Oregon State Bar Meeting of the Board of Governors June 22, 2012 Ashland Springs Hotel, Ashland, OR Open Session Agenda The Open Session Meeting of the Oregon State Bar Board of Governors will begin at 1:00 p.m. on June 22, 2012. 1. Call to Order/Finalization of the Agenda 2. Department Presentation A. Diversity & Inclusion [Ms. Hyland] 3. Reports A. Report of the President [Ms. Naucler] Written Exhibit B. Report of the President-elect [Mr. Haglund] Written Exhibit C. Report of the Executive Director [Ms. Stevens] Inform Exhibit D. Board Members’ Reports Inform E. Director of Diversity & Inclusion [Ms. Hyland] Inform F. MBA Liaison Report [Ms. Kohlhoff] Inform G. Oregon New Lawyers Division Report [ONLD Representative] Inform Exhibit 4. Professional Liability Fund A. General Report [Mr. Martinez] Inform Exhibit B. Financial Report [Mr. Martinez] Inform Exhibit 5. Emerging Issues Discussion A. Out-of-Town BOG Meetings [Ms. Naucler] Discuss B. BOG Meeting Frequency [Ms. Naucler] Discuss 6. BOG Committees, Special Committees, Task Forces and Study Groups A. Policy and Governance Committee [Ms. Stevens] 1. Amendment to OSB Bylaw Article 27 Action Exhibit BOG Agenda OPEN June 22, 2012 Page 1 of 3 2. Proposed Amendment to Oregon RPC 5.4 e Inform Exhibit B. Public Affairs Committee [Mr. Larson] 1. Legislative Update Inform 7. Other Action / Discussion Items A. Illinois State Bar Association Resolution/Report re: ABA Policy Action Exhibit B. Centralized Legal Notice System [OLF] Inform Exhibit & Handout C. CLE Seminars Business Plan [Ms. Lee] Inform Exhibit D. Legal Publications Author / Editor Survey Summary Inform Exhibit E. LRS Policy & Procedure Amendments Action Exhibit F. OGALLA Request to Support ABA Resolution Action Exhibit G. Client Security Fund Claims Recommended for Payment Action Exhibit H. Proposed Legal Job Opportunities Work Group Action Exhibit I. MCLE Request for Review Action Exhibit J. OSB Diversity Branding [Mr. Kranovich & Ms. Hyland] 1. Diversity Definition, Tag Line, Business Case Statement Action Handout 8. Closed Sessions – CLOSED Agenda (click here) A. Judicial Session (pursuant to ORS 192.690(1)) – Reinstatements B. Executive Session (pursuant to ORS 192.660(1)(f) and (h)) - General Counsel/UPL Report 9. Consent Agenda A. Approve Minutes of Prior BOG Meetings 1. Regular Session – April 27 , 2012 Action Exhibit 2. Special Open Session – May 24, 2012 Action Exhibit B. Appointments Committee 1. Appointments to Various Bar Committees, Action Handout Boards and Councils BOG Agenda OPEN June 22, 2012 Page 2 of 3 10. Default Agenda A. Minutes of Interim Committee Meetings 1. Access to Justice Committee a. May 24, 2012 Exhibit 2. Budget and Finance Committee a. April 27, 2012 Exhibit b. May 24, 2012 Exhibit 3. Member Services Committee a. April 27, 2012 Exhibit b. May 24, 2012 Exhibit 4. Policy and Governance Committee a. April 27, 2012 Exhibit b. May 24, 2012 Exhibit 5. Public Affairs Committee a. May 24, 2012 Exhibit 6. Unclaimed Lawyer Trust Accounts a. April 27, 2012 Exhibit 7. Public Member Selection a. April 27, 2012 Exhibit B. CSF Financial Report Exhibit C. Audit Report of 2010 & 2011 OSB Financial Statements Exhibit 11. Good of the Order (Non-action comments, information and notice of need for possible future board action) A. Correspondence B. Articles of Interest BOG Agenda OPEN June 22, 2012 Page 3 of 3 Report of the President April 28, 2012—June 13, 2012 5/1 -2/12 NW Bar meeting Tigard 5/10/12 Meet with Chief Justice; lunch with Court; swearing-in of new admittees Salem 5/11/12 Past presidents’ lunch Tigard 5/17-20/12 ABA State Access to Justice Conf. Jacksonville, FL 5/24/12 BOG Committee Meeting; BOG alumni dinner Tigard 6/8/12 PLF meeting; meet with Deschutes Bar Bend 6/13/12 AJC Award lunch Portland Report of President-Elect Mike Haglund BOG-related activities, May 1-June 15, 2012 May 1-2 Western States bar leaders meeting, OSB Center May 9 Meeting with staffer in charge of Washington State Bar Association Modest Means Program, Seattle May 10 Meeting with Chief Justice, Salem Swearing in for new admittees, Willamette University May 21 MBA annual dinner June 4 Meeting with representatives of Oregon Association of Counties regarding OLF proposal, OSB Center June 5 OPB interview regarding judiciary study June 7-8 PLF Board meeting, Bend June 11 Oregon Law Commission Judicial Selection Work Group, Salem June 13 Meeting with representatives of the Oregon Newspaper Publishers Association regarding OCF proposal, OSB Center OREGON STATE BAR Board of Governors Agenda Meeting Date: June 22, 2012 From: Sylvia E. Stevens, Executive Director Re: Operations and Activities Report OSB Programs and Operations Department Developments Accounting & • Certified 60-day notices were mailed in May to 651 members (3.5% of Finance/Facilities membership) still owing their 2012 bar membership fees. This is an (Rod Wegener) increase from 2011 when we mailed out 551 or 3.1% of members initially billed. • As of June 11, the survey contractor had received 1,205 responses to the 2012 Economic Survey. This is 30% response rate. The final response rate in 2007 was 66% (2,215 completed surveys). Reminder notices and surveys were sent on June 11. • The contract with Fastcase expires in September 2012. Bar staff are working with Fastcase to determine new features and cost. The original contract was for three years, so no change in providers is expected. • There have been three inquiries about the vacant space in the building in early June including one showing. • The bar expects Integra Telecom to have the bar hooked to a fiber optic line by the end of June creating faster internet access and a marketing feature for potential tenants. • The bar’s Project Manager continues to work diligently with LRS staff and Legal Interactive to bring the new lawyer referral software with the new program features to conclusion by July 1. Admissions • The July exam will be held July 24 & 25 at the Red Lion Hotel – Jantzen (Jon Benson) Beach in Portland. The pool of applicants registered for this exam is below the average for recent July exams by approximately 16%. Adjacent jurisdictions also report similar declines in the number of applicants for this exam. Requests for accommodations on the exam have been on the increase. This includes applicants who will need to use assistive technologies and the hiring of “readers” (for visually-impaired applicants). This increases the costs borne by Admissions and we will continue to track this trend. • The Annual Meeting of the Oregon Council on Legal Education and Admission to the Bar (OCLEAB) will be held on June 22nd. In addition to the BBX, the meeting is attended by the Oregon law school deans and the Chief Justice. One of the main topics on the agenda will be consideration of the Uniform Bar Exam (UBE) which is gaining support nationally. The UBE would allow law licenses to be more “portable” for lawyers seeking work in other jurisdictions. The UBE has been adopted by the adjacent states of Washington & Idaho. BOG Agenda Memo — Executive Director’s Operations Report June 22, 2012 Page 2 Department Developments • There is evidence of significant non-compliance with the House Counsel Rule, which requires lawyers working in the state as in-house counsel to be admitted here (unless they fall within the ambit of the “temporary” practice provisions of Oregon RPC 5.5), though they do not need to sit for and pass the Oregon bar examination. Jon Benson has reached out to the Corporate Counsel Section and other groups to encourage compliance. Other enforcement steps are being considered. Member & Public Communications Services • The Bulletin is on pace to break revenue records, with all revenue items (Kay Pulju) other than classifieds running ahead of projections. The biggest increase (74% over projections) comes from Lawyer Announcements, which could indicate movement in the legal employment market. • The Communications team is working on various multimedia projects, including a recruitment video for OLIO. Nomination materials for the 2012 President’s Awards are now available, with promotion efforts underway. A revision of the public-directed handbook Legal Issues for Older Adults has been completed, and will be available online and in print at cost. Member & Public Services • The Member Services team continues its ongoing support work for bar sections and committees, including a new review of officer training resources and section CLE services. The Lawyers for Veterans Steering Committee is co-sponsoring a veterans’ benefits program with OSB CLE on June 28, and working with the Public Affairs Department on legislative proposals. Referral & Information Services • Registration information and materials were sent to all current panel members in mid-May, with a follow-up notice in mid-June. Staff have been busy responding to questions on the many program changes to take effect on July 2, and also working with General Counsel to address member concerns with the new LRS policies and procedures. Software development has also been a priority, including preparations for webinars to train panelists on the new online interface for tracking referrals. As of June 11 approximately 200 members have registered as panelists for the new program year. CLE Seminars • Worked with the Client Assistance Office and Discipline Counsel Office to (Karen Lee) produce a six-hour ethics seminar on ethics best practices. Seminar satisfied reinstatement requirements for certain OSB members. Strong live and webcast attendance (73 and 26, respectively). • Cosponsored a two-day program with the DOJ, FBA, and ONLD on handling a foreclosure case. Great attendance: 108 registered for the live seminar and 221 registered for the webcast. • Developed a weekly webcast series on employment law topics that will be broadcast live and replayed during July and August.