ISSUE 84 SUMMER 2017 EQUAL JUSTICE INITIATIVE FOUNDER BRYAN STEVENSON AT THE 2017 SPRING MEETING IN BOCA RATON American College of Trial Lawyers CONTENTS JOURNAL FEATURES Chancellor-Founder Hon. Emil Gumpert 03 President’s Perspective: President Bartholomew J. Dalton (1895-1982) 69 Classical Rhetorical Figures of Speech to Help the Modern Day Advocate OFFICERS 76 Fellow Takes Action To Help Young Marine Bartholomew J. Dalton President Samuel H. Franklin President-Elect 77 Three Fellows Answer Call to Assist NGO War Child in Iraq Jeffrey S. Leon, LSM Treasurer 81 Book Review: Al-Tounsi Douglas R. Young Secretary Michael W. Smith Immediate Past President 83 Personal Reflections: Earl J. Silbert, D.C.’s ‘Dean of the Criminal Defense Bar’ 86 Fellows Share War Stories BOARD OF REGENTS Ritchie E. Berger William J. Murphy 90 State of Discovery Reform in Canada and the U.S. Burlington, Vermont Baltimore, Maryland 97 All in the College Family: A Look At Family Ties Among Fellows Bartholomew J. Dalton Daniel E. Reidy Wilmington, Delaware Chicago, Illinois Kathleen Flynn Peterson Paul J. Hickey COLLEGE MEETINGS Minneapolis, Minnesota Cheyenne, Wyoming 05 2017 Spring Meeting Recap Samuel H. Franklin C. Rufus Pennington, III Birmingham, Alabama Jacksonville Beach, Florida 09 Hon. D. Robert Graham: Reviving Civic Engagement Susan J. Harriman Stephen G. Schwarz 13 Michael Taylor: Entertainment Industry Veteran on Power of Storytelling San Francisco, California Rochester, New York 19 Panel: Two Experts on Tech Changes, Digital Security & Privacy Thomas M. Hayes, III Michael W. Smith Monroe, Louisian Richmond, Virginia 29 Author Paul Taylor: Changes in the ‘Next America’ John J.L. Hunter, Q.C. Kathleen M. Trafford 35 Historian Dr. Robert P. Watson: Untold Stories from the White House Vancouver, British Columbia Columbus, Ohio 41 Jeffrey S. Leon, LSM Robert K. Warford W. Neil Eggleston: Role of the White House Counsel Toronto, Ontario San Bernardino, California 43 Hon. Mr. Justice Russell Brown: Canadian Justice Becomes Honorary Fellow W. Francis Marion, Jr. Robert E. Welsh, Jr. 49 Michele A. Roberts: Q &A with Executive Director of the NBA Players Association Greenville, South Carolina Philadelphia, Pennsylvania 53 Elizabeth N. Mulvey Douglas R. Young Judy Clarke: Receives Griffin Bell Award For Courageous Advocacy Boston, Massachusetts San Francisco, California 55 Equal Justice Initiative Founder on How To Move Justice Forward EDITORIAL BOARD 63 Past President Robert L. Byman Gives Inductee Luncheon Remarks Stephen M. Grant (Editor) Toronto, Ontario 65 Elizabeth K. Ainslie Philadelphia, Pennsylvania Lorna S. McClusky Provides Response on Behalf of Newly Inducted Fellows Catharine Biggs Arrowood Raleigh, North Carolina 67 Sixty-Five New Fellows Inducted Lisa G. Arrowood Boston, Massachusetts Carol Elder Bruce Washington, District of Columbia Richard C. Cahn Huntington, New York Lynne D. Kassie, Ad. E. Montréal, Québec FELLOWS IN ACTION Timothy D. Kelly Minneapolis, Minnesota David N. Kitner Dallas, Texas 34 Canadian Competitions Shape Next Generation of Trial Lawyers Kevin J. Kuhn Denver, Colorado 95 Sixty-seventh Annual National Moot Court Competition Carey E. Matovich Billings, Montana Paul S. Meyer Costa Mesa, California 101 Forty-second Annual National Trial Competition Robert F. Parker Merrillville, Indiana 103 Committee Updates Paul Mark Sandler Baltimore, Maryland Chilton Davis Varner Atlanta, Georgia 106 College Updates G. Gray Wilson Winston-Salem, North Carolina E. Osborne Ayscue, Jr. (Editor Emeritus) Charlotte, North Carolina Michael W. Smith (Regent Liaison) Richmond, Virginia ANNOUNCEMENTS 28 MANAGING EDITOR National Office Updates Eliza Gano 28 Correction/Errata ASSOCIATE EDITOR Amy Mrugalski 40 2017 Annual Meeting – Montréal For comments, inquiries, and submissions, 48 Foundation Updates RNGCUGGOCKNVJG0CVKQPCN1HƂEGCVGFKVQT"CEVNEQO Liz Doten Design Director IN EVERY ISSUE Ben Majors Photographer, EventWorks 18 Dennis J. Maggi CAE Executive Director Awards & Honors American College of Trial Lawyers 28 Fellows to the Bench 1300 Dove Street, Suite 150 Newport Beach, CA 92660 107 In Memoriam 122 YYYCEVNEQO Calendar %QR[TKIJV FROM THE EDITOR Stephen Grant PLEASE SUBMIT CONTRIBUTIONS OR SUGGESTIONS TO [email protected] As we reflect on the excellence of the Boca Raton Spring Meeting, there are issues afoot that require comment. One of the things the College is most adept at addressing is any attack, however indirect, on access to justice. It remains a fundamental tenet of the College—as does judicial independence, a foundational construct of the Rule of Law—that access to justice must continue to be unimpeded for all, regardless of the socio-economic status of the litigant. To avoid resolution ‘in the streets’ of civil disputes, our will need to be vigilant to ensure as much pro bono government is entrusted with promulgating and main- work as possible continues to be undertaken, almost taining an accessible civil justice system. While there irrespective of, but certainly if the cut is made. are, and continue to be, functional issues with and with- in the system, challenges also come from other corners. The College’s Access to Justice and Legal Services Committee has been keenly mindful of assessing and In this instance, there is a Presidential budgetary move monitoring the fate of the LSC and its funding. that would eliminate the funding of the Legal Services At least for this fiscal year, the crisis may have been avert- Corporation (self-described as “America’s Partner for ed. As reported by the ABA, the recent budget agree- Equal Justice”), if not this year, then next. Even a cur- ment allocates $385 million for the fiscal year ending sory look at its website shows the profoundly important September 30, 2017, thus ensuring the LSC grantees work of the LSC in assisting lower-income litigants receive level funding through this fall. While this year’s with various forms of access to justice—foreclosures, budget resolution offers hope, “advocacy for adequate disability claims, domestic abuse and the like— by funding for LSC in FY2018 continues… since … the providing funding to 133 independent non-profit legal Administration budget zeroed out LSC for FY2018.” aid programs in every state, the District of Columbia and U.S. Territories. At its essence, the LSC grantees The College, no doubt, will continue its advocacy for serve thousands of low-income individuals, work that this essential resource to ensure ongoing and unfettered is essential in removing barriers the dispossessed would access to justice. Those who can assist should keep the otherwise face in asserting their rights. work of the Access to Justice and Legal Services Com- mittee in mind. It is troubling not only that the actual LSC funding has declined in real dollar terms over the years but also that )))))))) the proposed cut is almost a dust mote in the enormity We heard talks on everything from Presidential affairs of the budget itself. In other words, the impact it would to changing demographics, professional basketball, to have on those who depend on its services is so dispro- boot, at the Boca Raton meeting, housed in the (more portionately inordinate when measured against its cost attractive, as I recall it) Boca Raton Club and Resort, to the public as to be shameful if the cut were permitted all of which is captured in this Journal issue for those to occur, whenever it might. there and, sadly, those not there but missed. As College President Bart Dalton put it in a media re- Montréal is lovely in the fall. À bientôt. See you there, lease in March, defunding the LSC would have dire soon. consequences for the country’s already endangered citi- zens. Apart from anything else, the College’s Fellows Stephen Grant SUMMER 2017 JOURNAL 2 PRESIDENT’S PERSPECTIVE WITH BARTHOLOMEW J. DALTON Since my last article in the Journal The gratitude shown me as the representative of the I have been to 20 different places. In the last College by this group of committed people was in- spiring. The fact that I was giving out a $100,000 two weeks I have been to Washington, DC; made me very popular. Toronto; St. Andrew’s, New Brunswick; This is just one of the many ways that the Founda- and Owensboro, Kentucky. What I have tion is helping the College meet our mission. There found with all of this traveling is that the are many more examples, so I want to urge every College continues to be true to its mission Fellow to contribute to the Foundation so that we can continue to benefit from their good work. The through the work of Fellows in every part campaign started at the 2016 Annual Meeting in of the U.S. and Canada. That mission has Philadelphia, “The Power of an Hour” has been a been realized in more tangible ways by success. That campaign asks each Fellow to con- tribute the dollar equivalent of one hour of billable the work of the Foundation. time to the Foundation. Past President David Beck, as President of the Foundation, has led this effort and the College owes him and the other Trustees of THE FOUNDATION the Foundation a great debt of thanks. In mid-May I was in San Francisco to formally THE WHITE PAPER ON CAMPUS award the Immigrant Legal Resource Center the SEXUAL ASSAULT INVESTIGATIONS 2017 Emil Gumpert award. This is a dynamic organization that is doing great work by helping We have not let this excellent paper become just an- immigrant individuals and families with many other part of our website. The Task Force on the of the legal hurdles they face. The event had ap- Response of Universities and Colleges to Allegations proximately 350 attendees including the Attorney of Sexual Violence, College staff, Être Communica- General of California, Xavier Becerra. I spoke to tions and I have been pushing the promulgation of Attorney General Becerra (it helps to have Secretary the paper to many different outlets.