Barnett says lawyers must keep pace with changing times

first_img July 15, 2000 Associate Editor Regular News Barnett says lawyers must keep pace with changing times Mark D. Killian Associate Editor The legal profession is in transition and if lawyers ignore the inevitable changes ahead, they run the risk of sacrificing the profession’s core values. “It is no secret that we are in the midst of a sea change the likes of which the business world — and most especially the legal profession — has never seen before,” ABA President-elect Martha Barnett told those gathered at the 50-year member luncheon at the Bar’s Annual Meeting in Boca Raton. The current debate about multi-diciplinary practices — now prohibited to the extent they involve fee splitting and nonlawyer partnerships — is a good illustration of one of the significant challenges lawyers have in dealing with the dramatic changes facing the profession, said Tallahassee’s Barnett. “The law firm of the future might be a virtual one without walls, or an accounting firm, or a professional services firm,” Barnett said, adding that she expects MDPs to become common. Barnett said as early as the 1920s, the Canons of Ethics prohibited MDPs and cautioned lawyers against being “controlled or exploited by any lay agency, personal or corporate, which intervenes between client and lawyer.” Those prohibitions have been codified in the Model Code of Professional Responsibility and Rule 5.4 (which embodies the prohibitions on fee splitting and partnerships) has been adopted in some version by almost every jurisdiction except the District of Columbia. In the 1980s, Barnett said, a special ABA commission examining the Code of Professional Responsibility recommended the restrictions be lifted, finding that relationships between lawyers and nonlawyers would not adversely affect a lawyer’s independent judgment or vigorous representation of his or her clients. When it was presented to the ABA House of Delegates, however, it was soundly defeated, she said. But the MDP debate has been renewed with at least 40 states and local bars now having commissions evaluating the impact of any changes. “The Florida Bar is one of the states that oppose MDPs,” Barnett said. “Others support relaxing the rules. Most are still studying.” Barnett said the same concerns that characterized the MDP debate in the 1920s, 1960s, and 1980s are present today — the impact on the core values of the profession — independence, confidentiality, loyalty, competence, and public service. “They are legitimate and no less valid or important,” Barnett said. “But things have changed. The world has changed.” Those changes, Barnett said, include: Similar changes in other professions such as banking, insurance and financial firms combining or communications companies bringing TV, radio, the Internet and other services together. Globalization of the economy. Client demands for efficiency and one-stop shopping. center_img Lawyer demands for efficiency one-stop delivery mechanics. “I believe those changes will impact the ultimate resolution of the issue, although they may not effect the outcome of the immediate debate in the profession,” Barnett said, noting the Conference of Chief Justices will take up MDPs at its fall meeting and four proposals — including one to abolish the ABA special MDP commission — have been filed for consideration at the ABA Annual Meeting. Barnett says lawyers must keep pace with changing times “We should ask if some of the opposition is the natural resistance to change, whether we are using our concept of core values as a shield or an excuse,” Barnett said. “Are we afraid of losing something more than the core values? Perhaps the status quo?” She said lawyers now have the chance to seize the future by using their expertise and commitment to the profession’s core values to shape the future. “Or, we can ignore the inevitable changes that are taking place and run the risk of losing something very important,” Barnett said. She said she recently came across an analogy that captured her concerns for the profession. It compared the legal profession to the Titanic. “Thought to be the most secure of human creations, both its builders and those who sailed it saw it as unsinkable,” Barnett said. “Indeed, books and films about the Titanic’s voyage suggest that the principal focus of both passengers and crew was upon what happened aboard the ship itself — who was entitled to eat with the first class passengers, what the dress was to be for a given evening, which persons were entitled to the captain’s time.” The drama of the Titanic story, Barnett warned, is while those on the ship were focused inward, important events were happening in the environment around them. “The significant reality took the form of an iceberg whose impact might well have been predicted if only those in charge had been paying attention,” Barnett said, wondering if the legal profession is in the position of the Titanic. “While it is not going to sink in the next 12 hours, for too long I believe we have focused our attention on our history, our traditions, and our interests — as noble as they may be — and have ignored what is happening around us,” she said. “Our friends in the accounting profession have actually done us a big favor with their competitive intrusions in the practice of law,” Barnett said. “I think they have woken a sleeping giant. I hope so.” The challenge for the profession is to preserve the values and time-honored principles that have always distinguished lawyers. She said values such as service to clients, to the public and to the poor must continue to guide the profession. “Principles, such as the independence of the judiciary and just as important, the independence of the lawyer, must be honored and protected,” Barnett said. “It is our responsibility to make the constitutional promise of access to justice a reality. As we settle into this new century and get comfortable with the new millennium, it is more important than ever.” Barnett also said the profession is increasingly under attack by those who want to deliver legal services but don’t want to get a law degree, and now by elected officials. “Similar things are happening around the country,” Barnett said. “Judge bashing has become all too common. It is one thing to criticize a particular decision on the merits; it is quite another to `label’ the judge and threaten impeachment.” Barnett said lawyers must find ways to ensure the profession remains a profession and does not become just another lucrative business opportunity. “In order to preserve our cherished core values, they must continue to have relevance, not just to lawyers, but to the public and to our clients,” she said.last_img
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Lawmakers look to attract tech companies

first_imgIndianapolis, In. — Indiana Senate Committee on Tax and Fiscal Policy committee members have passed a bill designed to attract data centers and large technology companies to Indiana. House Bill 1405, authored by Ed Soliday (R-Valparaiso,) is the most aggressive data center economic development initiative ever proposed in Indiana. It would provide financial incentives and tax exemptions for data center equipment and energy purchases to companies locating in qualified centers within the state.Digital Crossroads, a data center complex currently under construction in Hammond, Indiana, is one organization which will benefit from the tax exemptions.“We are thrilled by the unanimous decision to move HB 1405 to the Senate floor and ensure that Indiana remains a top choice for data center construction,” said Tom Dakich of Digital Crossroads. “I applaud Rep. Soliday for his foresight in authoring the bill, Senator Messmer (R-Jasper) for serving as lead co-sponsor in the Senate and Rep. Pressel, Rep Lehman, Rep Jackson, Rep Harris, Rep. Huston, Senator Holdman, Senator Melton and Senator Randolph for co-authoring, co-sponsoring and supporting this important legislation.”During committee, an amendment was added to the bill which creates an additional exemption for construction costs if 75 percent of materials, professional services and labor used for rehabilitation or construction for the qualifying data center is sourced from Indiana vendors.“We support Hoosier businesses and are very excited about the inclusion of the Buy Indiana amendment to HB 1405,” said Peter Feldman, CEO of Digital Crossroads. “With Digital Crossroad located in Hammond, Indiana, it only makes sense to source a majority of our construction materials and labor from our neighboring businesses in Lake and Porter Counties.”HB 1405, which passed the Indiana House of Representatives by a vote of 95-1 on February 19, now proceeds to the Senate floor.For additional information about Digital Crossroads of America Data Center click here.last_img read more

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Huge response for TUSLA’S appeal for new foster carers

first_imgTusla, the Child and Family Agency has received 350 enquiries from the public following the agency’s first-ever national public awareness and recruitment drive for new foster carers.The organisation’s National Fostering Week took place from the 14th – 20th October last.Since then the agency has received dozens of calls, emails, and online applications on a daily basis from people who are interested in becoming foster carers. The campaign aimed to challenge common misconceptions about foster care eligibility, and encouraged people from all walks of life to consider providing a loving, stable home environment to a vulnerable child.Patricia Finlay, Service Director and national lead for fostering, Tusla said they are deeply grateful that such a large number of people have got in touch with Tusla requesting information on how to become a foster carer.She said “We have also been overwhelmed with the support from a range of other stakeholders too. I urge anyone who has an interest in becoming a foster carer to contact us, and we will provide them with details and advice about what fostering entails.“Our need for carers is particularly acute in the greater Dublin area, and in larger urban communities. “There are currently 4,254 foster carers in the Republic of Ireland. We are mindful, that in the course of family life, emergencies and incidents happen that require out-of-hours support. To assist foster carers in these situations Tusla now offers emergency out-of-hours phone line support 365 days a year for Tusla foster carers (1890 800 511).“In addition, the Government recently announced that foster carers will now be entitled to insurance cover from the State in their role as foster carers.Tusla is very keen to ensure that existing, and a new generation of foster carers feel rewarded and valued for the hugely important and positive influence they have on the lives of children in their care.“It is essential that we provide them with optimum support, guidance, training and encouragement in the course of their family life.”Members of the public wishing to contact Tusla about fostering can call freephone 1800 226 771, email [email protected] or visit fostering.ie. Huge response for TUSLA’S appeal for new foster carers was last modified: November 22nd, 2019 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)last_img read more

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Local legend Fergus is a poet – now you know it!

first_imgConvoy Native and local entertainer Fergus Cleary will launch his book of poems next Wednesday 27th November in the Regional Cultural Centre, Letterkenny. An open invite is going out to friends, family and the wider community to come along to support Fergus on the night. All profits from the sale of the book will be donated to local charities.Fergus Cleary only started putting pen to paper in recent years and has taken to it like a duck to water. Fergus has already written a number of stage plays including the very successful Island Wake which is still being performed around Donegal.But now he has amassed a collection of 134 humorous poems and short stories in a book entitled “The Poet Who Doesn’t Know it”.Fergus said, “I just sit down and write the first thing that comes into my head, not knowing where I’m going or where I’ll end up”. I worked as a psychiatric nurse in St Conal’s hospital during the day and played music in different show and wedding bands for 44 years and never had the time to write. But now that I’m retired from both, I have been putting pen to paper a lot”.Fergus continued “I started writing poems and stories a few years ago and before I knew it I had over one hundred poems written. So, I decided to put them in a book so I wouldn’t forget them”. My niece Helen Crossan typed up all the poems, corrected all the spelling mistakes and got them ready for publishing. Jarlath Duffy designed the cover and I’m very grateful to both of them for the support.” In 2019, the Letterkenny Gaels senior Scór Group adapted a recitation written by Fergus, entitled Packie McNamee, to produce a short play to compete in the national GAA Scór competition.The group went all the way to the All-Ireland Final (last four) and were narrowly beaten by one point in Castlebar earlier in the year. The Letterkenny Gaels junior Scór group will perform Packie McNamee in the Regional Cultural Centre on Wednesday night. A performance not to be missed.Fergus will read a number of poems from his book and other entertainment will be provided by a host of local talent on the night.The book launch will start at 8pm on Wednesday 27th November in the Regional Cultural Centre. There will be a second launch night on Wednesday 4th December in Keys Hotel Stranorlar.Finger food and refreshments will be served on the night and everyone is welcome to come along to either night. Local legend Fergus is a poet – now you know it! was last modified: November 29th, 2019 by StephenShare this:Click to share on Facebook (Opens in new window)Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Reddit (Opens in new window)Click to share on Pocket (Opens in new window)Click to share on Telegram (Opens in new window)Click to share on WhatsApp (Opens in new window)Click to share on Skype (Opens in new window)Click to print (Opens in new window)Tags:Fergus ClearylaunchPoetry. Booklast_img read more

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Last Call: GIFF Videos Due July 1st

first_img SharePrint Related5 Tips for getting your video into GIFF 2015June 15, 2015In “Community”Calling all filmmakers! Create a film for GIFF 2019May 7, 2019In “News”6 Tips for Submitting a Film to GIFFApril 3, 2017In “Community” When you log a geocache, do you secretly practice your movie star autograph? Well, here’s your chance to put all that practice to good use. At this year’s Geocaching Block Party, we’re going to showcase geocacher stardom with the second annual Geocaching International Film Festival. Films can be in any family-friendly genre: narrative, documentary, music video, animation, experimental, etc…If you are “spoiling” a geocache in any way in your film, you must have geocache owner permission.Film length must not exceed 4 minutes (including credits)Only 2 submissions per person will be accepted. A separate submission form is required for each entry.Non-English language films are encouraged, but must be subtitled in EnglishNo submission feeFinalists will be selected to screen at the second annual Geocaching International Film Festival from 8pm–10pm on August 15, 2014.Awards will be announced directly following the screening. You do not need to be present to win an award. A single film can win more than one award.Submission deadline: July 1, 2014Think you have what it takes to be a geocaching star? Read these 5 tips for getting your film into GIFF. Then, submit your film.Share with your Friends:Morecenter_img General Ruleslast_img read more

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You Need Insight Plus Rapport and Relationship Skills

first_img Get the Free eBook! Want to master cold calling? Download my free eBook! Many would have you believe that cold calling is dead, but the successful have no fear of the phone; they use it to outproduce their competitors. Download Now Is it insight? Is it relationships? What is that salespeople really need to succeed? Low Insight, Low Rapport (Time Waster): Having low insight and low rapport and relationships skills makes you a time waster. Most people in this category find selling to be exceedingly difficult. This doesn’t make them bad people; it just makes them bad salespeople. They’re just in the wrong role. The problem with unleashing them on your prospective clients it that they create no value.Low Insight, High Rapport (Order Taker): There are some people who are simply magnificent at developing rapport and relationships. In the old days, you might be able to do okay without having any real business chops, but today having only rapport makes you an order taker. Salespeople in this category do okay when their prospects come to them and already know what they need. And many will gain the business acumen and situational knowledge over time, moving to the above quadrant.High Insight, Low Rapport (Obnoxious Know-It-All): The smartest person in the room isn’t the smartest person in the room. If they were really smart, no one would know that they are the smartest person in the room. Insight is useless if people resist you because you don’t leave them any room. If you don’t care, if sharing what you know is all about you, your insights won’t allow you to create value. It’s tougher to get better at relationships than it is to gain insights.High Insight, High Rapport (Trusted Advisor, Consultative Salesperson): This is where the real action is. If you want to put your insights, your business acumen, and your situational knowledge to work, the people skills are what will allow you to do so. If you want to create an opportunity for change, you need to know what needs to be changed, but you also need to be trusted to make that change. If you want to build consensus, you damn well better have the people skills. This is where the highest level of value is created. But it isn’t easy to get here.It isn’t enough to be armed with ideas–even ideas that can make a difference. You also can’t get by with killer relationships skills and zero chops. You need to work your way to the upper right quadrant to be a trusted advisor, Level 4 Value Creating™, consultative salesperson. This post was written as part of the IBM for Midsize Business program, which provides midsize businesses with the tools, expertise and solutions they need to become engines of a smarter planet.last_img read more

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