Bar Leadership InstituteBar Leadership Institute

““Trends You CanTrends You Can’’t Afford t Afford To MissTo Miss””

Fred Fred UryUry, Past, Past--President of the President of the Connecticut Bar Association & Connecticut Bar Association & member of member of NCBPNCBP’’ss executive councilexecutive council

Thomas Lyons, PastThomas Lyons, Past--President of the President of the Rhode Island Bar Association & Rhode Island Bar Association & member of member of NCBPNCBP’’ss executive councilexecutive council

DemographicsDemographics

Approximately 55 percent of lawyers nationally Approximately 55 percent of lawyers nationally are baby boomers, the oldest of whom are are baby boomers, the oldest of whom are reaching retirement agereaching retirement age

Fewer lawyers are coming into the profession Fewer lawyers are coming into the profession than are approaching retirement agethan are approaching retirement age

Bar Associations may have to plan for reduced Bar Associations may have to plan for reduced membershipsmemberships

Vermont Bar AssociationVermont Bar Association

0

100

200

300

400

500

600

700

20-29

30-39

40-49

50-59

60-69

70-79

80-89

Members

Nevada Bar DemographicsNevada Bar Demographics

0

500

1000

1500

2000

2500

25-34

35-44

45-54

55-64

65-74

75-84

85+

Members

Senior Planning StrategiesSenior Planning Strategies

Retirement PlanningRetirement Planning

Senior DisciplineSenior Discipline

Joint Committee on Aging LawyersJoint Committee on Aging Lawyers--Final ReportFinal Report

Legal Education & Law School DebtLegal Education & Law School Debt

After several years of decline, law school After several years of decline, law school enrollments increased slightly last yearenrollments increased slightly last yearFemale enrollments are decliningFemale enrollments are decliningMinority enrollments appear to be decliningMinority enrollments appear to be decliningLaw school tuitions up 267 percent since 1990Law school tuitions up 267 percent since 1990Starting salaries up 60 percent since 1990Starting salaries up 60 percent since 1990Graduates of private law schools have debts of Graduates of private law schools have debts of about $80,000 or more, not including about $80,000 or more, not including undergraduate debtundergraduate debt

Career MobilityCareer Mobility

1 in four workers have been on the same job for 1 in four workers have been on the same job for one year one year

1 in 2 less than 5 years1 in 2 less than 5 years

TodayToday’’s graduates will hold 10s graduates will hold 10--14 jobs by their 14 jobs by their 38th birthday 38th birthday

““Did You KnowDid You Know””-- YouTubeYouTube

Leadership Development Among Leadership Development Among Young LawyersYoung Lawyers

Many bar associations have difficulty getting Many bar associations have difficulty getting young lawyers involved young lawyers involved

Make a direct, personal invitation to young Make a direct, personal invitation to young lawyers lawyers

Get them involved in a shortGet them involved in a short--term, discrete term, discrete projectproject

Technology & The Economics of the Technology & The Economics of the PracticePractice

www.legaladviceline.comwww.legaladviceline.comwww.legalzoom.comwww.legalzoom.comwww.elawforum.comwww.elawforum.comwww.legalpath.comwww.legalpath.comwww.completecase.comwww.completecase.comwww.titleBPO.comwww.titleBPO.comwww.cybersettle.comwww.cybersettle.comwww.charlierobinsonfuturist.comwww.charlierobinsonfuturist.com

More than 50% of U.S. 21 year olds have More than 50% of U.S. 21 year olds have created content on the web created content on the web 70%70% of 4year olds have used a computer of 4year olds have used a computer December 1992 first commercial text message December 1992 first commercial text message Today alone they exceed the population of the Today alone they exceed the population of the planet planet TodayToday--information doubling every 2 years information doubling every 2 years Predicted that by 2010Predicted that by 2010 information could information could double every 72 hours double every 72 hours

Will Technology Make Bar Will Technology Make Bar Associations Obsolete?Associations Obsolete?

What do bar associations provide that members What do bar associations provide that members cannot get oncannot get on--line through line through FacebookFacebook, , LinkedInLinkedInor some other similar networking or educational or some other similar networking or educational media?media?Why will younger lawyers in particular Why will younger lawyers in particular participate in organized bar activities if they can participate in organized bar activities if they can get the same benefits elsewhere?get the same benefits elsewhere?

Globalization and MultiGlobalization and Multi--Jurisdictional Jurisdictional PracticePractice

1 Million Lawyers in India Willing to Work for 1 Million Lawyers in India Willing to Work for $6$6--12/hour12/hourIndian Lawyers Are Trained in the Common Indian Lawyers Are Trained in the Common Law Law They Speak EnglishThey Speak EnglishThe Internet Connects Them Directly To You The Internet Connects Them Directly To You and Your Clients and Your Clients Some Clients Insist on Outsourcing to Save Some Clients Insist on Outsourcing to Save CostsCosts

MJP and GATSMJP and GATS

Changes in the rules of multiChanges in the rules of multi--jurisdictional jurisdictional practice and the proposed General Agreement practice and the proposed General Agreement on Trade in Services (GATS) would make it on Trade in Services (GATS) would make it much easier for lawyers to practice across much easier for lawyers to practice across national boundariesnational boundaries

New proposed model rules for New proposed model rules for ““fly infly in--fly outfly out””lawyers and foreign legal consultantslawyers and foreign legal consultants

CNNCNN--October 2005October 2005

40,400 lawyers jobs to India by 201540,400 lawyers jobs to India by 2015

Demographic Changes Could Mean that Demographic Changes Could Mean that Outsourcing May Not Be an Economic ThreatOutsourcing May Not Be an Economic Threat--It May Be an Economic NecessityIt May Be an Economic Necessity

Your affordable associate or paralegal may be in Your affordable associate or paralegal may be in MumbaiMumbai

Will that associate become a member of your Will that associate become a member of your bar association?bar association?

Independence of the Bench and BarIndependence of the Bench and Bar

Legislation filed in several states to remove Legislation filed in several states to remove jurisdiction over lawyer regulation from the jurisdiction over lawyer regulation from the judicial branchjudicial branch

Judicial elections are more partisan, more Judicial elections are more partisan, more expensiveexpensive

J.A.I.L. 4 JudgesJ.A.I.L. 4 Judges

Unauthorized Practice of Law & Legal AdvertisingUnauthorized Practice of Law & Legal Advertising

Recent bar efforts to control attorney Recent bar efforts to control attorney advertising and litigation in New York and advertising and litigation in New York and Florida respecting those effortsFlorida respecting those effortsAlexander v. CahillAlexander v. Cahill, 2007 WL 2120024 , 2007 WL 2120024 (N.D.N.Y. 2007)(N.D.N.Y. 2007)Florida has just enacted new rules on lawyer Florida has just enacted new rules on lawyer advertising which continue the ban on the use of advertising which continue the ban on the use of celebritiescelebritiesGould v. Florida BarGould v. Florida Bar, 2007 WL 4403556 (11, 2007 WL 4403556 (11thth

Cir. 2007)Cir. 2007)

Nebraska enacted new rules on the unauthorized Nebraska enacted new rules on the unauthorized practice of law by practice of law by ““notariosnotarios””

In re In re ReynosoReynoso, 477 F.3d 1117 (9, 477 F.3d 1117 (9thth Cir. 2007)Cir. 2007)

December 2001 opinion by the Ohio Board of December 2001 opinion by the Ohio Board of Commissioners of the Unauthorized Practice of Commissioners of the Unauthorized Practice of Law re legal websitesLaw re legal websites

Federal Trade Commission, Maureen Federal Trade Commission, Maureen OhlhausenOhlhausen, Office of Policy Planning, Office of Policy Planning

The Paucity of LawyerThe Paucity of Lawyer--LegislatorsLegislators

Historically, the number of lawyers in Historically, the number of lawyers in legislatures had been declininglegislatures had been declining

However, according to a survey recently However, according to a survey recently published in the WSJ, 42% of law school published in the WSJ, 42% of law school applicants said they would applicants said they would ““definitelydefinitely”” or or ““probablyprobably”” consider a political run consider a political run

Challenges to the AttorneyChallenges to the Attorney--Client Client PrivilegePrivilege

Federal regulatory agency policies that Federal regulatory agency policies that undermine privilege by pressing organizations to undermine privilege by pressing organizations to waive privilege in order to receive credit for waive privilege in order to receive credit for being cooperative during investigations.being cooperative during investigations.

Challenges to the attorneyChallenges to the attorney--client privilege and client privilege and the work product doctrinethe work product doctrine

Handling Political Issues & Handling Political Issues & KellerKeller

Keller v. State Bar of CaliforniaKeller v. State Bar of California, 496 U.S. 1 , 496 U.S. 1 (1990)(1990)Applies to mandatory/unified barsApplies to mandatory/unified barsHolds that unified bars are like labor unions in Holds that unified bars are like labor unions in that members cannot be compelled to pay dues that members cannot be compelled to pay dues for political activities not germane to the barfor political activities not germane to the bar’’s s purposepurposeBars that engage in political activities must Bars that engage in political activities must establish a procedure for rebating duesestablish a procedure for rebating dues

““The Kitchen SinkThe Kitchen Sink””Retreats for Small firmRetreats for Small firm--Solo LawyersSolo LawyersBenchBench--Bar Strategic PlanningBar Strategic Planning$4.00 per gallon gasoline affects $4.00 per gallon gasoline affects

meeting attendancemeeting attendanceCivility and Professional Civility and Professional DiversityDiversity

What Can Bar Leaders Do?What Can Bar Leaders Do?

Be aware of fastBe aware of fast--paced developments; paced developments; ““If youIf you’’re re not on the train, you might be on the tracks.not on the train, you might be on the tracks.””

Alert members to issues through presidentAlert members to issues through president’’s s messages, speeches, etc.messages, speeches, etc.

Refer issues to committees for study and Refer issues to committees for study and recommendationsrecommendations

Recommend that law firms consider how these changes Recommend that law firms consider how these changes affect themaffect them

Help lawyers and bar associations plan for future Help lawyers and bar associations plan for future changeschanges

Coordinate with other organizations, law schools or bar Coordinate with other organizations, law schools or bar associations to learn and to save costsassociations to learn and to save costs

Identify your organizationIdentify your organization’’s strengths and weakness. s strengths and weakness. Build on the strength and either fix or dump Build on the strength and either fix or dump (outsource) the weaknesses(outsource) the weaknesses

Consider whether your bar association should be Consider whether your bar association should be providing retirement planning for members or providing retirement planning for members or coordinating with someone who doescoordinating with someone who does

Do not let these issues slide to whomever will Do not let these issues slide to whomever will succeed you. At least, start to process to succeed you. At least, start to process to consider them.consider them.

Resources from the Division for Bar ServicesResources from the Division for Bar Services

http://www.abanet.org/barserv/resourcepages/fuhttp://www.abanet.org/barserv/resourcepages/futureprofession.shtmltureprofession.shtml

http://http://www.abanet.org/barserv/issuesupdate/howww.abanet.org/barserv/issuesupdate/home.shtmlme.shtml

Fred Fred UryUryfred@urymoskow.comfred@urymoskow.com

Tom Lyons Tom Lyons tlyons@straussfactor.comtlyons@straussfactor.com