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

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

ABA Entities Membership Statistics
                (as of January 31, 2009)
  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
   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




                      410            315

       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


      Governing Committee                    Other Committees

                                               • Division Chairs
                                               • Membership
Division   Division   Division    Division     • Publications
                                               • SPEC
                                               • Technology
                                               • Various others at Chairs
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

Division Chair Goals
• Be an active member of the Division Chairs
•   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

Topical Focus & In-house Counsel
Typical activities
  •Participate in Division Chairs Committee activities and
  •Identify / develop program ideas, provide support for
  • 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
• Business meeting
  – Review accomplishments
  – Plan for coming year; generate enthusiasm
• Educational program
  – Outside speaker vs. division member
Division Activities
• List Serve of Membership;
  –ci-div3-sc or ci-div3-membership

•Survey members
  – Seek volunteers for projects
  – Hot topics
  – Involve and enthuse membership
  – Focus some attention on Young Lawyers
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

Running Steering Committee

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

How Are Division Appointments
• 3 GC members appointed to Division Selection
•   Work begins in Fall, focus first on Division Chair
•   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

How Are Division Appointments
• 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

Leadership Information

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

Standing Committees

• Publications
• Membership
• Technology
• Division Chairs

Each Division to have a liaison to each
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

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
Membership – Initiatives

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

• First time attendee breakfast

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

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

SPEC Committee

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

        Governing Committee
• 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

Governing Committee
• 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

• 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

• 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


• 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

• Goals
  – Primary: Educate Forum Members
  – Secondary: Educate others
• Programs should be sufficiently topical to
  ensure programs break even or make
• 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

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!

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

Publications - Books

• Work closely with Pubs liaison to develop
• 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


 • 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 –
• Of interest to construction lawyers
• Source – divisions, individuals
• Ideas developed through publications
   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

Forum Brand Key to Success

• Programs
• Publications
• People

• Highest Quality and Integrity


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