1. Healthcare

2015 Mid-Year Meeting
Houston, Texas
February 4 - 7, 2015
Join NOBC for our
2015 Mid-Year Meeting
The National Organization of Bar
Counsel warmly welcomes you to
the Mid-Year Meeting in the city
of Houston, Texas. Houston was
founded in August 1836, a mere 4
months after its namesake, General
Sam Houston, won independence from Mexico at the Battle of San Jacinto. It served as the capital
of the Republic of Texas from 1837 to 1840. The City, which on January 1, 1837, was comprised
of twelve residents and one log cabin, is now the 4th largest city in the United States. And, it has
been said that “Houston” was the first word uttered from the surface of the moon in 1969¹.
We gather to begin the celebration of our beloved organization’s 50th Anniversary. We have some
fun and surprises, in addition to the usual well-planned educational programs. The Program
Committee has scheduled sessions on Alternative Business Structures, Cradle-to-Grave Attorney
Regulation Models, and Building Hardiness in Lawyer Regulation Work. As always, we will have the
always-amazing Current Developments panel updating us on the state-of-the law. The managers
will continue the Fran Bassios Memorial Program, and there are sessions for honing your skills
at opening argument, direct examination, and arguing an appeal. Our Joint NCLBD/NOBC Panel
will look at the never-ending conundrum of the appropriate sanctions in attorney discipline cases.
Later, our APRL/NOBC panel will discuss handling respondents’ defenses.
Of course, for any of our programs to matter, we need your presence. We only have two opportunities
each year to get together to discuss our work, find out what is happening beyond our borders, and
enjoy the camaraderie of hard-working colleagues.
Let’s come together in our 50th year and see if the windmills are weakening²!
SEE YOU IN HOUSTON!
2015 Program Committee
¹ Technically, Lunar Module Pilot, Buzz Aldrin, uttered, “Contact light. OK. Engine stop,” and he, and Mission Commander, Neil Armstrong,
and Capsule Communicator (CAPCOM), Charles Duke, had a series of communications required after landing. But, the first words anyone
on Earth cared about were, “Houston, Tranquility Base here. The Eagle has landed.”
² A nod to Miguel de Cervantes Saavedra and Bob Newhart for the inspiration.
Location - Hotel Information
The Crowne Plaza Houston Downtown
1700 Smith St
Houston, TX 77002
Phone: (713) 739-8800
Set in the heart of the Central Business District, the Crowne
Plaza Houston Downtown offers an unparalleled location near
leading leisure and business destinations such as Houston’s
Toyota Center, Rice University, and Minute Maid Park. Less
than 1 mile from the George R. Brown Convention Center,
our Downtown Houston hotel is within walking distance to fine dining and shopping, plus
just 4 blocks from the Metro LightRail. Take advantage of complimentary shuttle service to all
Downtown Houston destinations, including the Convention Center, Toyota Center, Minute Maid
Park, Houston Theatre District, as well as the Metro LightRail Main Station.
NOBC has negotiated a special rate of $180/night plus taxes. The room rate includes guest room
internet. To reserve your room online, call 1-713-739-8800 and reference NOBC. To receive this
rate you must book your hotel room by Monday, January 19th, 2015.
Jointly Sponsored by NOBC and DC Bar
Wednesday, February 4, 2015
12:00pm - 1:00pm
New Attendee Luncheon
1:15pm - 1:30pm
Welcome and Announcements
1:30pm - 2:00pm
Keynote Address
Trey Apffel, Esquire (President, State Bar of Texas)
2:00pm - 3:30pm
Around-the-Room: A Return to Tradition!
Moderator:
Paul J. Burgoyne (PA)
As we celebrate our 50th Anniversary, we will return to the original format of aroundthe-room. We will start with the front row and snake though the room with each
person introducing him/herself and passing the Big Mike to the next person. Please
choose ONE member of your delegation to provide a brief update on and pose any
pertinent questions about issues of regulation, ethics, and professionalism in your
jurisdiction, and to suggest programming topics for future meetings.
3:45pm - 4:45pm
Cradle-to-Grave: A “One Shop Does It All” Approach to Regulating the
Practice of Law
Moderators: Paul J. Burgoyne (PA)
James C. Coyle (CO)
Michael Kennedy (VT)
We are now witnessing shrinking law school enrollments. We also know there is a
large population of baby boomers who will either continue to practice law well into
their traditional retirement years or who will choose to exit the profession. With
declining numbers of active attorneys in our jurisdictions, we may soon face new
regulatory challenges with fewer financial resources.
Each jurisdiction has a unique approach to how it regulates the practice of law. The
goal of this and future programs is to look at some innovative approaches already
adopted by some jurisdictions to regulate the practice of law in these changing
times.
Colorado has one office that regulates all aspects of the practice of law (often
described as the “cradle to grave” approach). Attorney regulation functions
begin with the bar application process and continue through every stage of an
attorney’s career – bar admission, annual registration, diversion and discipline,
mandatory CLJE, client security, and conservatorships. The office also regulates
the unauthorized practice of law by non-lawyers and assists the state’s Commission
on Judicial Discipline with judicial discipline and disability matters. This panel will
take a look at this particular state’s approach, as well as some others, to illustrate
the ever-changing model of attorney regulation.
5:00pm - 7:00pm
President’s Reception and Award
Thursday, February 5, 2015
8:00am - 9:00am
Breakfast Buffet & Program Committee Meeting
9:00am -10:30am
Alternate Regulatory Structures: Is it Really the End of the Profession
As We Know it?
Moderator:
Panelists:
John Berry (FL)
Paula Littlewood (WA)
Desmond Hudson (LSE&W)
Hope Todd (DC)
Traditionally, the provision of legal services in the United States has been reserved
for the duly licensed lawyers. As such, U.S. regulators have focused almost entirely
on regulating lawyers. However, the crisis in access to legal services, a changing
lawyer demographic, shifting habits and expectations of legal consumers, and the
provision of traditional legal services by nonlawyer entities and individuals, as well
as the enormous role of technology in the profession are just a few of the realities
impacting the delivery of legal services in our country. Lawyers’ and legal regulators’
failure to recognize and meet emerging and evolving needs may allow others to step
in to provide both public access and protection.
Are there lessons to be learned from our counterparts around the world? A legal
services delivery market with multiple types of licensed legal professionals is already
here. Change is upon us--should we embrace it or circle the wagons and fight it?
Come join this interactive session about the future of legal services and how we can
be a part of shaping legal regulation in the best interest of the public. Let’s look at
some facts!
10:45am - 12:30pm
Current Developments
Panelists:
Linda Acevedo (TX)
Mark Armitage (MI)
Wendy Muchman (IL)
Maret Vessella (AZ)
This panel of bar counsel, each representing a geographic region within the United
States, will highlight significant legal decisions issued within the past six months in
various jurisdictions across the country that relate to attorney discipline, ethics, and
related topics.
2:00pm - 3:30pm
Concurrent I
Concurrent Sessions
Fran Bassios Memorial Management Program
Moderator: Panelists: Bob Hawley (CA)
James Coyle (CO)
William Slease (NM)
“Resourcing the Humans.” We return once again to a basic discussion of
Human Resource employment standards: how to hire and fire legally; disability
accommodations under the law; leaves of absence and the law; how to maintain
morale and reward performance; performance evaluations; the problem employee;
working remotely, law and reality; the next generation: social media, cell phones,
tattoos, piercings, and more. Bring your issues and join the discussion. As always,
we will also touch on technology, just to see how you all are doing on that front.
Concurrent II
Litigation Skills: Direct Examination
Moderator:
Panelists:
Charles Centinaro (NJ)
Mark Gifford (WY)
Wendy Muchman (IL)
Julia Porter (DC)
Scott Renfoe (IL)
A crisp direct examination can mean the difference between your “star witness”
shining in front of your fact-finder or fizzling out and leaving your case flat. Through
the use of a hypothetical set of facts, participants will “learn-by-doing” and develop
the direct examination of a key witness in a disciplinary case. Panel moderators will
provide useful instruction and tips on how to improve your direct examination skills.
Concurrent III
Appellate Practice
Moderator:
Panelists:
Fran Rosinski (MI)
Alan Gershel (MI)
Charles E. Mortimer (CO)
Just when you thought it was over, there is an appeal. This session will provide
useful instruction and tips on how to prepare, write, and argue the best appeal
possible, how to successfully defend against a respondent’s appeal, and how
to use inter-office mock oral arguments and brief review to enhance your appeal
presentation. The panel’s moderators will act as litigants and adjudicators in a
mock oral argument. There will be time to share ideas and troubleshoot your issues.
This session will provide valuable insight into succeeding on appeal.
3:45pm - 5:15pm
Virtual Law Practice Panel: The Rules and Tools in Play
Moderator:
Panelists:
Tammy Northrup (LA)
Dane S. Ciolino (Loyola University New Orleans School of Law)
Garrett P. LaBorde (LaBorde Legal Group)
Professor Ciolino will discuss the ethics and professionalism issues associated
with engaging in a virtual law practice, including issues relating to the unauthorized
practice of law, multijurisdictional practice of law, advertising, and the bona fide
office requirement. Mr. LaBorde will present key concepts of a “Virtual” and
“Remote” law practice, overview the leading technologies currently enabling
lawyers to remain virtually and remotely connected to clients, their firms and the
vital information and knowledge of each, and explore a few of the practice models
employing these tools.
6:00pm - 9:30pm
Thursday Networking Event
The Houston Club
Join us for music, food, dancing and networking at The Houston Club. Located
in the theater district, the Houston Club is located on 49th floor with breathtaking
views of downtown Houston. An easy walk to The Houston Club from the Crowne
Plaza Houston Downtown Hotel (.6 miles): Walk Northeast on Smith Street towards
Pease Street, turn onto Polk Street, then left onto Louisiana Street.
The Houston Club is located on the left side of the street at 910 Louisiana Street,
One Shell Plaza, Suite 4900.
Friday, February 6, 2015
6:45am
Fun Walk / Run
8:00am - 8:30am
Continental Breakfast
8:30am - 9:15am
Business Meeting
9:30am -10:30am
Roundtable Discussions
Roundtable (1)
Robert J. Saltzman Memorial Deputies Roundtable
Moderator:
Paul J. Burgoyne (PA)
The semi-annual meeting of the ‘second-in-command’ of each jurisdiction to
discuss issues of management, personnel and recent changes in the law and rules
related to the performance of their jobs.
Roundtable (2)
Litigation Skills: Opening Arguments
Moderators:
Panelists: Charles Centinaro (NJ)
Mark Gifford (WY)
Timothy McNamara (NJ)
Wendy Muchman (IL)
Julia Porter (DC)
William Slease (NM)
Is your fact-finder engaged or enraged? Opening statements are often the first
chance you have to “make your case,” so make it count. Through the use of a
hypothetical set of facts, participants will “learn-by-doing” and develop an effective
opening statement for a disciplinary case. Panel moderators will provide useful
instruction and tips on how to improve your “opening statements.”
Roundtable (3)
It’s Just Adding and Subtracting: Helping Lawyers Avoid Trust
Accounting Disasters and Prosecuting Them When They Don’t
Moderators:
Barbara Seymour (SC)
Margaret Brown Funk (CO)
Trust account mistakes and mismanagement commonly result in the most serious
disciplinary sanctions, yet neither traditional law school education nor apprenticestyle clerkships adequately prepare lawyers for the nuts and bolts of accounting
necessary to maintain the integrity of client funds. Incomprehensible bookkeeping
and a lack of adequate financial records can result in an impossible mess for
discipline counsel to untangle. In the first part of this session, participants will
explore various continuing education and remedial programs that can help fill the
gap between law school and the real world. In the second part, participants will be
introduced to tools that can help focus an investigation to efficiently and effectively
identify the defalcation, and adequately explain it to adjudicators without a full audit.
Participants will be encouraged to share ideas from their jurisdictions that they use
to help lawyers avoid trust account problems and to prosecute those who don’t.
10:45am -12:15pm
NCLDB/NOBC Joint Session - Perspectives on The Appropriate
Sanctions in Attorney Discipline Cases
Moderator:
Panelists: Dan Traynor (NCLDB-ND)
Don Campbell (APRL-MI)
Michael S. McGinniss (University of North Dakota School of Law)
Hon. Catherine Purcell (CA State Bar Court-NCLDB)
Jamie Sudler (CO)
A panel consisting of representatives of the adjudication, prosecution and defense
functions of attorney regulation will join with a law professor and a representative
of the ABA Center for Professional Responsibility to discuss their perspectives on
determining the appropriate sanction. The panel will discuss the application of the
ABA Standards for Imposing Lawyer Discipline, and address the decision-making
process in jurisdictions which have not adopted the Standards. The panel will
address hypotheticals and seek input from the audience for a lively educational
experience.
Saturday, February 7, 2015
8:00am - 9:00am
Continental Breakfast
9:00am - 10:30am
Handling Respondents’ Defenses in Disciplinary Cases
Moderator:
Panelists:
Jane Gagne (NM)
Lucian Pera (APRL-TN)
R. Burke McLemore, Jr. (Former Chair, D.Bd., PA Surpreme Court)
Panelists and attendees will discuss how to handle and respond to Respondents’
defenses, from the common to the constitutional. What Rules of Professional
Conduct commonly invoke a First Amendment defense, and what are the parameters
of the First Amendment? Under what circumstances is a Respondent’s claim that
he or she was denied due process valid? Does the Americans with Disabilities
Act apply in disciplinary proceedings and how to deal with it? When is a “defense”
actually a mitigating factor, and how is that distinction drawn for the fact-finder?
10:45am -11:45 am
Sane Lawyering: Building Hardiness in Lawyer Regulation Work
Panelists: Linda Albert (CoLAP-WI)
Terry Harrell (CoLAP-IN)
Day after day, the price you pay for the work that you do. What is the impact upon
us as human beings? How does continual exposure to other peoples’ difficult life
events and working within a system where demands outweigh resources affect your
sleep, appetite, moods, and physical well-being? This program will look at the
research on legal professionals; how they may be impacted by the work they do;
and, best practices for prevention and mitigation of burnout, illness, and stressrelated problems.
I. Defining burnout and secondary traumatic stress. What is it? How does it
play out?
II. What puts lawyer regulation professionals at risk?
III. Development of secondary traumatic stress; the brain keeps the score.
IV. Explore the interface between ethical violations and secondary traumatic
stress.
V. Mitigating secondary traumatic stress; what is the formula for maintaining
your fitness to practice?
11:45am -12:00pm
Resolutions & Close Meeting
NOBC Mid-Year Meeting Registration Form
February 4 - 7, 2015
The Crowne Plaza Houston Downtown
1700 Smith St
Houston, TX 77002
Phone: (713) 739-8800
Registration also available at www.NOBC.org
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Wednesday Reception, and Thursday Networking
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PLEASE SEND COMPLETED REGISTRATION FORM AND PAYMENT TO:
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Phone: 630-617-5153 Fax: 630-563-9181
Jointly Sponsored by NOBC and DC Bar