLINOIS DOMESTIC VIOLENCE ACT
Jan Russell 2009 Edition
A Practical Guide to the Illinois Domestic Violence Act If you take family law cases, you’ll find this book an essential aide. ers from Florida to Hawaii. This new edition Although intended primarily for attorneys who practice in civil is available NOW! court, this book is also valuable for assistant state’s attorneys and Published 2009, 198 pages domestic violence advocates. It provides a clear and comprehen- sive understanding of the Act, and can be used as a quick reference A Practical Guide to the for researching specific problems. Twelve sections cover Public Illinois Domestic Violence Act Policy, Substantive Provisions of the Act, Procedural Provisions, $40 Member/$50 Non-Member Enforcement of Orders of Protection, Law Enforcement Respon- (includes tax and shipping) sibilities, Domestic Violence Workers, Appeals and Constitutional Challenges, Orders of Protection in Criminal Court, Representing Need it NOW? Respondents, Civil No Contact Orders, Resources for Victims of Domestic Violence, and much more. Prepared by Jan Russell from Also available as one of ISBA’s FastBooks. the Chicago Police Department, a highly-rated trainer on domes- View or download a pdf immediately using tic violence and child abduction issues who has trained more a major credit card at the URL below. than 15,000 police officers, lawyers, and social service provid- $37.50 Member/$47.50 Non-Member
Order at www.isba.org/bookstore or by calling Janice at 800-252-8908 A Practical Guide to the Illinois Domestic Violence Act Illinois has a history of some pretty good lawyers. $40 Member/$50 Non-Member (includes tax and shipping) We’re out to keep it that way.
Vol. 14, No. 4, May 2009 13