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The Bulletin ~meritan ~ollege of \lrrialJLatupers THE BULLETIN Number 30 Spring 1998 ACTL Spring Meeting In \ Palm Desert Three Presidents in Palm Desert P. Andre Gervais, Q.C., Montreal, Quebec, President, Canadian Bar Association; Edward Brodsky, New York, President, American College ofTrial Lawyers; Jerome J. Shestack, Philadelphia, President, American Bar Association. ome 950 ACTL Fellows, President of the College and At- gether, there are more disputes," Sspouses, guests and speakers torney General in President he said. ''People seem to be con­ gathered at the Marriott Desert Jimmy Carter's Administration, stantly looking for new rights." Springs Hotel in Palm Desert, spoke ofthe "explosion of rights" Noting that we must be very care­ California for the American Col­ in this country during the first ful in state and federal courts not lege of Trial Lawyers' 1998 General Session on March 20. to deny people their rights, he Spring Meeting in March. "Life has become more compli- also said one of the major chal­ Judge Griffin Bell, a Past cated, people are crowded to- (Continued on page 2) In This Iss~e: 1- ACTL Spring Meeting Spring Meeting CLE - 13 6 - President's Report ACTL Calendar of Events - 16 9 - Spring Meeting Honors . Committee News Reports- 18 10 - New Fellows Inducted ~ State and Province Committee Repods - 25 12 - Judicial Appointments THE BULLETIN 2 (Continued from page 1) "bounty hunting" qualities of i!lmetiran Ql:ollege of m:rial J!.atnperli lenges of the court system is Qui Tam cases as being, ''wild THE BULLETIN ''weeding out rights somebody cards within the law, and they CHANCELLOR-FOUNDER imagines they have from real greatly interfere with the way Hon. Emil Gumpert (I 895-1982) rights." Judge Bell said there are the legal system should work." "too many trifle cases" and that Judge Bell is a Fell ow of the OFFICERS the development of class action EDWARD BRODSKY, President College and a partner with King E. OSBORNE AYSCUE, JR., President-Elect cases has sent "lawyers looking and Spalding in Atlanta. MICHAEL E. MONE, Secretmy EARL J. SILBERT, Treasurer for cases that produce fees." ANDREW M. COATS, Immediate Past President He also noted the difficulty of NITA in South Africa BOARD OF REGENTS average Americans gaining en­ E. OSBORNE AYSCUE, JR. JOHN S. MARTEL trance to our legal system. "If James E. Ferguson, a Fel­ San Francisco, California San Francisco, California low of the College and Chair of EDWARD BRODSKY MICHAEL E. MONE you are middle class and don't New York, New York Boston, Massachusetts have a contingency case," he the National Institute of Trial SPENCER J. BROWN JAMES W. MORRIS, lll Kansas City, Missouri Richmond, Virginia said, "you are hard put to estab­ Advocacy (NIT A), told the au­ ANDREW M. COATS ANTHONY MURRAY dience of some 500 ACTL mem­ Oklahoma City, Oklahoma Los Angeles, California lish your rights." He reminded DAVID S. CUPPS EDWARD J. RICE, JR. the audience that there are public bers at the opening session about Columbus, Ohio New Orleans, Louisiana NIT A's experiences in establish­ LOUIS W. FRYMAN DAVID W. SCOTT, Q.C. defenders, legal aid lawyers and Philadelphia, Pe~sylvania Ottawa, Ontario country lawyers who never turn ing a trial advocacy program in GARRM.KING STUART D. SHANOR South Africa. He explained that Portland, Oregon Roswell, New Mexico people away from their doors, THOMAS R. LEMON EARL J. SILBERT but that there is no organized the legal system in South Africa Warsaw, Indiana Washington, District of Columbia is a combination of common law WARREN B. LIGHTFOOT effort to take care of the middle Birmingham, Alabama JAMES F. STAPLETON and the civil law of the Dutch­ Stamford, Connecticut class. ROBERT A. YOUNG He also contended that, "One Roman system, and that there Executive Director of the worst things that has hap­ was no jury system when the PUBLICATIONS COMMITTEE NITA program began there 12 L. F. SAMS, JR., Chail; Tupelo, Mississippi pened to the law practice is doing RAYMOND M. BROWN, Newark, New Jersey years ago. He said that even MORRIS HARRELL, Dallas, Texas away with notice pleading." Stat­ DANIEL T. RABBITT, St. Louis, Missouri though the justice systems of the PAUL A. RENNE, San Francisco, California ing, 'We have had an explosion L. K. SMITH, Tulsa Oklahoma United States and South Africa RANDALL L. SOLOMON, Cleveland, Ohio of discovery," he told of his sur­ JAMES A. VANDER STOEP, Chehalis, Washington are quite different, he "soon SHARON M. WOODS, Detroit, Michigan prise on once hearing that a DAVIDS. CUPPS (Regent Liaison) lawyer in his firm was, "On dis­ learned that the techniques of GARY HUNT advocacy and persuasion are Managing Editor covery." Judge Bell said lawyers try to find the facts through dis­ universal." covery and document production Mr. Ferguson explained how and added that, ''Document prac­ the "Black lawyers of South tice has become one of the most Africa had incredible obstacles expensive parts of the practice of to overcome." He said the law." lawyers they met in those early days of the program had come American College of Trial Lawyers Judge Bell also mentioned 800 I Irvine Center Dr. , Suite 960 how the Federal Sentencing face to face with the criminal Irvine, California 92618 justice system, "And virtually all Telephone: (714) 727-3194 Guidelines have ')ust about Fax: (714) 727-3894 of them had been political pris­ coPYRIGHT taken plea bargaining out of the 1998 ~....-____________] justice system." He also called oners of one kind or another. punitive damages, RICO, and the (Continued on page 3) 3 THE BULLETIN (Continued.from page 2) son, Stein, Wallas, Adkins, Gresham & Almost to a person, the lawyers we met Sumter, P.A. of Charlotte, North Car­ had been arrested for political reasons, olina. had been imprisoned for political rea­ sons, had been banned - a punishment Do You Know Your Client? we don't know anything about here­ for political reasons, or had been ban­ John L. McGoldrick, a Fellow of the College and Senior Vice President ished for political reasons." He also ' said most of them were products of a Law and Strategic Planning, and Gen- "grossly inferior" education and legal eral Counsel of Bristol-Myers Squibb education. "They encountered disre­ Company in New York gave a presen­ spect in the courts and every day they tation entitled, ''Reflections of a Trial laid their lives on the line and were in Lawyer Turned General Counsel." He said the great challenge is for danger of personal safety. Yet, to a the general person they were committed to spend­ trial lawyers to understand business ing their time in a program that was people. He asked the audience, "How counsel's job foreign to them because they felt this good is your understanding of our is to "protect role?'' Mr. McGoldrick noted that was a way of improving their advocacy shareholder skills." business people have a different world "These were lawyers who were view from lawyers. He said the general values." fighting the effects of an unjust system counsel's job is to "protect shareholder on a daily basis," Mr. Ferguson said. values." John McGoldrick "These were people who were seeking He said there is often a different emergency applications to keep people perspective from what the trial lawyer in their homes. These were people who thinks business people want from what were protecting children who were ar­ they really want. rested under a state of emergency for Although part of the general nothing more than kicking a ball into counsel's job will always be to count beans and be cost effective he said the street and following the ball down ' ' the street. These were people who "what we really want is the highest were trying to keep families together professionalism." when a family member might be taken His list of what general counsel re­ away in the night and detained without ally wanted was as follows: excellence explanation, and without contact with in all things, big and small; wisdom; the outside world." independent judgement; fearless can­ He also noted that NIT A was "a dor; integrity, responsiveness to gen­ child" of the ACTL as the College had eral counsel and the core values of come forth with a seed grant of civility and honor. $10,000 in 1971 to help get the insti­ Mr. McGoldrick challenged the au­ dience to "know thy client " to find out tute started. The College has also pro­ l ' vided cash and resources to pay for what the company really wants. "Don't lawyers to attend NIT A courses over be afraid of numbers," he said, and the years. "think ofwhy we retain you." Mr. Ferguson is a partner in Fergu- He said he realized the difficulty of (Continued on page 4) THE BULLETIN 4 (Continued from page 3) to de-link federal judges salaries answenng the general counsel's from those of Congress. The com­ question of "What are our chances of mittee is also developing a process winning this case?" He said 1general whereby they can prepare Fellows to counsel know you can't really put a speak out quickly when "hair­ number on that question, but that it triggered calls for an unpopular deci- · was, nevertheless, a relevant and im­ sion" can be appropriately defended. portant question. ''What I really want The committee is also focusing on to know is what's in your gut, your the problem of current judicial va­ liver, your soul, your heart," Mr. cancies in hopes that appointments McGoldrick said. "It's very valuable. can be made more quickly, and that It's one of the most valuable things hearings might occur more quickly.
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