Montreal, Canada Tab 3 by fsb96139


									TAB 3
                     ABA Real Property Trust & Estate Law Section
                                 Membership Committee
              Meeting Agenda for November 7, 2008 – Hotel Sofitel, Montreal
                                8:00 – 9:30 (Membership)
                        9:45 – 10:15 (Membership and Diversity)


1.    Volunteer to Take Minutes; Approve Minutes of August 21, 2008 Meeting          Tab 3a
2.    Introduction of Members, Fellows, Liaisons and Guests
3.    Overview of ABA Membership Developments                                        Tab 3b
4.    Liaison Reports                                                                Tab 3c
5.    Strategic Planning                                                             Tab 3d
      See various attachments, including current strategic plan, 2004 Section survey, current
      annual tactics, marketing strategy article from ABA, sample section tactics from ABA,
      Business Law Section strategy (2 pieces)
      This will be the largest part of our agenda and will determine areas that will require
      further development in task forces. Please be prepared to volunteer for task forces.
6.    Old Business
7.    New Business
Membership and Diversity:
1.    Further Introductions
2.    Diversity and Membership Strategic Planning

Membership Committee
Future 2008-09 Calls/Meetings

November 20, 2008
December 18, 2008
January 15, 2009
February 19, 2009
March 19, 2009
No April meeting
May 2, 2009 at Spring Meeting
May 21, 2009
June 18, 2009
July 16, 2009
                         ABA RPTE Membership Committee Meeting Minutes

                                             August 21, 2008

In Attendance: Steve Gorin (co-chair), Chris Hanback (co-chair), Jack Fersko, Arnettia Wright, Marjorie
Bardwell, Jo Ann Engelhardt, Kathleen Law, Beth Ann Lawson, Jim Spratt, Liz Ochoa, Ben Martie,
Jasleen Anand, Amy Heller, Katya Gill, Lila Shapiro Cyr, Katie Williams, Suzanne Luna, Donald West,
Carol Ann Martinelli, Rana Salti, and Marianne Kayan

Steve Gorin led the meeting, unless otherwise noted.

    1. Minutes of the June Membership Committee Meeting were approved.
    2. Introduction of the Membership Committee’s programs and goals to new Membership
       Committee members:
           a. Guide Program. Volunteers connect individuals with committee chairs to get individuals
               involved in the Section. The volunteers have a short-term commitment to the guide
               program. Amanda administers the guide program. Suggest the guide program to
               individuals who want to get involved in the Section.
           b. Young Lawyers Network. Liz Ochoa is the chair, and her vice chairs are Jasleen Anand
               and Rana Salti. The goal is to get young lawyers involved substantively. Anyone under
               age 35 or with less than 10 years of practice is eligible for the Young Lawyers Network.
               The Young Lawyers Network also sponsors the Dine Around and networking receptions
               at meetings.
           c. The Membership Committee partners with the Diversity Committee, especially at
           d. Profiles in Leadership. Stephanie Smith is in charge of these profiles of Section members.
               She strives for diversity among those that are profiled. If you know of someone good to
               be profiled, you should make your recommendation to Stephanie.
           e. Goals of the Membership Committee:
                    i. Attract Less Experienced/Newer Attorneys: In the ABA, new bar members
                        receive one year of free membership. How can we attract these members to our
                            1. We can produce materials for the Young Lawyers Division, such as
                                supporting the Practice 101 and 201 series.
                            2. We run the Fellows Program, which is chaired by Hugh Drake. Each
                                year 6 individuals are appointed for a two year terms. Half of those
                                appointed are RP focused attorneys and the other half are TE focused
                                attorneys. At least half of the fellows are to be diversity candidates. The
                                work plan for fellows is due in December. The fellows have committee
                                chairs to get them involved in substantive committee work and mentors
                                to help acclimate them to the Section and work on any issues that might
                                arise regarding committee participation. The fellows receive a $2K
                                expense reimbursement each year. Fellows also are expected to
                                participate in the Membership Committee. A goal is that at the end of
                               the fellowship program a fellow will be appointed as a vice chair of a
                               substantive committee.
                  ii. Attract Passive Members in the ABA: Many ABA members are not members of
                      any sections. What kinds of programs can we do to attract these passive
                      members? We need to involve ABA staff in developing these strategies.
                 iii. Attract Law Students. Law Students are charged $5 to be Section members,
                      which is much lower than the actual costs. Law Students are charged nominal
                      fees for telephone and eCLEs. Law Students may attend the Spring Symposia for
                      free. The poster sent out to law schools is a method for encouraging law student
                      involvement. The posters are distributed in the fall. Law students may also access
                      the Section’s website. If there are ideas for improving the website, Amanda is in
                      charge of the website.
                 iv. Attract More Experienced Attorneys (discussion led by Chris Hanback). A few
                      years ago the Section contacted the managing partners of law firms to encourage
                      attorneys to get involved. If this were done at the group/committee level, it may
                      be more effective. The key is that a personal invitation directly to the targeted
                      individual is essential. How can we tap the right individuals? Should group chairs
                      reach out? Are membership and networking events the right forum? People need
                      to see networking opportunities. The networking opportunities are even more
                      important since many firms are not paying ABA dues. Group conference calls
                      seem to be an important key for attracting more experienced attorneys.
   3. The next meeting will be September 18th at the same time [later cancelled]. At this meeting we
      will determine the agenda for the Fall Leadership Meeting.

Respectfully submitted,

Marianne Kayan
                                    ABA Section of Business Law
                              2008-2009 Membership Development Plan

Membership year 2007-2008 was a success for the Section. The combination of a renewed pipeline of
young lawyers, effective committee recruitment, and the launch of our Global Business Law Conference
has brought the Section back to a level of membership that should be reasonably expected.

                     2003/08/31   2004/08/31    2005/08/31   2006/08/31   2007/08/31      2008/08/31
Associate Members         1,334         1,296        1,277        1,398          1,445          1,523
Lawyer Members           47,383        45,387       44,236      42,617          41,589         43,702
Student Members          18,141        16,123        6,744        7,823         14,579         15,303

The goal for the Section in the coming year is to harness the energy of these successful programs and use
them more effectively and creatively to engage our membership and continue the growth of the Section.

At the same time, the Section should look at new membership initiatives that are supportive of the
Section’s mission and goals, especially those specifically addressed in the report from Advance III and
the subsequent three year Business Plan.. Mid-size and large firms are a staple of the Section and the
primary practice setting for our membership. Of all substantive Sections, our Section enjoys the greatest
participation by law school faculty. Large numbers of professionals, lawyers and non-lawyers alike, play
an active role in today’s complex financial transactions and share many of the same concerns and needs
as our members. Outreach and involvement of audiences such as these promotes a more fulsome
membership growth that supports the Section’s bottom line and brings new strengths to our ongoing

Committee Focused Recruitment

Goal: Recruit Section members into committees to improve retention and lure non-Section members into
the Section as a requisite for committee involvement.

History:, 11 campaigns limited to current Section members and ABA members with relevant areas of
concentration garnered 3,000 committee sign-ups and 400 new Section members.

Plan: Expand campaign to include major committees not included in the first year (Banking Law,
Commercial Finance, and FedReg) and any other committee that would like to work with staff to develop
a campaign. Develop effective mechanisms to incorporate non-ABA audiences into these campaigns
through committee affiliations with outside organizations. Where possible and compelling, develop
campaigns that reach and appeal to associate members in financial service industries. Establish recurring
schedule for any participating committees. Target government attorneys on campaigns for committees
with a substantial interest in the regulation of securities and finance.

ROI Metrics: Retention rate among committee members, number of committee memberships and Section
memberships from program. Increased committee and Section membership among targeted practice
settings and audiences.

*NOTE – The Committee on Corporate Counsel was part of this campaign, recruiting 110 members to the
committee with 40 new Section members. Going forward, this particular campaign will be enhanced with
additional content and expanded to occur twice yearly to increase our outreach to in-house counsel.
Distribution will be expanded to include large legal departments whenever possible, particularly if a
campaign or content can be targeted to a particular industry.

International Membership Campaign

Mission: Increase membership among non-US attorneys and US attorneys practicing abroad in firms and
corporate legal departments.
History: Our program in Frankfurt attracted 22 new members to the Section. After a significant drop in
international membership in February, reinstatement and recruitment efforts have membership at a five
year high with 2,300 associate and lawyer members residing outside the United States.

Plan: Use programs planned for Hong Kong and London as the foundation for membership outreach in
Europe and Asia, incorporating membership messages in all promotion and including Section
membership in registration fees. Work with the Committee on International Business Law to develop an
e-newsletter, increase the presence of trans-national content in all Section publications, and utilize both of
these to attract new international members.

ROI Metrics: Overall international membership, readership of international publications, GBL
conference registration

Young Lawyer Outreach

Goal: Attract and retain young lawyers as members in the Section, playing a role in their development as
business law practitioners and ensuring a foundation for ongoing membership development and pipeline
for Section leadership.

History: After a three year slide in young lawyer membership accountable to the dramatic drop off in law
student members, young lawyer membership is increasing as law student members have returned en
masse to the Section.

Plan: Identify key substantive committees that are active and willing to engage young lawyers and
conduct a committee recruitment campaign built around those committees, targeted at young lawyers.
Educate young lawyers to key Section subject areas and acquire areas of concentration. Closely follow
ABA efforts regarding YLD membership plan, particularly section-included models. Develop new
strategies and campaigns to encourage the use of Section resources by student members to foster

ROI Metrics: Dues class 1,3 and 5 totals and growth.

Midsize and Large Law Firms

Goal: Increase penetration and participation by firms in the ABA Group Billing Program

History: We currently have 12,670 members from 1200 firms participating in the ABA group billing
program. With the launch of the flat rate firm pricing program, the Section independently used its
members in firms entering the program to promote section membership. This campaign was successful,
bringing in nearly 600 members from the 35 firms in the program. It is interesting to note that our
penetration in flat rate firms is 20 members per firm, while our penetration in regular group billing firms
is half that.

Plan for 2008: Use ABA and Section market research targeted on the law firm market to craft specific
benefits messages and a marketing platform targeted at attorneys in firms over 200 attorneys.. Follow
developments at the ABA level to promote special Section pricing for firms in the flat rate program and
participate actively in any campaign that develops.

Law Student Retention and Engagement

Goal: Increase the level at which law student members are engaged and raise their perception of the value
of the Section’s member benefits, leading to increased retention of law student transfer members who
transition to lawyer membership in the Section upon bar passage.
History: Of all substantive sections, our Section enjoys the largest number of law school faculty
members. These members are extremely engaged in the work of the Section committees, and over 25%
receive financial support from the Section to support their participation. Since returning to waived law
student dues, Section law student enrollment has returned to the expected level of 15,000 and will likely
increase this year. We know little about these students as they seldom provide AOC information and
rarely enroll in any committees. The Section provides a waiver of registration fee for any law student
member attending Section meetings.

Plan: Develop and promote a faculty portal that will support law school faculty members wishing to
share Section content with their students. Information on this portal will include general Section
information, committee descriptions and enrollment options, program materials, publication links and
other materials deemed useful and pertinent to law students. This portal will also be promoted to law
school and law firm librarians, to assist students at school and in internships in their research of business
law topics.

Work with the Law Student Division Liaison and local school reps and faculty at the schools in the
geographic area of any Section meeting to promote student participation at the meeting. At the meeting,
provide opportunities for students to participate in sessions and committee meetings, enroll all students
attending the meeting in at least one committee, and provide opportunities for students to meet and
network with meeting attendees.

ROI Metrics: Webstats on materials usage by law students, law student registration at Section meetings,
law student enrollment on committees, law student transfer retention rate.
                                                     ABA Section of Real Property, Trust and Estate Law
                                                   Cumulative Membership Summary -- By Membership Type

Lawyers                       ABA Dues+        Section Dues+   ABA Dues+              ABA Dues+           Section Dues+   5 Year Change    1 Year Change
               1998-99 1999-00 2000-01 2001-02 2002-03     2003-04 2004-05 2005-06 2006-07 2007-08 2008-09                  #       %        #       %
September        29,125  29,223   28,829 27,810     27,638    27,219 26,024  25,878   26,223 25,837     26,035                11   0.04%      198   0.76%
October          29,233  29,238   28,872 27,974     27,572    27,230 26,151  26,016   26,312 26,012
November         29,375  29,360   28,984 27,973     27,698    27,283 26,280  26,119   26,445 26,152
December         29,352  29,369   29,032 28,070     27,773    27,383 26,485  26,248   26,520 26,341
January          29,449  29,519   29,177 28,308     27,888    27,349 26,595  26,449   26,653 26,581
February         27,663  26,969   26,462 25,996     25,309    24,738 24,290  24,519   24,355 24,736
March            28,012  27,591   26,865 26,280     25,737    25,154 24,602  25,028   24,721 25,142
April            28,150  28,140   27,015 26,591     26,096    25,409 25,015  25,300   24,920 25,424
May              28,379  28,418   27,321 26,865     26,386    25,550 25,309  25,616   25,136 25,699
June             28,711  28,806   27,622 27,451     26,787    25,772 25,770  26,086   25,776 26,228
July             29,423  29,244   28,105 27,973     27,499    26,476 26,088  26,451   26,206 26,590
August           29,813  29,518   28,514 28,308     28,016    26,847 26,407  26,885   26,539 26,932

Law Students                                                                                                              5 Year Change    1 Year Change
               1998-99 1999-00 2000-01 2001-02 2002-03     2003-04 2004-05 2005-06 2006-07 2007-08 2008-09                  #       %        #        %
September         1,197   1,370    1,944  1,214      1,925     2,316  2,620   3,193    3,589  3,489      3,106                486 25.25%     (383) -10.67%
October           1,282   1,456    2,023  1,337      2,035     2,419  2,743   3,257    3,613  3,518
November          1,408   1,513    2,127  1,407      2,122     2,568  2,864   3,149    3,325  3,244
December          1,414   1,524    2,200  1,447      2,135     2,343  2,603   3,076    3,319  3,172
January           1,377   1,351    1,955  1,800      1,979     2,095  2,666   3,073    3,360  3,210
February          1,423   1,388    1,951  1,836      2,012     2,179  2,581   2,855    3,116  2,859
March             1,483   1,445    1,963  1,865      2,092     2,244  2,660   2,975    3,212  2,916
April             1,528   1,521    2,009  1,895      2,119     2,304  2,813   3,092    3,346  3,025
May               1,733   1,683    2,150  2,028      2,164     2,466  2,973   3,278    3,458  3,057
June              1,286   1,141    1,959  1,784      2,257     2,583  2,993   3,300    3,371  3,020
July              1,216   1,079    1,922  1,774      2,261     2,449  2,923   3,273    3,278  2,939
August            1,326   1,161    1,998  1,975      2,315     2,560  3,062   3,370    3,383  3,038
                                                  ABA Section of Real Property, Trust and Estate Law
                                                Cumulative Membership Summary -- By Membership Type

Associates                                                                                                     5 Year Change    1 Year Change
             1998-99 1999-00 2000-01 2001-02 2002-03     2003-04 2004-05 2005-06 2006-07 2007-08 2008-09         #       %        #       %
September        191     201      219    251         299      303    310     295      302    309         328       18   6.02%       19   6.29%
October          195     201      222    259         305      307    308     297      310    309
November         195     202      223    265         315      309    311     299      315    313
December         202     210      225    270         319      316    313     299      321    316
January          205     213      231    275         324      319    318     309      335    323
February         179     184      198    242         258      246    263     258      276    254
March            183     194      206    255         270      255    273     272      285    267
April            189     202      213    268         274      264    281     281      289    282
May              192     208      219    276         284      269    283     292      298    290
June             195     210      227    287         288      281    293     296      307    312
July             199     218      235    294         300      289    296     303      311    323
August           207     224      254    304         309      302    304     311      319    334

TOTAL                                                                                                          5 Year Change    1 Year Change
             1998-99 1999-00 2000-01 2001-02 2002-03     2003-04 2004-05 2005-06 2006-07 2007-08 2008-09         #       %        #       %
September      30,513  30,794   30,992 29,275     29,862    29,838 28,954  29,366   30,114 29,635     29,469       515  1.72%     (166) -0.55%
October        30,710  30,895   31,117 29,570     29,912    29,956 29,202  29,570   30,235 29,839
November       30,978  31,075   31,334 29,645     30,135    30,160 29,455  29,567   30,085 29,709
December       30,968  31,103   31,457 29,787     30,227    30,042 29,401  29,623   30,160 29,829
January        31,031  31,083   31,363 30,383     30,191    29,763 29,579  29,831   30,348 30,114
February       29,265  28,541   28,611 28,074     27,579    27,163 27,134  27,632   27,747 27,849
March          29,678  29,230   29,034 28,400     28,099    27,653 27,535  28,275   28,218 28,325
April          29,867  29,863   29,237 28,754     28,489    27,977 28,109  28,673   28,555 28,731
May            30,304  30,309   29,690 29,169     28,834    28,285 28,565  29,186   28,892 29,046
June           30,192  30,157   29,808 29,522     29,332    28,636 29,056  29,682   29,454 29,560
July           30,838  30,541   30,262 30,041     30,060    29,214 29,307  30,027   29,795 29,560
August         31,346  30,903   30,766 30,587     30,640    29,709 29,773  30,566   30,241 29,560
ABA Section of Real Property, Trust and Estate Law
Membeship Detail

                                                 Fiscal Year                                                                         Fiscal Year
                    02-03     03-04     04-05       05-06    06-07     07-08    08-09                    02-03    03-04     04-05       05-06      06-07    07-08    08-09
Lawyers                                                                                  Associates
Beginning Balance   27,572    28,016    26,847       26,407   26,885   26,539   26,932   Beginning         305      309       302          304       311      319      334
Adds                 3,331     3,195     3,560        3,883    3,468    4,115      253   Adds               66      100        86           80        89      105        8
Reinstates             379       371       371          371      420      412        0   Reinstates         16       11         4            8        10       19        0
Section Drops          600     1,993     1,714        1,324    1,533    1,468      847   Section Drops       9       23        17           24        19       33       12
ABA Drops            2,470     2,812     2,575        2,452    2,701    2,666      303   ABA Drops          68       95        71           57        72       76        2
Discrepancy            196       (70)       82            0        0        0        0   Discrepancy         1        0         0            0         0        0        0
                    28,016    26,847    26,407       26,885   26,539   26,932   26,035                     309      302       304          311       319      334      328

                                                 Fiscal Year                                                                         Fiscal Year
                    02-03     03-04     04-05       05-06    06-07     07-08    08-09                    02-03    03-04     04-05       05-06      06-07    07-08    08-09
Law Students                                                                             TOTAL
Beginning            2,035     2,315     2,560        3,062    3,370    3,383    3,038   Beginning       29,912   30,640    29,709      29,773     30,566   30,241   30,304
Adds                   889     1,568     2,005        1,950    1,805    1,646      222   Adds             4,286    4,863     5,651       5,913      5,362    5,866        0
Reinstates              32        35        32           37       29       46        0   Reinstates         427      417       407         416        459      477        0
Section Drops          126       303       325          331      349      396      134   Section Drops      735    2,319     2,056       1,679      1,901    1,897        0
ABA Drops              514     1,063     1,207        1,348    1,472    1,641       20   ABA Drops        3,052    3,970     3,853       3,857      4,245    4,383        0
Discrepancy              1        (8)        3            0        0        0        0   Discrepancy        198      (78)       85           0          0        0        0
                     2,315     2,560     3,062        3,370    3,383    3,038    3,106                   30,640   29,709    29,773      30,566     30,241   30,304   30,304
                            Membership Committee Activities

The standing committee on membership focuses on promoting the growth and inclusiveness of
the Section. This committee meets regularly, including holding monthly teleconferences, to
discuss policies and programs that will increase membership, especially among younger lawyers,
and makes recommendations to the Council based upon the same. Current initiatives of the
Committee include:

A.     Fellows Program

        The fellows program represents a commitment by the Section to increase the participation
of young lawyers in Section activities. The goal of the program is to give active members of the
Young Lawyers Division (YLD) and other young lawyers active in their local bar associations an
opportunity to become involved in the substantive work of the Section, to develop future leaders
of the Section, and to enhance knowledge about the work of the Section among members of the
YLD and local bar associations. The fellows program includes certain expense reimbursements
to allow fellows to attend Section meetings.

        Each year, members of the YLD, minority bar associations, and state and local bar
associations are invited to submit applications for fellows positions. Generally, fellows
applications are due in early June and selections are made in July. Fellows appointments are for
two years. In 2007, the number of annual fellows was increased from four to six per year,
resulting in what will become a total of twelve Fellows serving staggered terms. To be
considered for selection, a person must have practiced in the trust and estate or real property area
for a least one year, and must demonstrate an active involvement in professional activities. At
least half of the fellows selected each year will be minority applicants. Additionally, the fellows
subcommittee contacts applicants who were not accepted and, where appropriate, informs them
how to get more involved in Section activities. Thus, the fellows program application process
has potential to increase Section involvement beyond just those who are appointed. Complete
details on the program are available on the committee's website.

B      Young Lawyers Network – YLN

       The mission of the Section's YLN is to encourage young lawyers' active involvement in
the Section and to increase young lawyers membership and participation in the social and
substantive activities in the Section through substantive and social programming geared towards
young lawyers. The YLN general membership is open to all members of the Section who have
been admitted to practice within the past eight years or who are less than 36 years of age. The
YLN meets in conjunction with regular Section meetings and also during the joint fall CLE
meeting. The YLN also tries to facilitate communication with ABA's Young Lawyers Division.

C.     Law School Poster

       In an effort to reach out to law students who might be interested in practicing in the
Section's substantive areas of interest, the membership committee has implemented an annual
program focused on marketing to law students through the use of a poster and contact cards that
encourage and facilitate registration as a Section member. These posters emphasize the benefits
of Section membership and importance of real property and trusts and estates law in real life

D.       Experienced Attorneys

         The committee actively seeks to recruit practicing real estate and trust and estate
attorneys to join in the Section's activities. Some of such attorneys may be ABA members but
are not active in the Section. Others may be recruited to the Section and the ABA, when they are
better informed of the professional, educational and networking opportunities that participation
in the Section affords. Experienced attorneys understand the areas of the law in which Section
members concentrate, and indeed they may be active in their state and local Bar associations. In
many cases, no one has discussed the Section with them or solicited their participation. The
committee explores numerous vehicles to attract such new members. A current initiative will
focus on person-to-person contacts by Membership Committee members and Section and
Substantive Committee leaders to their peers and associates to explain the benefits of Section
membership and to extend personal invitations to them to join the Section. In addition,
initiatives will be undertaken to take advantage of Section CLE conference calls to target new

E.       Guide Programs

        Any person, whether an experienced lawyer or a new lawyer, who wants to get involved
in Section activities may request a guide by contacting the Section office. The guide facilitates
contact with leaders in appropriate committees and answers questions about appropriate ways to
get involved generally. A committee chair, group chair or vice-chair, member of a standing
committee, or other Section leader may volunteer to serve as a guide. The commitment is short-
term; just enough to get the new person oriented within a reasonable amount of time.

F.       Profiles in Membership

        Active participants in the Section know the many personal and professional benefits
presented by involvement in the Section, however, a very small percentage of Section members
actively participate in Section meetings, programs, and initiatives. In an effort to encourage
greater active participation, the membership committee features two members of the Section
leadership in each edition of Probate and Property magazine. These profiles serve the dual
purpose of introducing Section leaders to the membership and describing the impact of the
Section on their careers. These profiles are also recycled as promotional material in recruiting
new members to the Section.

# 5703727_v1
Thompson Coburn LLP

To:               Standing Committee on Membership

From:             Steven B. Gorin

Date:             October 15, 2008

Re:               ABA Standing Committee on Membership (SCOM) Initiatives

Although Sections often view themselves as self-contained units, the ABA helps Sections recruit
members in a manner that the Sections could never do by themselves.

I serve on the SOC 1 Membership Committee, which consists of the representatives of the
membership committees of the various Sections, Divisions and Forums. I am also one three
liaisons from the SOC Membership Committee to SCOM. The SOC Membership Committee
meets at the ABA’s Midyear and Annual Meetings and at the Section Officers Conference, and
its steering committee has monthly telephone conferences. SCOM meets at the ABA’s Midyear
and Annual Meetings and has at least two stand-alone meetings (probably at least three this
year because of its strategic planning).

Section-Included Dues

When a lawyer is first admitted to practice law, (s)he is considered a law student transfer (LST)
or new bar admittee (NBA) for the first year. ABA dues are free, but the lawyer must pay
Section dues. In the second year, these people must pay ABA and Section dues. SCOM has
recommended that membership for one Section be offered at no additional charge, with the
ABA reimbursing the Sections for most of the dues that these young members would otherwise
have paid. This proposal is expected to increase Section membership and ABA retention.
Details are described in the Appendix.

Increasing ABA Membership in a Big Way

The notes below reflect my impression and are not to be distributed outside the Section, as I do
not wish for any unartful language to be used against SCOM. Please refer questions to me so
that I can obtain clarification, rather than acting upon anything contained in this report.

The ABA’s Board of Governors (BOG) chose not to fund previous SCOM proposals that were
intended to increase membership substantially. Accordingly, membership has grown only
incrementally. The BOG has decided that incremental growth is not acceptable and directed
SCOM to think of major steps that would increase membership in a big way. SCOM’s efforts
are underway, and its new chair is very dedicated and has strong leadership skills.

This year, SCOM will review pricing/dues, branding, products, and lawyer segments to target.
By the end of the 2008-09 bar year, SCOM intends to achieve the following:

1   Section Officers Conference

          Review segments.

          Prioritize targets.

          Submit a new membership plan for BOG approval.

          Review dues/pricing, with BOG approval of the process so that a new structure could
          be adopted during 2009-2010 for implementation with the 2010-2011 billing cycle.

          Recommend products to deliver to members and products’ organization to facilitate
          member use.

          Substantially complete branding.

Likely target markets include:

          Sole practitioners – what investment is necessary to penetrate the market, because
          current market penetration is abysmal.

          Young professionals – attract and retain from law school through the 5th year of practice
          (once they’ve been members through their 5th year of practice, retention is very high).

          Large/medium firms – receive appropriate attention so that we continue to have high
          market penetration.

Goals for dues include simplifying pricing, evaluating an income-based or similar approach to
dues, and harmonizing the dues for young professionals.

Overall goals include increasing membership dramatically, considering nondues revenue and
ways of cutting expenses, and maintaining and enhancing the ABA’s relevance and

4823092                                         -2-
                            Appendix – Section Included Dues for Class 1A
    From:        Gorin, Steven B.
    Sent:        Wednesday, October 08, 2008 1:06 PM
    To:          Winston, Roger D. (Bethesda)
    Subject:     Class 1A Section-Included Dues


    To summarize our discussion:

    The Section supports the proposal. However, it was suggested the program be evaluated after one
    year and discontinued if it proves not to be a worthwhile investment for the Section.

    The SOC Membership Committee has discussed this concern. The timetable for implementation and
    evaluation is:

    •     2009-2010       first year of implementing the program
    •     2010-2011       while program is being implemented a second year, those who received
          promotional discounts will be renewing (or choosing not to renew) their memberships
    •     2011-2012       the Standing Committee on Membership (SCOM) will review whether the
          program is meeting its objectives (since a full year of renewals will have been completed) and
          take appropriate action

    The program is not scheduled to sunset. However, the Membership and Marketing Division is
    committed to tracking the results of the program on an ongoing basis and will provide data to the
    Sections on the program's effectiveness.

    Please let me know if there are any further questions or concerns. I will be off this evening and
    tomorrow for Yom Kippur, and I will check my e-mail tomorrow night.


    Steven B. Gorin
    P: 314.552.6151
    F: 314.552.7151
    M: 314.602.6151

    Thompson Coburn LLP
    One US Bank Plaza
    St. Louis, MO 63101

4823092                                                -3-
From: Akers, Steve []
Sent: Tuesday, October 07, 2008 12:24 PM
To: Entity Officer discussion
Cc: Gorin, Steven B.
Subject: Another Executive Committee Agenda Item: Class 1A Section-Included Dues

 Section-Included FAQs 9.3.2008.DOC
Proposal 9.3.08.pdf

One item that is not on the Executive Committee Conference agenda, but that we need to address, is the
proposal from the SOC Membership Committee for second year lawyers to join one Section at no cost,
with the ABA reimbursing sections for a significant portion of the lost dues. The full proposal is attached,
but Steve Gorin has provided a brief summary of the proposal, and more importantly, an analysis of the
likely impact of this proposal on the RPTE Section in the email chain below.

The SOC Membership Committee has solicited endorsements from Sections. Steve would like for us to
endorse this proposal before a meeting of the SOC Membership Committee that he will be attending this
weekend. If the Executive Committee decides to endorse the proposal, hopefully Robin Roy can forward
our official endorsement (and we should inform Steve Gorin) on Wednesday afternoon or Thursday—
before the SOC Membership Committee meeting on Friday - Sunday.

(Steve, on behalf of all of us, thank you for giving up yet another full weekend to attend this SOC
Membership Committee meeting.)

Steve R. Akers
Bessemer Trust
300 Crescent Court, Suite 800
Dallas, Texas 75201
Telephone: (214) 981-9407
Fax: (214) 981-9410

From: Gorin, Steven B. []
Sent: Tuesday, October 07, 2008 12:05 PM
To: Akers, Steve
Subject: RE: Class 1A Section-Included Dues

New lawyers receive free dues their first year after passing the bar. During the second year, they receive
their first dues bill. This proposal entitles them to join one Section at no additional cost, which is proven
to be the most effective way to get them to join Sections. The ABA will reimburse the Sections for a
significant portion of the lost dues.

The proposal is attached, and of course the projected results are in the e-mail chain below.

Thank you.

Steven B. Gorin
P: 314.552.6151
F: 314.552.7151
M: 314.602.6151

Thompson Coburn LLP

4823092                                             -4-
One US Bank Plaza
St. Louis, Missouri 63101

From: Akers, Steve []
Sent: Tuesday, October 07, 2008 11:58 AM
To: Gorin, Steven B.
Subject: RE: Class 1A Section-Included Dues

Would you please summarize the program for me? (Just one or two sentences is sufficient.) (Your earlier
message gave an excellent analysis of the effects of the program on the RPTE Section, but I just want to
make sure that I know generally what the program is.) Maybe you have full memos and if so, send those
to me also—I will forward it to the Executive Committee. But your brief summary is basically what people
will look at.

Thank you very much.

Steve R. Akers
Bessemer Trust
300 Crescent Court, Suite 800
Dallas, Texas 75201
Telephone: (214) 981-9407
Fax: (214) 981-9410

From: Gorin, Steven B. []
Sent: Friday, September 19, 2008 9:26 PM
To: Akers, Steve
Subject: RE: Class 1A Section-Included Dues

The whole point of the program is that those who receive their first ABA dues bill often don't join Sections,
and this is the most effective way to get them to do so on a mass marketing basis.

We are projected to gain 251 new members and approximately $7,700 in revenue. Robin could confirm,
but I think that our cost is approx. $20+ per member, so it would cost us approximately $5,500 to service
those members, for a net profit of $2,200 the first year. If we don't get the projected increase and just get
the same members as before, the ABA is still kicking in approx. $32 per member, and our actual
collections were $41 per member, so we could lose up to $9 * 587 = $5,283. However, contrasting this to
the upside based on the most likely scenario, the increased members would generally tend to renew, and
if you consider an average profit of $35 ($55 dues -$20 cost), we would add $8,785 to our bottom line for
those 251 new members in the following year and every year thereafter, which would be reduced each
year by attrition. However, each year we would get these 251 new members, so we have 500 second
year, 250 third year, etc., again subject to attrition, so this $8,785 would double, triple, etc., again subject
to normal attrition. This is just the dues impact and does not consider e-CLE and other non-dues revenue
that these new members would add.

I view this as a potential big winner, with limited downside. Therefore, I endorse it.

One final note is that young lawyers have a much, much, much higher renewal rate that law student
conversions to regular Section membership. If one were to reject this, then one would also have serious
reservations about continuing law students at discounted dues.

4823092                                              -5-

Steven B. Gorin
P: 314.552.6151
F: 314.552.7151
M: 314.602.6151

Thompson Coburn LLP
One US Bank Plaza
St. Louis, Missouri 63101

4823092                     -6-
              The Section of Real Property,Probateand Trust Law

                 A Multi-Year Comparison of Member Survey Results

       The following report presentsa comparison the resultsof the Section
membersurvey conductedin 2OO4with those from previoussurveys.This analysis
is somewhat limitedas the numberof questionsthat have been consistentlyasked
                                                            pools in each of the
in a similarmatter over time is small. However,the respondent
years in which these surveyswere conductedwere sufficientlylargeto be
representative the membersof the Sectionat each designated
             of                                           interval.That
beingthe case, any significantvariationsnoted in the comparisons
                                                               over time that
can be made, very likely do signala real changein the variablebeing measured.

                                                                    poolsar e sim i l ar
       T h e p ra cti ce e mo g ra p h ics ongthe var iousr espondent
                        d                am
with regardto the distributionof the Sectionmembership
and the three major areasof practiceconcentration real property,probateand
trust, and litigation.Underthe umbrella real propertymatters,the 2OO4survey
r e s p o n d e n ts re mo re l i ke l yth a n the 1995 r espondents spendsom etimeon
                   a                                               to
matters involvingtaxation and lesstime on creditors'rights issues.With regardto
probateand trust matters,the Sectionmembersparticipating the 2OO4survey
who devotedat least 1Oo/o their practicetime to probateand trust matters are
significantlyless likelyto spendtime on estate planning,international
p l a n n i n g a n d p ro b a tea n d tru st administr ation
                                                            than wer e the 1995 r espondents .

         There were some differencesbetweenthe Sectionmembersin the 1995
                                           with regardto their perceptions
         pool and the 2OO4survey respondents
of the importanceand successof severalof the Sectionmember benefits.While the
Sectionmembersresponding the currentsurvey are more likelyto rate the Real
                                                               they are also
PropertyProbateand Trust Journalas very importantand successful,
generallyless likelyto expressan opinionabout the importanceor successor
Sections,books, CLEat the Springmeeting,and the Section'swork on initiating
a n d c o m m e n ti n g n l e g i sl a ti o n .
         The Sectionmembershiphas aged over the intervalbetweensurveys.The
                                             pool was 40; in 1995 it was 45; and in 20 05
m e d i a na ge o f th e 1 9 8 9 re sp o ndent
                                             pool was 53. The medianincomehas also
t h e m e d i ana g e o f th e re sp o n d ent
i n c r e a s e d e tw e e n$ 1 OO,OOO $124,999 in1994 to a median2OO3income
                b                    a nd
l e v e lo f b e t w e e n$ 1 2 5 , 0 O 0 n d 1 4 9 , 9 9 9 .


l. Current Position

         The distributionof Sectionmembersacrossvariouspracticesettings has
changedvery little over the 20 years measured Sectionsurveys.The majority
(between81o/o 1984 and 85.2o/o 1995) of Sectionmembersare private
             in              in
             The percentage Sectionmembersemployedin for-profit and law
practitioners.            of
                            between 1984 and 2OO4,while the percentage
school settings has decreased                                         in
each of the remaining                     slightly.
                              has increased

                                                   Table 1
                                       Setting of CurrentEmployment*

    Setting                                                      1984               19 8 9          19 9 5              2004
                                                               (N:739)           ( N= 6 6 9 )      (N:535)           ( N: 7 6 9 )

     Private practice                                            81o/o             83%              85.2o/o          83.7o/o

     b u s i n e ss                                                 13               12                9.5              7.4
     Government                                                                        1              o.9                1.7
     J u d i ci a ry                                                tF t9            'F tF             te*
     Law school                                                      2                 1                .2              o.8
     O t h e r n o n -p ro fi t rg a n i za ti on**                  1                 1               1.7               1.4
     Retired                                                         1                                 1.7               1.8
     Other                                                           0                2                1.7               2.9
        *Percentages        may not add to 1OO             due to rounding.
        * * l n 1 9 8 4 , 1 9 8 9 , a n d 1 9 9 5 , t h e c a t e g o r i e o f j u d i c i a r y n d o t h e rn o n - p r o f i w e r e
                                                                            s                   a                                t

        Among the Sectionmemberswho are privatepractitioners, distribution
acrossfirms of varioussizeshas variedsomewhatover the 20 year interval
between surveys,with small fluctuationsprimarilyin the percentages survey
respondents the smallestand largestcategories firm sizes.Between 18% and
          in                                of
                             over the four survey periodshave been sole
24.3o/o the survey respondents
            and between 21o/oand 29o/orcportedworking in firms of 50 or more
lawyers.The medianfirm size amongthe currentresponding                  is
n i n e l a w ye rs,w h i l e a b o u t a q u a r terof this gr oupar e wor king in fir ms of 60 or m or e

                                           Table 2
                           Distribution PrivatePractitioners
                                     Firmsof VariousSizes
                                          19 8 4    19 8 9      19 9 5   2004
   F i r mSi ze                          (N:595)   (N:535)     (N:454)   ( N: 6 1 4 )

                                                                15.5      "18.4o/o*
   Solo practice, practicing alone         13o/o     11o/o

   Solo, sharingoffice space                10        7          8.8
   2    3 lawyers                           15        10        13.0        16 . 1
   4    9 lawyers                           17        18        17.2        16.6
   1 O - 4 9 l a w ye rs                   24         25        23.6        21.2
   50 or more lawyers                      21         29        2 1. 9      27.7
 "ln 2OO4no distinctionwas made betweenthe solos practicingaloneand those in
 offices with more than one lawyer.

ll. SubstantiveAreas of Practice

       While the way the questionregardingemphasison areasof practicevaried
somewhat in the 1995 and 2OO4membersurveys,the similarityof response
patternsis interestingand suggeststhat little changehas occurredwith regardto
the focus on the substantiveareasof practiceaddressed the Section.The
questionin the 1995 survey askedthe respondents                          or
                                              about areasof specialization
limitationof practice,while the questionin the 2004 survey instrumentasked
about the focus of respondents'                       are        in
                                       The similarities displayed Table 3.

                                   Table 3
                    Areas of Specialization PracticeFocus
                                 Areas of Specialization
                                                       or            2004
                                   Limitationof Practice         Focus Practice
                                         (N:456)                    (N:773)
 Realproperty                                56.7o/o                59.O%
 Probateand trust                             55.1                   51.1
 Litigation                                   14.3                   13.6

      The data in Table 4, which providesmore detail on the degreeof
concentration practiceon real propertymattersamong Sectionmemberssuggest
that the emphasison matters in this area of practicehas changedonly slightly over
time. There appearsto have been a very minor increasesine 1984 in the percentof
Sectionmemberswho spend very little time on real propertymatters (fewer than 5
hours per week) and also those who spend more than 20 hours a week on such

                                      Table 4
                        Time Spent on RealPropertyMatters*
         Hours/Week          19 8 4        19 8 9         19 9 5      2004
                            N: (716)     (N:669)         (N:5O4)     (N:764)
         o                                  18o/o         23.2o/o     18.2%
         1 - 4                     *
                              33o/o*         16            14.9         18.2
         5 - 10                 23           23            19.6         17.8
         1 1- 2 0               16           12            17.1         15.3
         21 -30               28xxx          10            10.5         11.1
         31-40                               14            10.7         13.O
         More than 4O                            7         4.O          6.3
                    may not add to 100 due to rounding.
        **The 1984 surveyreportcollapsed O and 1- 4 categories
                                        the                      into one (4 or fewer).
        *** The 1984 surveyreportcollapsed                        into one (morethan 20).
                                          the last three categories

      Table 5 sets out a comparisonbetweenthe 1995 and 2OO4survey
          who spend some time on real estate matterswith regardto the
percentage time they spend on variousaspectsof real propertypractice.There
appearsto be very little changeover this time periodin the natureof the
           real propertypractices,
respondents'                     althoughthe 2004 respondents more likely
than those in 1995 to spend some time on mattersinvolvingtaxation and less time
on creditors'rights issues.

                                                  Table 5
                                      Percentof Time Spent on RealPropertyMatters**
Area                                  Oo/o        1-5o/o       6-25o/o     26- 5Oo/o       than 50%

                                     38.5%        14.3o/o       22.Qo/o     1 1. 5 o / o    13.8o/o
          matters                   (35.7o/ol    (16.7 o/o)    (25.8o/ol   {.11.9o/o)       (9.9o/"1

Condemnation                         85.5          8.8           4.5          o.8            o.5
                                    (88.9)         (7.9)        t2.81        (o.4)           (o.o)
Government regulation                 54.5         16.3          21.8        3.5             4.O
                                     (55.6)       (15.5)        (21.81       (4.41           t2.8)
Naturalresources                      89.O          4.5          5.5          o.3            o.8
                                     (93.3)        (2.8)        (1.6)        (o.8)           (1.6)

Title and abstracting                 38.5         13,0          34.8        10.5             3.3
                                     (38.e)       (14.3)        (32.9)       (7.9)           (6.O)

 Financing                            42.3         7.5           33.O        13.5             3.8
                                     (44.8)           1
                                                   (e.)         (27.81      (13.5)           (4.8)

Investments,                          84.0          4.3          9.3          2.3            o.3
syndication                          (87.3)        (2.41        (s.e)        (o.o)           ( 0.4)
 C o n d o m i n i u m ,o m m o n     68.3         11.5          17.3         1.5            1.5
 interestownership                   (69.0)       (12.71        (17.11       (0.8)           (o.4)
 Business, commercial,                36.5         6.5          33.O         17.8             6.3
 industrial                          (31.7)       (10.7)        (34.e)      (17.5)           (5.2)

 Taxation                             75.8         10.3         10.8          1.8            1.5
                                     (84.5)        (e.7)        (4.41        (1.6)           (o.8)
 Creditors' rights                   84.8           6.0          7.5          1.3             0.5
                                     172.21       ( 11 . 5 )    (13.9)       (1.6)           (0.8)
 Leasing                              46.O         14.O          31.5         6.5             2.O
                                     (41.3)       (15.9)        (31.3)       (7.9)           (3.6)
 Other                               87.5           1.O         5.O           4.8             1.8
                                    (90.1)         (1.21        13.21        (3.21           (2.41
* The first numberin each cell is the percentage the 2OO4membersamplepool that
responded the indicatedmanner;the numberin parenthesis
               in                                        refersto the percentage
Sectionmembersresponding the 1995 survey.The N for the sampleis 400; the N for
t h e 1 9 9 5 g r o u pi s 2 5 2 .

       As was the case with regardto the emphasisamong Sectionmemberson
real property matters,the similarities                          over the 20
                                     among the survey respondents
year intervalbetween Sectionsurveyswith regardto their focus on probateand
trust matters are very strong as shown in Table 6. While there are small variations,
          the degreeof focus on these matters has changeslittle since 1984.
in essence,

                                          Table 6
                          Time Spent on Probateand Trust Matters*
           Hours/Week           1984             19 8 9         19 9 5     2004
                               N: (716)        (N:669)        (N = 504)   (N:765)

           o                                     34o/o         32.8o/o    33.1o/o

           1 - 4                39o/o**          1 1. 7             7.7    10.2
           5 - 10                  20            18.1           16.5       17.4
           11-20                   17            14.9           16.5       15.O
           21-30                 23***           10.6           11 . 9     10.1
           31-40                                  7.5           11 . 3      8.9
           More than 40                           3.2               3.3     5.4
          *Percentagesmay not add to 100 due to rounding.
          **The 1984 survey reportcollapsed O and 1- 4 categories
                                           the                       into one (4 or fewer).
          *** The 1984 surveyreportcollapsed the last three categoriesinto one (morethan 20).

       There are four areasof probateand trust practicethat were investigatedin
both the 1995 and 2OO4surveys.Theseare comparedin Table 7. The 2OO4
                 who devotedat least 1Oo/o their practiceto probateand trust
survey respondents                       of
mattersare significantlyless likelyto spendtime on estate planning,international
estate planning,and probateand trust administration
                                                  than were the1995 survey
           The time devotedto employeebenefitswhile not substantialamong
e i t h e rs u rve yg ro u pw a s si mi l a rin both 1995 and 2OO4.

                                           Table 7
                                    Probateand Trust Time *
                                                  Percent *

 Area                                                                        More
                          Oo/o          1-5o/o     6-25o/o      26-5Oo/o   than 50o/o     Ns

 Employee                84.3o/o       7.7o/o       6.30/o       1 .60/o     o.o          364
 benefits               (84.Oo/ol      (9.3%)      (4-9o/o)     (1.1o/ol    (0.8%)       (268)

 Estateplanning           14.6           3.O            37.6     35.4        9.3          364
                          (3.e)         (0.4)          (15.4)   (42,91      (37.5)       (259)

 lnternational            91.2          6.6             1.6       0.5        o.o          364
 estate planning         (79.5)        (16.8)          (3.4)     ( o.4)      (o.o)       (268)

 Probateand trust         15.7           5.8            41.8     27.5        9.1          308
 administration           (7.O)         (4.71          (30.6)   (36.8)      (30.9)       (258)
*Percentages  may not add to 1OOdue to rounding.
** The first numberin each cell refersto the percentage 2OQ4survey respondents
                                                        of                       that falls in a
particularcategoryand the numberin parenthesis   refersto the responses
                                                                      from the 1995 member

        Table 8 displaysthe variationin evaluations the successof variousSection
                                           groupswhere parallel
activitiesbetweenthe 1995 and 2OO4respondent                  questions
permit. The 2004 survey respondentsare more likely to rate the Real Property,
Probateand Trust Journal "very" important, while the importanceratings of Probate
& Trust magazineare very similaracrossthe two time periods.The 2OO4survey
respondents less Iikelythan those responding the 1995 surveyto express
any opinionabout the importance Sectionbooks, CLEat the Springmeeting,and
                                                           However,the 2OO4
the Section'swork on initiatingand commentingon legislation.
                 were also more likelyto rate initiatingand commentingon
survey respondents
legislation importantSectionactivities.Sectionbooks and CLEat Spring
meetingsreceivedlower importance                          to
                                ratingsfrom the respondents the current
surveythan from the 1995 survey respondents.

                                       Table 8
                          lmportance VariousSectionActivities*

 Activity                      Very      Somewhat Not At All        Don't Know       (Ns)
 Real Property, Probate        42.20/o     49.8o/o       3.2o/o        4.go/o       747
 and Trust Journal             (35.e)      (48.1)         (8.s)         (7.5)       (493)

 Probate & Trust magazine       46.4         41.1          4.7           7.8         742
                               (4e.71       (3e.6)        (5.1)         (5.7)       (493)

 Section books                  12.O         28.6         13.4          45.9         664
                               (12.41       (43.5)       (20.3)        (23.8)       (474)

 Commenting  on                 18.6         24.8         8.8           47.7         656
 legislation                       1
                                (e.)        (31.6)       (26.41        (32.9)       (462l,

 Work on initiating             13.9         22.9         10.6          52.6         654
 legislation                    (5.8)       (25.O)       (31.0)        (38.1 )      (4641

 CLEat Springmeeting             7.O
                                             't1.2        20.3          61.5         660
                                (8.2)       (25.5)       (27.9)        (38.4)       (466)

*Percentages    may not add to 1OOdue to rounding.
* *The first numberin each cell is the percentage the 2004 respondent
                                                 of                 pool that respondedin
the indicatedmanner;the numberin parenthesis the percentage the 1995 respondent
                                                is             of                   pool
responding similarinquiries.

       The data in Table 9 comparethe evaluations the successof severalof the
Sectionactivitiesas perceived Sectionmembersin 1995 and 2OO4.The Section
membersresponding the 2OO4membersurvey are more likelythan those who
respondedto the 1995 survey to deem the RealProperty,Probateand Trust
Journal "very" successful.
                         The assessments both survey groupsof the success
of the Probate& Trust magazine very similar.The 2004 survey respondents
evaluatedSectionbooks and CLEat Springmeetingsslightlyless favorablyoverall
t h a n t h e Se cti o nme mb e rs h o r esponded the member s veyin 1995.
                                  w             to            sur

                                            Table 9
                               Successof VariousSectionActivities*
                                                             Success *

 Activity                                                                              Don't           (Ns)
                                       Very         Somewhat         Not At A l l      Know
 Real Property, Probate and           45.Oo/o         41.9o/o          3.2o/o          9.8o/o          682
 Trust Journal                        (32.6)          @4.e|             (6.3)          (16.3)         (4291

 Probate & Trust magazine               46.6           38.O              2.6            12.8           682
                                       (43.1)         (41.5)            (3.O)          (12.41         t42el
 Section books                          13.6           24.8             7.6            54.O            596
                                       ( 11 . O )     (33.7)           (10.8)          A4.51          (409)

 Commenting legislation
           on                           7.7            21.O             5.3             65.9           581
                                       (5.5)          (21.61           (12.31          (60.7)         (3ee)
 Work on initiating                     4.7            18.7             6.4             70.2          577
 legislation                           (4.21          114.21           112.71          (68.7)         14021
 CLEat Springmeeting                    7.2            9.2              9.O             74.6           586
                                       (7.O)          (15.8)           (10.8)          (66.4)         (399)
*Percentages    may not add to 1OOdue to rounding.
* *The first numberin each cell is the percentage the 2OO4respondent
                                                 of                pool that respondedin
the indicatedmanner;the numberin parenthesis the percentage the 1995 respondent
                                                is            of                   pool
responding similarinquiries.

        The Section membership, as has that of the ABA generally, has aged over

                                                               pool was
the intervalbetween surveys.The medianage of the 1995 respondent
4 5 , w h i l e th e me d i a na g e o f th e cur r entsur veyr espondents 2005 is 53. ( The
                                                   pool was 4O.)As shown in Table 1O,
m e d i a na ge w i th i n th e 1 9 8 9 re s pondent
incomelevelsamong the survey respondents
                                       have shifted as well, moving from a
m e d i a n f b e t w e e n$ 1 O 0 , 0 0 0 n d $ 1 2 4 , 9 9 9i n 1 9 9 4 t o a m e d i a n O O 3i n c o m e
                                          a                                                2
l e v e lo f b e tw e e n $ 1 2 5 ,OOO n d $149,999 in 2OO4.

                              Table 10
               Distribution Respondents y Income in 2oo3

                                             19 9 4                 2004
lncome Levels                             ( N: 4 7 2 )             (N:582)

U n d e r $ 5 O,O0 O                       1"1.7o/o                15.Oo/o

$ 5 0 , o o o- $ g g , g g g                 34.3                   20.8
$100,o00 $124,999                            17.6                   12.5
$ 1 2 5 , O O- $ 1 4 9 , 9 9 9
             O                               8.5                    10.5
$150,O00 $1gg,ggg                            11 . 9                 11 . 9
$200,oo0 $24g,ggg                            6.4                     9.8
$ 2 5 0 , 0 0 0- $ 2 g g , g g g              3.2                    6.4
$ 3 OO,0 0 0 r mo re
            o                                 6.6                   13.2

American Bar Association
Section of Real Property, Trust & Estate
                                                                                                                                              Avg Qty
Program                   Description                                                                          Frequency     Avg Cost         Sent to
Welcome Kits              Sent each month to all new RPTE members.                                             Monthly             $3,400
                                                                                                                           for all mailings
                          Letter #1 - Welcome to the Section letter from the Chair. Explains the benefits of
                          becoming a RPTE member.                                                                                                   550
                          Letter #2 - “Join Groups and Committees” letter from the Chair. Enclosed is the
                          Guide to Committees.                                                                                                      250
                          Letter #3 - Letter listing the current RPTE CLE programs and books.                                                       230
                          Law Student Single Letter - Includes a letter from the Section Chair, the Guide to
                          Committees and a current Probate and Property magazine                                                                    100

Lawyer and Student        Sent each month to new ABA members who have indicated RPTE as an                     Monthly              $650      600 lawyer
Recruitment Postcards     area of concentration. The postcard explains the benefits of joining the Section.                                   35 student

Retention Postcard        Sent each month to members who will be dropped from the RPTE Section.                Monthly              $300            100
                          The postcard reminds them of the benefits RPTE has to offer.

Fellows Program           The goal of the program is to get young members more involved in RPTE,               Yearly            $12,000
                          with the hopes of developing future leaders of the Section. The program appoints
                          six fellows per year for a two year fellowship. At least one-half of the fellows
                          selected will be minority applicants.

Law Student Posters       RPTE posters sent to Deans and Professors of ABA-accredited law schools,             Yearly            $14,500      197 Deans
                          to recruit new student members. The posters include tear off business reply                                          283 Profs
                          cards to encourage Section sign up. 480 total posters are sent.

Law Student Writing       Encourages and rewards law student writing on real property and trust and            Yearly             $4,670
Contest                   estate law subjects of general and current interests.
                          1st Place - $1500 plus expense paid trip to Fall Meeting
                          2nd Place - $700
                          3rd Place - $500
                          Emails and mailings are sent to professors and law students.

Membership                If someone in the Section requests to get more involved, the membership              On-going                $0
Guide Program             committee will assign them a guide who will find out where their interests lie.
                          They are then referred to their guide to accomplish their involvement goals.
                          Information is available on the membership page of RPTE website.

Drop for no-pay mailing An annual letter is sent in January to members that will be dropped for non            Yearly             $3,000          2,544
                         pay. The letter describes the advantages of being a RPTE member.

Chicago and DC Law       The receptions are held on an as needed basis to recruit local area law                 $1,500
Student Receptions       students to the Section.                                                          Per reception

Probate & Property       Section News promotes upcoming RPTE CLE program conferences, member
                         profiles, and committee involvement.

eReport                  Includes timely industry articles, practice information, and recently published
                         books. It also includes information on YLN, law students, CLE, and groups and

Committee Marketing      Analyze the areas of concentration (AOC's) of current RPTE members who do
Enhancement Project      not belong to a group or committee. Promotes membership in RPTE groups
                         and committees that correlate to their AOC's.

Section Materials
Leadership Directories                                                                                          $6,500
Policy and Procedures                                                                                           $5,000
Guide to Committees                                                                                             $6,700
Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

1. Introduction

Simply put, customers are no longer a given—just because you make it, doesn’t mean anyone
will buy it. In order to continue to thrive, companies must acquire and keep customers.

Because it is the only business function that deals directly with customers, marketing and sales
has become an area of increasing focus for companies of all sizes. How should companies
approach the process of marketing products and services? The process of marketing occurs in
five steps:

    •    Step 1: Understanding the market climate and marketing strengths and weaknesses
    •    Step 2: Developing a marketing strategy
    •    Step 3: Building a marketing plan
    •    Step 4: Implementing the plan
    •    Step 5: Monitoring the success of the plan

Though this five-step-process may appear straightforward, many companies demonstrate a great
deal of confusion about developing a marketing strategy.

In fact, many confuse solid marketing strategy with pure tactics, or what we like to call, "brand
juice." Visual identity, clever tag lines, creative "essence" advertising, edgy names, well-designed
Web sites, big ticket giveaway promotions, publicity buzz-making are all key ingredients in brand
juice and elements of marketing, but they are supporting elements. To be effective, such
supporting elements must be part of a more comprehensive plan.

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

2. What is a Strategy?

Real marketing strategy provides a roadmap to creating and delivering true value to distinct
groups of customers. All successful marketing strategies must begin and end with the customer—
they cannot be an afterthought or taken as a given—so marketers must test their assumptions
about their customers constantly

What goes into a marketing strategy? A cohesive combination of:

    •    Targeting—to whom are you going to market your products and services?
    •    Positioning—how are you going to differentiate yourself from competitors?
    •    Product/Service Attributes—what attributes/features will the product/service have?
    •    Marketing Communications—how are you going to reach the target and with what
    •    Pricing—what price will you charge the target?
    •    Distribution—what channels will you use to sell the product or service?
    •    Customer Service—how will you manage additional customer needs?

Of these components, targeting and positioning are the two most critical elements. To paraphrase
marketing guru Phil Kotler, if you nail the targeting and positioning, everything else falls into

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

3. Nailing the Targeting

The targeting decision — identifying the people you want to direct your marketing efforts towards
— is one of the first issues a marketer considers.

Targeting is knowing where to concentrate forces. "To win a war you need to know where to
attack," Dwight Eisenhower might have said to an audience of business managers. "We wouldn’t
have brought the Nazis to their knees if we had landed the Allied forces at Calais instead of the
beaches of Normandy."

Most marketers agree that focusing on subsets of current and potential customers is the most
efficient way to develop a marketing program, but this immediately begs the question, which

There are literally hundreds of thousands of different ways to divide customers into subsets, also
called segments. Consider just a few of the popular market segmentations we have observed
among a variety of businesses: heavy, medium, light users; 18-to-49 year-old-women, 18-to-49 –
year-old men, older women, older men; people who look like current customers, people who
don’t; current buyers, non-users; big customers — the largest 10 percent versus nine other
customer size groups; five different benefit segments; five different personality segments; and six
different attitude segments.

In this day and age of increasing personalization, some might even argue that the U.S. offers a
number of potential target markets equal to the U.S. population.

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

4. Segmenting the Market

The key to nailing targeting is finding the most efficient, scientific way of segmenting the market
and to choose a target group based on its potential profit contribution.

For two decades the major gasoline brands were in a state of pax gasolina—they went
comfortably about doing their business, market shares changing only slightly from one year to the
next. True, there were periodic price wars and promotions characterized by giving away NFL
glasses and selling discounted Coca-Cola, but nothing so substantial as to wake the industry up
from a deep complacency.

By the mid-1990s, however, new low-price brands began showing up everywhere, and the major
brands started to work hard to differentiate themselves, with an aim toward gaining more margin
from the business. In that context, Mobil Corporation (now ExxonMobil), one of the most
innovative marketers, commissioned a large-scale study to better understand its customers and

The study results, reported in the Wall Street Journal, form the basis for the Mobil Friendly Serve
campaign. The study found five distinct consumer groups, all roughly the same size numerically.
The labels and numbers have been changed to maintain confidentiality.

         Car Buffs are generally high-income, middle-aged men who drive 25,000 to 50,000 miles a
         year. They buy a premium gasoline with a credit card, purchase sandwiches and drinks from
         the convenience store, and will sometimes wash their cars at the car wash.
         Loyalists are men and women with moderate to high incomes who are loyal to a brand and
         sometimes to a particular station. They frequently buy premium gasoline and pay in cash.
         Speedsters are upwardly mobile Gen Xers. They are constantly on the go, live in their cars
         and snack heavily from the convenience store.
         Soccer Moms are usually housewives who shuttle their children around during the day and
         use whatever gasoline station is based in town or along their route of travel.
         Price Shoppers generally are not loyal either to a brand or to a particular station and rarely
         buy the premium line. They are frequently on tight budgets and efforts to woo them have
         been the basis of marketing strategies for years.

Analysis of the data revealed that while Car Buffs and Loyalists represented only 38
percent of the population, they accounted for 77 percent of the potential profitability. Once
Mobil knew the target, it knew whom to talk to and where to find them, how to communicate with
them, in which media, about which products and services, at what price.

As the Journal reported: “These targets want classier snacks from the convenience store; human
contact; quality products; top-notch, quick service; privileges for loyal users; attendants who
recognize them; and a nationally available brand. They also want a reasonably competitive price,
but that’s not the most important consideration.”

Mobil addressed the needs of these two groups with Friendly Serve — a marketing campaign
characterized by clean restrooms, cappuccino in the convenience stores, a concierge to assist
customers, and more recently a Speedpass payment system. Stations that have implemented the
Friendly Serve program have seen double-digit sales and profit increases.

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

4. Segmenting the Market (continued)

Clearly making the right targeting decision takes time — certainly more than the five minutes
most marketers dedicate to it. Intuitively obvious target groups are rarely the most profitable so
marketers that take the time to devise a market segmentation plan and discover the most
profitable target will find themselves far ahead of the competition even this early in the marketing
strategy process.

We recommend marketers discover segments by looking at a combination of all possible market
drivers such as:

    •    Category involvement: how important purchases in this category are to the buyer?
    •    Product preference motivators: what characteristics are most motivating?
    •    Product purchasing patterns: how frequently do they buy?
    •    Media habits: what do buyers watch, read, listen to?
    •    Sociographics: how strong is their ethnic affiliation and religiosity?
    •    Demographics: what is their income, age, and level of education?
    •    Psychographics: what are their lifestyle attitudes?

How to Nail Positioning

Once a marketer has identified the financially optimal target group, the next step is positioning. In
an increasingly cluttered environment where buyers have very little time to ponder product
decisions, products and services that stand for something important or remembered for
something significant have an advantage.

A powerful positioning leads to a powerful brand. But positioning is a difficult concept because it
embodies the value proposition — the bundle of benefits and attributes a company wants to offer
buyers at a certain price to positively differentiate the product or brand from competitors.

It’s a message so clear, so succinct but so powerful that, once launched, it begins to move
customers and prospects toward the brand. Most importantly, it is a message to the target group.
Usually, the positioning is a one- or two-sentence statement — even a word — that captures the
message a marketer wants to imprint in the minds of customers and prospects. It describes your
product or service and how it is different from — and therefore better than — the competition’s.

Examples of long-running positioning strategies for companies or brands include:
   • Accepted everywhere—Visa
   • Authentic, real, original—Coke
   • Guaranteed next-day delivery—Federal Express
   • Wholesome family entertainment—Disney
   • Safety—Volvo
   • Pure, clean, natural—Ivory Soap
   • Good value for family meals—Taco Bell
   • Easy to use—Apple Exceptional
   • Performance for driving enthusiasts—BMW
   • Softness—Charmin tissue
   • Strength—Hefty plastic bags

At its core, positioning is the reason why people buy one product rather than another. They
believe it offers greater value, strength, prestige, fun, safety or nutrition (or some combination of
elements) than another product or service.

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

5. The Message

If marketers had unlimited time and a prospect’s undivided attention, they could tell him
everything about the product or service.

But a company does not have endless time, and prospects are notoriously inattentive. The most
any business can say are those few things prospects care about and will remember.

Marketers want to fix a succinct message in people’s heads to induce trial and use among
prospective buyers or reinforce current purchasing among current customers. Positioning is
valuable because when you have it, the other marketing elements follow naturally: pricing,
marketing communications and promotion, and distribution.

As you segment a market, simultaneously investigate all potential attributes and benefits that
might motivate customers in a category. These include all the ways a business can differentiate
itself: product, service, personnel, image.

At this point the company does not know if any of them actually motivate behavior. The goal is to
generate a long list of attributes and benefits that might form the basis for a powerful positioning
strategy. These should represent both attributes and benefits of the product and tangible and
intangible facets.

To uncover these attributes and benefits, a company might do a category scan, exploratory
research, personality assessment, social values analysis, emotional exploration, or some
combination of all five:

         A category scan is a close review of all the attributes and benefits, tangible and
         emotional, that competitive brands in the category employ.
         Exploratory research includes focus groups, in-depth interviews, or both. The focus
         groups do not produce the positioning, but rather ideas for the list of attributes and
         benefits. Marketers should not rely on the outcome of focus groups to make the final
         positioning decision.
         Personality assessment is an analysis based on primary or secondary data on the key
         personality traits that potentially underlie behavior in the product or service category.
         Since there are literally thousands of potential personality traits, it takes an expert to
         provide some insight into which ones might be relevant in the product category and to
         select the measures of those relevant traits a study ought to include.
         Social values analysis breaks social values and how they drive human behavior into
         eight categories. A marketer can establish how relevant each of these values is to
         consumers either directly, by measuring relevance in a research study, or indirectly, by
         inspecting secondary sources closely.
         Emotional exploration looks at people’s psychological needs and how a particular
         product or service category addresses them. All of these techniques are just as
         appropriate for business-to-business as for consumer marketers and appropriate for both
         services and products

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

Finalizing the Positioning Decision

Like the targeting decision, the positioning decision is not one that should be made in a one-hour
meeting. Since the items on the list become the elements of the brand’s positioning and the
connecting threads of an entire strategy, the list must be as all encompassing and creative as

Once a company has a list, management reduces it so it can go into a questionnaire to determine
how motivating each of the attribute and benefit characteristics is to the market target and how
buyers perceive competing brands on each of them. After marketers discover what motivates
consumers and the perception of their products or services and those of competitors, they can
rank-order a final list of category characteristics or potential positioning themes.

Now the task becomes a creative one. Marketers develop a message strategy that puts the
product or service in the most positive light. From there the advertising and marketing
communications people go to work.

         For example, facing deregulation, a tiny company called Green Mountain Power (now
         Green Mountain Energy) located in Burlington, Vermont, started to worry about
         competing with national power companies that could afford price cuts to attract
         customers. The company could not become the low-cost provider.
         Instead, it began to look at other differentiating factors for power. The company
         discovered a significant number of customers wanted clean energy and would pay more
         for environmentally friendly power. Green Mountain created a powerful positioning
         statement, “Power provided by the raging rivers of North America, the prevailing winds,
         and the sun. No coal, no nuke, no kidding.”

As the Green Mountain example illustrates, do not automatically select a low-price positioning
even in a commodity category.

Although many companies use the low-price positioning, offering the lowest price only works in
the long run when the company is in fact the category’s lowest cost producer. Otherwise the
lowest-price positioning is not sustainable and will drive the company toward bankruptcy.

Excerpts taken from
Marketing Strategy Overview                          By Kevin Clancy
Kevin is chairman, CEO, and co-founder of Copernicus Marketing Consulting and Research, a firm that provides
innovative marketing consulting and research services to Fortune 500 companies and emerging businesses worldwide.

Marketing Strategy Overview

6. Pulling it Together

Formulating the remaining components of marketing strategy should reflect the needs, interests,
habits, and behaviors of the target group and the motivating attributes of the positioning.

As emphasized throughout this tutorial, building a marketing strategy takes time. We often hear
marketers say, “I don’t have time to do the research. I need to make a decision now!” They go on
to make decisions based on intuition and gut-instinct about what they feel customers want.

Yet these same marketers somehow find the time to make the same decisions over again later
when the marketing plan is not working. They make the same mistakes repeatedly, rather than try
to get it right in the first place.

These marketers have learned the hard way that, while just about anyone can make a decision,
not everyone can turn the decision into a sustainable competitive advantage and profits. Those
that have discovered and sustained an advantage recognized the critical nature and inherent
complexity of the components of marketing strategy.

Many tools and technologies exist today to help marketers make these complex decisions; all
that’s required is the will to use them.

                                                                               ABA Section
                                                                          Membership Tactical Plan

 RECRUITMENT              Focus on increasing Section membership among current ABA members
       CAMPAIGN OR                                                 TARGET                                                                       QUANTITY
        INITIATIVE               PURPOSE/STRATEGY                   DATE                  TARGET/ AUDIENCE                         VEHICLE      REACHED       MESSAGE CONTENT

 Targeted Campaign        Using prospects list from ABA database,
 Based on Areas of        promote Section membership to ABA                     All ABA Lawyer members not currently in Section   Direct Mail              Benefits, calendar, CLE,
 Interest (AOCs)          members.                                October       with the high affinity areas of interest.         or Email                 pricing, publications.

 Targeted Campaign        Using prospects list from ABA database,
 Based on Areas of        promote Section membership to ABA                     All ABA Lawyer members not currently in Section   Direct Mail              Benefits, calendar, CLE,
 Interest (AOCs)          members.                                April         with the high affinity areas of interest.         or Email                 pricing, publications.

 Targeted Campaign        Using prospects list from ABA database,
 Based on Areas of        promote Section membership to ABA                     All ABA Lawyer members not currently in Section   Direct Mail              Benefits, calendar, CLE,
 Interest (AOCs)          members.                                August        with the high affinity areas of interest.         or Email                 pricing, publications.

                          Outline Section benefits. Include content
 Create/Update Section    such as committees, calendar, CLE,                                                                                               Benefits, calendar, CLE,
 Membership Webpage       contact information                                   All prospective and current members.              Website                  pricing, publications.

                          Include membership language on CLE
 Integrate Section        promotional material and CLE registration
 Membership into CLE      pages. Include Section dues in CLE        Subject to                                                    Website/
 Pricing and Promotions   pricing.                                  CLE calendar Prospective members interested in Section CLE.   Email

                          Include membership language on book
 Integrate Section        promotional material and bookstore pagesSubject to
 Membership into Book     Include Section dues in pricing where   Publishing                                                     Website/
 Pricing and Promotions   feasible.                               calendar      Prospective members interested in Section books. Email

Prepared by:                                                                              Page 1                                                                                10/22/2008
                                                                               ABA Section
                                                                          Membership Tactical Plan

 RETENTION                 Focus on increasing retention among current Section members
       CAMPAIGN OR                                                   TARGET                                                                       QUANTITY
        INITIATIVE                PURPOSE/STRATEGY                     DATE                     TARGET/ AUDIENCE                      VEHICLE     REACHED       MESSAGE CONTENT

                                                                                                                                                             Welcome letter, committee
                                                                                                                                                             list with join form, calendar of
                                                                                  All new lawyer Section members, excluding Law                              events, publication brochure,
 Welcome Kit/Letter        Welcome new Section members.             Monthly       Student Transfer Adds.                            Direct Mail              etc.

                           Congratulate law student transfer                                                                                                 Congratulations letter,
                           members on passing the bar and remind                                                                                             committee list with join form,
 Law Student Transfer      them of the benefits of Section                                                                                                   calendar of events,
 Communication             membership as a lawyer.               Monthly          All new Law Student Transfer Adds.                Direct Mail              publication brochure, etc.

                           Remind current Section members of their                                                                                           A year-in-review of Section
 Section Chair Letter to   membership benefits before they receive                                                                  Direct Mail              benefits and activities --
 Existing Members          their ABA invoice in late May.          May            All current Section lawyer and associate members. or Email                 substantive and "feel good"

                           Remind current Section members with                                                                      Sticker
                           outstanding dues to pay to keep the                    All current Section members with outstanding dues Placed on                Pay your dues, keep this
 Publication Stickers      publication.                             Fall Issues   balances.                                         Periodical               periodical

                           Ask current Section members who are no
 Committee Recruitment     a member of a committee to join a                                                                        Direct Mail              Join a committee letter with
 Drive                     committee.                             September       All current Section lawyer and associate members. or Email                 enrollment form

                         Supply relevant substantive content to
 ABA Journal "Widget" on Section members through existing tool
 Section homepage        provided by the ABA Journal.                             All prospective and current Section members.      Website                  Current news

                         Supply relevant substantive content to                                                                                              Substantive information
 Create/Update Young     younger Section members through                                                                                                     specific to the needs of young
 Lawyer Specific Webpage website.                                                 All current young lawyer Section members.         Website                  lawyers

 Create/Update Law         Supply relevant substantive content to                                                                                            Substantive information
 Student Specific          Section law student members through                                                                                               specific to the needs of law
 Webpage                   website.                                               All current Section law student members.          Website                  students

Prepared by:                                                                               Page 2                                                                                    10/22/2008
                    ABA Section
               Membership Tactical Plan


Prepared by:             Page 3           10/22/2008
                    ABA Section
               Membership Tactical Plan


Prepared by:             Page 4           10/22/2008
                      ABA Section of Business Law Advance III

                                 Targeted Marketing
          Lynn Barre, Jolene Yee, Wilson Chu, Linda Hayman, Tim Lupinacci,
                                and Jacqueline Parker


        We were given guidance by Lynn Barr to consider Targeted Marketing in terms
of Substantive Areas of Practice/Industry and Types of Lawyers. In terms of Substantive
Areas, the question arose whether there were trades/categories on which we should focus,
and why. For Types of Lawyers, we considered in-house lawyers, academics, etc. But
overall, we grappled with the question, “What do you mean by Targeted Marketing?”.

        Robert Rupp suggested that our task was “to develop an ongoing standard method
to analyze and break down the enormous landscape that is the Section into its most
saleable granular components with a clear method in place to parlay those components
into the highest return on marketing dollars . . .” This seemed like an enormous task, and
we tried to break down the request into more digestible components.


       We reviewed the Sections current Targeted Marketing activities with Robert,
which are as follows:

               Monthly mail to any new member of the ABA that did not also join the
               Section and has indicated that they practice in one or more of 25 pre-
               identified business law areas of concentration
               Work with committees to identify target markets in their substantive area
               and generate a customized marketing plan to recruit Section members and
               non-Section members to their committee (new initiative)
               Annual Campaign to In-House Counsel
               Marketing Campaigns around new books


       We did not want to re-invent the wheel, so after a number of conference calls, we
decided to break down the marketing goals into two broad areas: Practice Settings and

Practice Settings

       In looking at Practice Settings, we considered a number of alternatives:
              In-House Counsel
              Newer (versus young) Lawyers
              Young Lawyers
               Law Firm Lawyers, Specifically, Mid-Level Law Firm Lawyers
               International Practitioners
               Expat Lawyers

      In the end, agreed to focus on the goal of Improving marketing to in-house
counsel and lawyers in practice 6 – 7 years (Young Lawyers).

               Make marketing to in-house lawyers a priority
               Benefits: Increased participation by in-house counsel will draw greater
               numbers of law firm lawyers
                      Improve content delivery on websites
                      Make other aspects of content more accessible
                      Define how the Section is different/better than competing
                      organizations for in-house counsel

        We determined that focusing on In-House Counsel would likely bring the Section
benefits above and beyond the benefits that focusing on other practice settings might
bring. This goal advances the Section’s goals by bringing viewpoint diversity to
meetings and by drawing outside counsel (increasing membership and relevance). Before
embarking on a full-fledged campaign, however, the Advance III team suggests the

           •   Conduct a cost-benefit analysis of acquiring in-house lawyers
           •   Consider how the ABA and Section can provide benefits that are
               different/superior to what ACCA provides its members.
           •   Consider Group Billing for Corporations

       We also considered other groups, for example “new lawyers”:

               Considered goal of targeting lawyers 6 -7 years in practice
               6 – 7 years “sweet spot”
               One idea was to work with law firm department heads to show benefits of
               Section membership for this group; concentrate on alternative content
               delivery; leverage one-day new lawyer programs; and train current
               leadership to be more inclusive and “friendly” to young lawyers

       We determined that this category carried certain downsides:

               Not clear that there are benefits specific to newer lawyers (i.e., the things
               that draw them would also draw other lawyers)
               Some feel “age” is not a good measure

       Despite the potential downsides, the Advance III Team decided that the benefit of
bringing in these young lawyers outweighed the downsides. The Team recommends:
                  •   Capturing Young Lawyers
                  •   Target Employers of Young Lawyers
                  •   Consider group billing
                  •   Consider how we should target them (membership? Content?)

       In both cases we will want to determine how to measure whether we are
successful in attracting members of these groups.

       We also considered Law Firm Lawyers, and there was some question around how
we could fashion the right message. We discussed the notion that we should not focus on
or push CLE opportunities (firms do that well, and more economically), but that we could
push opportunities to improve the profession. We also noted that a focus on law firm
lawyers would require messages specific to the firm (hence, not enough bang for the

       This opportunity also carried downsides:

               Somewhat dependent on/limited by the “Big ABA”
               Pursuit of Law Firm lawyers means showing how they can do good for
               others and do good for themselves

       We also considered
                 o International Lawyers and noted that there was plenty of
                     opportunity BUT lots of others working on this initiative
                 o And Expats (same as above)


       Our second goal(s) focuses on Approaches. We decided that another goal should
be to Leverage our existing Assets:

               Use our Committees
               Use our Publications

We have a national network of lawyers that gives members a seat at the table in
drafting/implementing laws, statutes, regulations, etc. We should use these assets to our

Leverage our Committees: We should package the benefits/products of our best
committees and create a marketing campaign based on this package.

       Review recent campaign using Negotiated Acquisitions (stellar results!)

       Leveraging our Committees advances Section Goals by
               Highlighting the preeminent lawyers in specialized fields involved with
               the Section
               Granting access to cutting edge legal issues, trends and best practices
               Presenting immediate knowledge of developing and evolving areas of
               interest within specialized fields

Leverage our Publications: We should work with Publications Board to monitor
upcoming releases and develop marketing campaigns based on industry trends and new
publications. We need to show the benefits of our publications: Top quality content at a
discounted price!

Duel Focus: The Advance III Team also suggested looking at how we can implement a
“duel approach”, i.e., using our existing assets to target certain demographics (for
example, using benefits of the Committee on Corporate Counsel to conduct a substantive
push to recruit more in-house counsel.


In the end, we tried to focus on getting the biggest bang for the buck. We feel the goals
of focusing on in-house counsel and leveraging our committees and publications fulfills
the BFTB mentality, allowing us to focus our energy and use those assets that can
provide us the best possible return on investment.
                          ADVANCE III FINAL REPORT


                                    March 1, 2008

Members of Subteam:

Amy Boss, Maury Poscover, Matthew Nelson, Karen Mathis, Don Lampe (Leader)

Brief Process Description: Subteam developed initial report dated 17 December 2007,
based on conference calls and other exchanges of ideas, and met at Advance III in
Laguna Niguel, CA 9 & 10 January 2008

Key Questions/Membership Retention (as provided in Advance III materials):

(1)    Why do members drop from the Section?

(2)    Are there trends in membership losses that reflect a decline in the Section’s

(3)    If so, how can the Section adjust its membership services to address these trends?

Initial Concerns of Team/Barriers to Strategic Thinking and Strategy

       (i)     Distinguishing between “membership retention” and promotion of
               membership to new members;

       (ii)    Politics and positions of the American Bar Association being antithetical
               to business lawyers and hurting retention;

       (iii)   Law firm and in-house counsel budgets restraining involvement due to
               cost and perceived lack of value;

       (iv)    Aging of ABA membership and notions that younger lawyers/millenials
               are not “joiners” and cannot see value of Section of Business Law
               membership after law school; and

       (v)     Promulgating “strategic” suggestions and solutions for membership
               retention, when suggestions for change inevitably emerge as tactical
               and/or practical.
Initial Brief Responses to Key Questions * :

(1)        Transition from law student to practicing attorney; “aging out” or leaving the
           profession; leaving the practice area; cost and perceived lack of value; change of
           jobs and new employer does not pay dues; neglect of dues notices; political views
           at odds with ABA.

(2)        Perhaps. Younger lawyers are not “joiners” and may not feel connected to the
           larger group; increased competition for CLE dollars and perception that SBL is
           only a CLE provider; costs of meetings in particular may deter involvement,
           particularly when compared to other outlets for CLE and professional networking.

(3)        See discussion below – better promotion of “value proposition”; improvement of
           website; focus on content distribution, particularly to meeting non-attenders.

Outline Final Report:

A. Findings from Advance III Discussions

           •    Great deal of overlap and “common themes” among Teams and Subteams –
                communicating the value proposition, content distribution, aging of
                membership, trade groups and other organizations providing content (and
                competition), Section not “nimble” enough to handle breaking topics, etc. –
                many of these factors drive membership retention

           •    Strong correlation between membership retention and joining of Committees;
                if a SBL member joins a Committee, far more likelihood of remaining active
                in the Section

           •    Membership Survey shows moving in and out of Sections is more common;
                clear need to create “stickiness” for our Section; may be easier to retain
                members than find new ones, i.e., the member you have is the one you want to

           •    Common (mis) perception that joining a Committee involves work – members
                believe that if a member joins a Committee, he/she will be required to do
                work or spend time on “mandatory” Committee activities – members seem to
                see “detriment” and not benefit of Committee membership

           •    Some Committees have tried new or innovative approaches to get and retain
                new members, with demonstrated success, e.g., Negotiated Acquisitions,
                Consumer Financial Services, but innovation often tied to handling of
                breaking topics and substantive relevancy, not always accommodated in
                current Committee structure

    The Subteam did not limit its discussions to these questions

      •    Section technology or interfaces with members, e.g. website, email
           communication, are not up-to-date and helpful enough to members,
           particularly younger members

      •    Just sending more emails is not the answer – members already feel inundated,
           in their daily work lives

      •    Access to content and content distribution is key to retaining members –
           members do not know how to access content and content (e.g., website) may
           not be easy to access

      •    Members may not understand the full value of membership, including access
           to content, and may be receiving “information overload” about the benefits of
           membership and how to avail oneself of same

      •    For younger people especially, creating “communities” seems to attract and
           keep people involved – not substantive “silos” created by Committee
           structure, but a wider sense of belonging, such as Facebook

      •    Only a small percentage of members actually attend Meetings – content
           distribution, technology important to reaching and keeping non-attender

B. Strategic Implementation

      1.      “Membership retention” – holding of members and communicating the

              a.      “Holding” members once they have joined the Section

                      i      Promotion of Committee membership BUT we must negate
                             the assumption among members that Committee
                             membership means more work or increased time

                      ii     Making members, particularly younger members, feel
                             welcome at meetings – the benefit of Committee
                             membership – shouldn’t every Committee of any size have
                             a Young Lawyers Subcommittee?

                      iii    Identify and share the actions of Committees, such as
                             Negotiated Acquisitions and Consumer Financial Services,
                             that have seen success in retaining members – the “secret

              b.      Rethink the quality of member services and its impact on retention

            i      Improvements to website, to be more user friendly and
                   intuitive – ABA/SBL have “fallen behind”

            ii     Access to content and content distribution – access via
                   website; emailing/content-driven e-newsletters; other
                   methods, such as listservs or web communities

2.   Study the relationship between law firms and retention and implement
     steps to ramp up retention

     a.     Large, corporate-oriented law firms showing reduced support of
            Section and not encouraging lawyers to join the ABA and the
            Section and not paying for it

            i      Lack of understanding of the value of SBL membership
                   among law firm leaders

            ii     Cost-consciousness and not seeing tangible value – not just
                   dues, but expense of meeting attendance

     b.     What can be done to reverse this trend?

            i      Direct calling campaign by SBL volunteers – meetings with
                   law firm leaders

            ii     Solicitation of and “sales” to non-U.S. firms and lawyers –
                   Western Hemisphere (Canada; Mexico; Brazil); Pacific
                   Rim; EU

            iii    Cogent, focused promotion of “value proposition” in
                   written materials, website, etc.

            iv     Consideration of communications with general counsels in
                   larger legal departments

3.   Emphasize the “value proposition” of membership – do Section members
     really know what they are getting by virtue of membership in the Section?

     a.     Effective communication with members – are we doing the best we

            i      Development of better campaigns to publicize benefits of
                   membership – clear demonstration of value in cost/benefit

            ii     Simplification and focus of messages – members likely
                   getting “too much information” and basic messages getting
                   lost, in the process

                 b.     Creative and efficient ways to be reach out to and establish
                        “stickiness” among members who do not attend meetings (Annual,
                        Section Annual, etc.)

                        i      Consensus that Committee membership drives retention

                        ii     CLE’s conducted online, via teleseminar, podcast or other

                        iii    Content distribution and availability

                               a.     Cost

                               b.     Website “upgraded” to accommodate and promote
                                      availability of substantive content

                        iv     Communication – email is preferred, but is overused –
                               what about blogs? Dedicated websites?

                        v      Importance of tying membership retention into promotion
                               of content distribution and other “free” resources that go
                               along with membership

4.     Creating “community”

       a.        Can a Committee or numbers of related Committees create a

       b.        Consider sending out a “surveymonkey” email to each Section member,
                 find out interests of member, invite him/her to join a “community” – a
                 Committee or number of Committees

       c.        Consider web portals with any number of related Committees, with easy
                 access to content

       d.        Weblogs, listservs, other techonology-driven ways for members to identify
                 with “community”- tap into Interactive Services Division of ABA and
                 become early adopters/guinea pigs


WCSR 3856902v1

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