In the Loop Is Published Quarterly by the Association for Kim Levine and Amie Burnett Continuing Legal Education (ACLEA)

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In the Loop Is Published Quarterly by the Association for Kim Levine and Amie Burnett Continuing Legal Education (ACLEA) THE INTHE IN News Quarterly of the Association For Continuing Legal Education The Shoemaker’S elveS VOLUme 32 | No. 2 | SUmmer 2011 By vincent o’Brien President of ACLEA and hIGhlIGhTS Assistant Director at Minnesota CLE. 5 Marketing by the Numbers Allow me this opportunity to dearly 6 CLE Impact: NYSBA Task Force Report thank members and staff for what I 8 Member Moment: Mindy Thomas-Fulks gained during my time on the Executive Committee and as President— 9 Event Marketing 2.0 I am clearly wiser as a person and better as a CLE professional for this experience. The personal relationships begun or deepened through 11 Thank You for ACLEA Boston! interactions with the committee and with the ACLEA membership will 16 A Note from the Departing Co-Editors be with me for the rest of my life. Thanks very, very much! THE INTHE IN ACLEA — To serve the CLE profession worldwide through aCLEA executive Director leadership, education, and development. Donna J. Passons, Texas Institute of CLE Production Team aCLEA website: www.aclea.org Jennifer Eisen Print Manager, West Professional Development ©2011 ACLEA In the Loop is published quarterly by the Association for Kim Levine and Amie Burnett Continuing Legal Education (ACLEA). Graphic Artists, West aCLEA Newsletter editorial Committee ACLEA welcomes comments, article ideas, and letters. For submissions, see the Contributors’ Guidelines at Co-Chairs and Co-editors www.aclea.org/Resources/ContributorGuidelinesITL/ Maryanne G. Jensen, Massachusetts CLE tabid/114/Default.aspx, and contact any of the co-editors: L. Joy Tataryn and David P. Owen, CLEBC • Maryanne G. Jensen: [email protected] • David Owen: c/o Joy Tataryn members • Joy Tataryn: [email protected] Jennifer Eisen, West Professional Development Charles F. Huxsaw Evelyn Gaye Mara, Professional Development Services Liz M. Misiaveg-Patel, Minnesota CLE Robert Spangler, NJICLE Benjamin Toby, Freshfields Bruckhaus Deringer US LLP Susan L. Tomita, ALI-ABA ACLEA Executive Committee President Vince O’Brien, Minnesota CLE Table President-elect of Contents Lisa Deane, State Bar of Arizona Secretary 1 President’s Column Roger B. Curlin III, Carlton Fields, P.A. 4 The Nominating Committee’s 2011 report to aCLEA 5 Marketing by the Numbers Treasurer 6 Cle Impact of the NYSBa Task Force report on the Donita Bourns Douglas, Oklahoma Bar Association Future of the Profession Directors-at-large 8 Member moment: mindy Thomas-Fulks Sean Carter, Lawpsided Seminars 9 Event marketing 2.0 Jennifer LC Flynn, Legal Education Society of Alberta 11 Thank You to Sponsors and exhibitors Karen D. Lee, Oregon State Bar for aCLEA Boston! Dawn M. McKnight, Colorado Bar Association CLE 16 A Note from the Departing Co-editors LaVone R. Warren, Cumberland School of Law 17 ACLEA’S 47th annual meeting 2 | SUMMER 2011 This final column looks at both sides of the law of unintended many seek legal advice. The rules of ethics are relaxed when consequences and leadership. One of the epiphanies gained you have been up for 72 hours and are exhausted working through my ACLEA experience is that strategies are more fires or medicals for the third night in a row, and sometimes important than actions even though they guide and inform you gravitate towards the most practical solution. So it was them. Two years ago, Lisa Deane of the State Bar of Arizona a dozen or so years ago when the chief at that time—a man and I were charged with working on a complex problem. I continue to admire, a wise man, acted quickly to terminate We used a system of problem-solving called “knowledge- a person he didn’t get along with. He had some basis for based governance” to analyze the problem—identifying: his actions even though the person had a spotless record stakeholders and their thoughts/needs/preferences, current of 17 years. Rather than choosing any number of strategies realities/evolving dynamics relevant to the decision, our and actions that could have addressed the issue in a less capacity/strategic position, and any ethical implications. drastic manner, he chose to force termination/resignation. (This process was developed by Glenn H. Tecker with Tecker Shortly after he acted, he asked me for advice. The other Consultants, who spoke and taught at our New Mexico fellow was also my friend (they both still are) and he came to Meeting.) Our information gathering took a couple of phone me for advice as well. What a conundrum with such severe calls, and we created and exchanged a few documents. consequences. The chief did not like the way the firefighter We were able to define the mega-issue and its sub-issues. irritated him with constant challenges to every leadership Even though it was just the two of us, it was very helpful decision (this happens with regularity in fire stations). I to collaborate, combine, and accept as valid each other’s did my own investigation of all of the facts involved. The differing views. Next, we went through a part of the process termination became a resignation, and long since they both Glenn calls “dialogue and deliberation.” That helped us have moved on. The firefighter found work delivering caskets identify choices covering a broad range of possible actions, and, unfettered by management, he has been happy at his including doing nothing. Throughout the process, we job for the first time in his life. The chief retired and it’s fair tried to make informed decisions about advantages and and accurate to say that he is beloved by almost all he served disadvantages of each possible action. The process and over the years. The sad thing is that when conversation runs our collaboration surprised me (maybe Lisa too) in that into the night and meanders to those landscapes I mentioned we learned how to work together and the importance of earlier, the kindly chief loses the twinkle in his eye and speaks thoroughness. We revisited our strategies over a couple years out of shades of regret. I sense very deeply that even though as factors changed and developed. It was remarkable. Like he can and does feel very good about almost all aspects of the Shoemaker’s elves, our process worked to accomplish how he has lived and his tremendous work as a leader—he a great deal by informing our actions, yet that process was has a Dostoevsky-like regret that will always be there. never itself revealed. One never really knows when or how these issues will pop up; Keeping this process alive and fresh, regardless of the it could be at any time, day or night. I suspect they are most nomenclature, is more important than achieving isolated and often disguised as somewhat trivial. When you look at yourself specific results. I am soon going to learn that once someone in the mirror at the end of the day, or when the talk runs late leaves the team, that process needs to be reinvigorated with and is liberated by libations, you are a whole lot better off new decision-makers. I’m moving down the road, carrying if you ran your decisions through an appropriate crucible of aspects of what I can define of that process with me forever on strategic thinking. In the graying light of that landscape where new paths. As far as ACLEA goes it really is okay to have some decisions are re-examined, there is some comfort in knowing of the same issues debated every couple of years in perpetuity that one’s decisions have been the product of a process of as long as that discussion guides strategy. deliberation, as opposed to the rash results of decisions made absent the benefit of careful, deliberative thought. There are some odd occurrences associated with watching leadership on the landscapes of evaluation and judgment. On the Fire Department that I have been a part of for 18 years; we are all very close as a result of what we do. Just as I ask people who are carpenters for advice on repairing drywall, SUMMER 2011 | 3 lalla Shishkevish These rankings were compiled into a list of names that the Committee reviewed by email. The committee then met by Director of the D.C. Bar Continuing Legal conference call on March 31 and again on April 22 to discuss Education Program the final list of candidates. During the call, the Committee: • Agreed to nominate six candidates to stand for election The 2011 Nominating Committee is pleased to submit its for the four vacant Director-at-Large positions; and report to the ACLEA Executive Committee. I would like to • Discussed potential candidates, exploring what each thank the members of the Nominating Committee who did would bring to the Executive Committee. an excellent job throughout the process; they are Lisa Deane, Susan Blair, Donna Passons, and Alan Treleaven. The Committee then unanimously agreed to a preliminary slate of nominees to recommend to the Executive Committee, The Committee’s Procedures: upon condition that each designated person accepts the The Nominating Committee began its process by reviewing nomination to run. I contacted the potential nominees in the pertinent sections of ACLEA’s by-laws and policies and order of preference agreed upon by the Committee until the procedures manual. We used the list of current and recent six Director-at-Large nominees had accepted. SIG and committee co-chairs to begin our search for potential Director-at-Large candidates. Committee members Committee Recommendations: submitted additional names to be considered. During an The Nominating Committee recommended to the Executive initial meeting by conference call on February 14, 2011, the Committee the following individuals to stand for election as Committee: officers: • Discussed the nominating process and positions to be filled during the 2011 election; • Roger Curlin III, Carlton Fields—President-Elect; • Discussed the officer positions to be filled; • Donita Bourns Douglas, Oklahoma Bar Association— • Discussed two possible scenarios for Director-at-Large Secretary; and positions: 1) nominations to fill the three expiring • Karen Lee, Oregon State Bar—Treasurer.
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