American Bar Association ABA Forum on the Construction Industry

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					          American Bar Association
  ABA Forum on the Construction Industry




Division Chair Orientation
            Friday, April 10, 2009




         2009 Forum Planning
             Via conference call
               ABA



Sections     Divisions      Forums
(Topical)   (Demographic)   (Topical)



                                    SF#841713
ABA Entities Membership Statistics
                (as of January 31, 2009)
                                            Total
  Rank   Forums, Sections, Divisions       Members
   1     Young Lawyers Division            149,204
   2     Litigation                        67,654
   3     Business Law                      57,810
   4     Tort & Insurance Practice         29,435
   19    Public Contract Law               10,958
   28    CONSTRUCTION INDUSTRY FORUM        6,619
   30    Forum on Entertainment & Sports    4,144
ABA Entities Membership Statistics
                  (as of February, 2008)
                                           Total Lawyer
  Rank   Forums, Sections, Divisions         Members
   1     Litigation                          51,710
   2     Business Law                        39,363
   4     Tort & Insurance Practice           20,944
   14    Dispute Resolution                   7,893
   20    CONSTRUCTION INDUSTRY FORUM          5,455
   23    Public Contract Law                  4,276
   32    Air & Space Forum                    1,027
       Membership Statistics
                   As of 4/07
6000
        5,894
5000

4000

3000

2000

1000
                      410            315

   0
       Lawyers     Associates    Law Students

                 Total – 6,619
Forum Mission Statement:

    “Serving the Construction
  Industry through Education,
  Leadership and Fellowship of
     Construction Lawyers”
            Focus on quality
      Forum On The Construction Industry

                                 Officers



      Governing Committee                    Other Committees

                                               • Division Chairs
                                               • Membership
Division   Division   Division    Division     • Publications
                                               • SPEC
                                               • Technology
                                               • Various others at Chairs
                                               discretion
Forum Org Chart
 • Officers
     • Chair
     • Immediate Past Chair
     •   Chair Elect

    Qualifications
        At least one year on Governing Committee

      Chair Elect recommended by Nominating
     Committee, Forum members vote at Annual Meeting
Forum Org Chart
• Officers
• Governing Committee
    Officers
               12 At-Large Members
              3 Year Terms
              Nominating Committee recommends, Forum members
               vote at Annual Meeting. (Typically self-nomination)
    Qualifications – Significant Service To
     Forum but generally foundation criteria is that the individual
     has been a Division Chair or Journal Editor and has been a
     Program Chair/Co-chair
Forum Org Chart
 • Officers
 • Governing Committee
 • Division Chairs
   Typically Two-Year Term
       Selected From Division Steering Committee
       Division Selection Committee
      recommendation to Governing Committee for
      approval and appointment
     Forum Org Chart
• Officers
• Governing Committee
• Division Chairs
• Division Steering Committees
      5 to 9 members
      No set term, but typically 2-5 years
      Division Selection Committee recommendation
     with input from Division Chair to the Governing
     Committee for approval and appointment
Forum Planning for the Future
• Planning Retreats
• Strategic Plan
• Implementation of Strategic Plan
• Planning for Programs
• Planning for Publications
• Planning to serve the Membership

                                     12
Division Chair Goals
• Be an active member of the Division Chairs
    Committee.
•   Encourage participation of Division members in
    Forum activities Increase Division membership
•   Plan outstanding Division breakfasts
•   Promote ideas for publications and programs
•   Support and participate in programs
•   Provide program and book ideas

                                                     13
Divisions
Topical Focus & In-house Counsel
Typical activities
  •Participate in Division Chairs Committee activities and
  teleconferences
  •Identify / develop program ideas, provide support for
  programs
  • Develop articles for Construction Lawyer /
   Under Construction
  • Develop & circulate “Hot Tips”
  • Develop book concepts
  • Participate in membership activities
  • Ghost write articles and “cat herd” program speakers
Division Activities
Annual Meeting – Division Breakfasts
• Best opportunity to interact with Division
  membership
• Business meeting
  – Review accomplishments
  – Plan for coming year; generate enthusiasm
• Educational program
  – Outside speaker vs. division member
                                                15
Division Activities
Communication
• List Serve of Membership;
  –ci-div3-sc or ci-div3-membership @mail.abanet.org

•Survey members
  – Seek volunteers for projects
  – Hot topics
  – Involve and enthuse membership
  – Focus some attention on Young Lawyers
                                                       16
Running Steering Committee
•   Steering Committee Meetings
    –   One to two face-to-face meeting per year
         (1 is partially reimbursed)
    – Strongly recommend Fall retreat
    – Monthly teleconferences
        •    consider inviting all division members to
            participate


                                                         17
Running Steering Committee

• Working Group
  – Why do?
  – Who and how many to involve?
  – Are they reimbursed?
  – How to manage them?


                                   18
How Are Division Appointments
Made?
• 3 GC members appointed to Division Selection
    Committee
•   Work begins in Fall, focus first on Division Chair
    selection
•   Appointments Recommended to GC usually at
    Mid Winter or soon after (used to be later)
•   Appointments of steering committee members
    made by Annual Meeting, possibly as late as
    Annual Retreat

                                                         19
How Are Division Appointments
Made?
• Division Chairs have significant input into
    selection of next division chair as well as
    decision of steering committee members to be
    added and deleted
•   Talk directly with Division Selection Committee
•   Proactively manage the process with your
    working group
•   Think about your successor(s) and have honest
    discussions with them

                                                      20
Leadership Information

• Details provided at the Retreat
• Leadership section of website important
• Read it!
• Identified procedures for programs, books
  and publications
• Policies regarding reimbursement

                                          21
Standing Committees

• Publications
• Membership
• Technology
• SPEC
• Division Chairs

Each Division to have a liaison to each
                                          22
Publications Committee

• Construction Lawyer
• Under Construction
• All books recommendation to GC
• Identifies editors and authors
• Manages publication schedule
• Works with ABA Pubs to market books

                                        23
Membership Committee
• General coordination of membership
  activities for the Forum
• Specific Division activities to be consistent
  with overall recruiting and retention effort
• Provides information on demographics for
  development of efforts to better serve
  existing and new Forum members
• Diversity initiatives and Fellowship awards
                                              24
Membership – Initiatives

• Survey of existing members
• Outreach to non-members
• Mentoring for new and newly active
  members

• First time attendee breakfast

                                       25
Technology Committee

• All technology needs of Forum including
  consultants, WI-FI stations, audio/video
• Special projects
  – Knowledge base
  – Consultants directory
• Raw production of video products


                                             26
Technology
Developing New Ways To Serve Our Members

Dave Owen, Consultant
• Initiatives
      Coordination / standardization of visual presentations
      Produce program CD’s
      Electronic Library
      Maintain Web Page
      Develop Web Boards



                                                         27
SPEC Committee

• Special Programs and Educational CLE
• Teleconferences
• Video products
• Regional programs




                                         28
        Governing Committee
          Communication
• 4 Governing Committee Meetings each
  year; fall, midwinter, annual, retreat
• 3-4 conference calls
• Division Chairs Committee representative
• Currently each Division has a GC member
  assigned to them by the Chair as added
  liaison between the Divisions and GC

                                             29
Governing Committee
Communication
• How to Get Your Questions Answered
  – Chair of the Division Chairs Committee
  – Assigned GC Liaison
  – Specific Committee Chairs
  – Chair Elect for future programs
  – Chair for current “bar year” operations
  – Im. Past Chair for budget & reimbursement
  – ABA Manager for general support

                                                30
Programs
• Everyone asks- How are program topics decided
    and how are program chairs picked?
•   Day Chair Elect is appointed at Mid Winter
    meeting is day program topics and program
    chairs begin to be developed
•   Sometimes they have their own ideas for
    programs, sometimes they take other ideas
•   So how can you manage that process to be
    included?

                                                 31
Programs
• Remind Chair Elect immediately after Mid Winter
    meeting of your Division’s program ideas set
    forth in your Annual Report from last June and
    updated at your Division’s Fall Planning Retreat
•   Identify potential program chairs from your
    committee, including yourself if appropriate
•   If you do significant development of the
    program before getting Chair Elect approval, you
    risk it not being approved
•   Be ready to develop program quickly once Chair
    Elect gives you initial approval

                                                  32
Programs

• If you don’t want or haven’t been
  approved for a program, obtain from Chair
  Elect the topics of the meetings
• Identify possible workshops or plenary
  sessions that your division could support
  with speakers or ghost authors



                                          33
Programming
• Goals
  – Primary: Educate Forum Members
  – Secondary: Educate others
• Programs should be sufficiently topical to
  ensure programs break even or make
     profit
Programming
• Planned 1-2 Years In Advance
• Current Meetings:
  Fall:       1-1/2 Days
  Winter:      1-Day stand alone or with TIPS
            Fidelity and Surety Comm. or others
  Annual:      2-Day or 1 full day, 2 half days
  Teleconferences: 4-5 Times per Year
  Regional: Fundamentals/Sticks & Bricks/THE
  Construction Contracts – 1-Day / 5-8 Cities
Programming Themes
 Fall –      Stand-alone program; Tends to have
                  specialized focus
            Planned for smallest attendance of “Big 3” Meetings

 Winter –    Tends to have Surety / Ins. Focus


 Annual –    Broadest Base
            Involvement of Divisions
            Division Breakfast Meetings

 Teleconferences - Hot topics: Construction Ind.
 Regional – Very Focused, Very Small, 1 Day Max.
Programming Ideas

• Chosen by Chair-Elect for year as Chair
      Suggestions from Divisions
      Refinement with G.C. Liaison & Program Chair(s)
      Critique by Governing Committee
• Overarching Concerns
      Quality
      Timeliness
      Financial Risk
Program Speaker Selection
• Criteria
      Quality
      Knowledge of Subject Matter
      Diversity
      Vetting by G.C.
      Avoid Over-Exposure (of individuals & Firms)
      Ability / Willingness to produce paper
      Willingness to commit to quality
         papers far in advance
         rehearsals often required
Publications - Articles
• New concepts and ideas book assembled by
    Division Chairs Committee
•   Website provides protocol for submissions
•   Articles, books, and program development come
    with “risk” of frustration but more opportunities
    than ever
•   Your job is to manage the risk to ensure success
•   Manage risk by establishing topics that will likely
    be published or used in programs, and ensure
    timely and high quality development

                                                      39
Publications - Articles
  – Make sure there is a Division liaison to the
    Publications Committee
  – Communicate with Pubs Chair & Editors
  – Determine topics for upcoming publications
  – Determine backlog of articles
  – Plan 3-9 months ahead in your steering
    committee meeting, and set dates
  – Editors have drop dead dates!

                                                   40
Publications - Books

• Communicate with GC Liaison or Pubs
  Chair about backlog
• Publish 2-3 per year, with at least 1 to 2
  years of backlog
• Create book ideas, provide to Pubs Chair
• Pubs Committee meets during national
  meetings and retreat

                                               41
Publications - Books

• Work closely with Pubs liaison to develop
  outline
• The liaison is your advocate in the Pubs
  committee for getting the book approved
• Once approved, get it written in
  accordance with deadlines, otherwise
  other books will take its place

                                              42
Publications

 • Construction Lawyer - 4x/yr.
 • Under Construction - 3x/yr.
 • Books-2-3 per year
Publications –
The Construction Lawyer

John Ralls – Editor
• “Law Journal” quality, footnoted articles
• Length: 15 – 20 pages, double spaced
• Submission Deadlines - ~Aug, Nov, Feb, May
• Articles of nationwide interest
• Check Index on Web for prior coverage
Publications –
Under Construction

Jeff Cruz – Editor
• Newsletter format
• Less formal, more practical articles
• Updates on coming events
• Future publications electronic only
Publications –
Books
• Of interest to construction lawyers
• Source – divisions, individuals
• Ideas developed through publications
 committee
   Approval of Governing Committee
   Planning, publication, marketing assistance
     from ABA press
Relationship with Other Entities

• ABA entities – FSLC, Litigation Section,
  Affordable Housing
• ACE program
• AGC, AIA, and others




                                             47
Forum Brand Key to Success

• Programs
• Publications
• People

• Highest Quality and Integrity


                                  48

				
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