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PRESIDENT’S MESSAGE
Hello from Myrtle Beach, SC. I am currently si�ng outside on my balcony listening to the waves hit the beach. The sun is star�ng to poke out on the horizon and the peace and calm of my surroundings is all encompassing. You could say it’s my “calm before the storm,” before all the excitement the 4th of July brings: parades, cookouts, fireworks and a healthy dose of Red, White and Blue.
Thank you to the Members and Business Partners for a�ending our Axe throwing event on June 18 at Dueling Axes. We had a great �me learning how to “safely” throw axes, sipping drinks and catching up with
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INSIDE THIS ISSUE
President’s Message ................. 1-2
Ge�ng in the Accoun�ng Weeds ................................................. 1, 8-9
Thank You Business Partners .... 3
Calendar of Events.................... 4
Aspen Careers Ad ..................... 5
Diversity & Inclusion Q&A ........ 6
Affinity Ad ................................. 7
Dawson Ad ............................... 10
Community Service: Ronald McDonald House Dinner Service—Volunteers Needed ..................................... 11
Unishippers Ad ......................... 12
Ques�ons You Need t Ask Every Valued Employee .................................. 13
Ri�er’s Office Ou�i�ers Ad ...... 14
ALA E-Learning Courses ............ 15
Dueling Axes Photos ................. 16-17
ALA 2019 Conferences ............. 18
Member Anniversaries ............. 19
ALA An�trust Guide .................. 20-21
Chapter Board & Commi�ees .. 22
Member Change Form ............. 23
UPCOMING EVENTS:July 16—12:00—1:00 pm: Chapter Mee�ng at Squire Pa�on Boggs, Roundtable DiscussionsJuly 23—Dinner Service at the Ronald McDonald House—Volunteers Needed
July 2019
COLUMBUS CHAPTER NEWS
Lori PorterColumbus Chapter
President
GETTING IN THE ACCOUNTING WEEDSBy KYLIE ORA LOBELL, Freelance Writer
Cost accoun�ng can help firms determine just how profitable they really are.
A law firm may look like it’s successful on the outside. Partners are genera�ng record money, year-over-year growth is occurring, employee salaries are rising and the firm is bringing in increasingly bigger clients.
However, the firm might not be as prosperous as partners and legal managers believe. Without peeking behind the curtain and looking at the numbers, firms can never be quite certain that they are mee�ng their goals and exceeding their expecta�ons.
“Law firms have historically been viewed as professional organiza�ons providing valued services for the benefit of their clients while working together in a respec�ul,
Con�nued on Page 8
“This month we are holding a roundtable discussion on hot topics sent in by our members.”
PRESIDENT’S MESSAGE, CONTINUED FROM PAGE 1EDITORIAL POLICY
The Columbus Chapter News is published monthly for the educa�on and benefit of legal administrators. It is not published for the purpose of rendering legal, accoun�ng, or other professional services or advice. Nothing contained in this newsle�er should be construed as legal, accoun�ng, or other professional services or advice. Reprint of ar�cles contained in this newsle�er requires the wri�en permission of the Editor of the Columbus Chapter News.
ALA MISSION STATEMENT
The Associa�on of Legal Administrators’ (ALA) mission is to promote and enhance the competence and professionalism of all members of the management team; improve the quality of management in law firms and other legal services organiza�ons; and represent professional legal management and managers to the legal community and to the community at large.
COLUMBUS CHAPTER, ALAMISSION STATEMENT
The mission of the Columbus Chapter Associa�on of Legal Administrators is to provide a local forum of professional and educa�onal enrichment to improve the quality of management in law firms and other legal services organiza�ons. We are also commi�ed to giving our �me and talent to the community.
friends and colleagues, new and old. Special congratula�ons are in order for winner of the Dueling Axes tournament, Bernie Potcanowitz with ComDoc. It was a fun experience and I am lucky to have shared it with you!
Our July 16th Chapter mee�ng will be at Squire Pa�on Boggs. This month we are holding a roundtable discussion on hot topics sent in by our members. It is sure to be an informa�ve mee�ng and one that you won’t want to miss. A big thank you to our Business Partners at Unishippers/Pro Couriers and Ri�er’s Office Ou�i�ers for sponsoring the mee�ng and to Squire Pa�on Boggs for hos�ng.
Take care and enjoy the many days of summer ahead!
Lori Porter
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Are YOU ready to give back to the community with no �me commitment involved? All it takes is loose change (or bills if you’re so
inclined). You know, the dime you walk by on the street, the change jingling around in your pocket, purse or car cup holder. Yep, it’s that simple. Our “Change for Children” campaign began at the May chapter mee�ng and will con�nue throughout the year. The dona�on bucket will be next to the sign in sheet. Our goal is to fill the bucket and we are confident you will step up to the challenge. All money collected will be used to purchase gi� cards
for the Homeless Families Founda�on.
GOLD SPONSORS
Affinity Consul�ng Group Dawson
Unishippers/Pro Couriers
SILVER SPONSORS
ComDoc EpiqGlobal
First Choice ServicesMinuteman Press
of Dublin
Ohio Bar Liability Insurance Company
Premier Office Movers
Ri�er’s Office Ou�i�ers Robert Half Legal
The Columbus Chapter, Associa�on of Legal Administrators, appreciates the support of our Business Partners. Business Partners are Vital to Our Success. Visit our Business Partner
page on the Columbus Chapter website: www.alacolumbus.org
PLATINUM SPONSOR
ASPEN CAREERS, LLC
BRONZE SPONSORS
Allstate Legal Design Collective Fiber-Seal of Central Ohio
Roby Foster MillerEarick, Inc.
TAH Benefits Veritrak Systems
IST Management Rippe & Kingston LLC
CALENDAR OF EVENTS
16—Tuesday—12:00 pmMonthly Chapter Mee�ngSquire Pa�on Boggs41 S. High StreetRoundtable DiscussionsMee�ng sponsored by Unishippers/Pro Couriers and Ri�er’s Office Ou�i�ers
23—Tuesday—4:30 pmDinner Service at the Ronald McDonald House—volunteers needed
30—Tuesday—12:00 pmChapter Board Mee�ngBricker & Eckler LLP
ALA Webinars:9—Tuesday—3:00 pmThe Ins and Outs of Payroll, Taxes and Repor�ng16—Tuesday—3:00 pmPu�ng Out Fires: Hot Topics in Law Firm HR17—Wednesday—3:00 pmJuly’s Hot Topic25—Thursday—3:00 pmBright Insights: Shedding Light on the Challenges and Trends Facing Today’s Legal Sector
ALA Events:25-27Chapter Leadership Ins�tuteLexington, KY
20—Tuesday—12:00 pmMonthly Chapter Mee�ngSpeaker, Topic and Loca�on to be AnnouncedMee�ng sponsored by Dawson and ComDoc
27—Tuesday—12:00 pmChapter Board Mee�ngBricker & Eckler LLP
ALA Webinars:6—Tuesday—3:00 pmHow to be a Hero in Your Next Office Lease Transac�on14—Wednesday—3:00 pmHow to Skyrocket Your Personal Brand with Social Media: The Personal Branding Power Hour22—Thursday—3:00 pmPerformance Appraisals in Law Firms: Yes, They Do Ma�er
19—Thursday—1:00—4:30 pmMember/Business Partner EventTop Golf
24—Tuesday—12:00 pmChapter Board Mee�ngBricker & Eckler LLP
ALA Webinars:4—Wednesday—3:00 pmAmplifying your IQ (Innova�on Quo�ent)10—Tuesday—3:00 pmCon�ngency Plan—Is Your Firm Financially Prepared for the Unexpected? Brought to you by NextPath Legal18—Wednesday—3:00 pmTime Management in the Ne Millennium18—Wednesday—3:00 pmCurrent Long-Term Care Insurance Marketplace: What’s Available for My Firm25—Wednesday—3:00 pmRe�rement Planning—Naviga�ng the Planned Exit from Prac�ce Brought to you by NextPath Legal
ALA Events:18—Legal Lean Sigma and Project Management Yellow Belt Cer�fica�on CourseBoston, MA18—20—C4: The Legal Industry ConferenceBoston, MA26—Intellectual Property Conference for Legal Management ProfessionalsWashington, D.C.
Individual subscrip�ons and bundles are available in unlimited, five-coupon, ten coupon, and CLM bundles. Visit the ALA website for more
informa�on. If you would like to host a webinar, and at least five chapter members a�end, the Columbus Chapter will pay for the webinar.
Please contact Lori Porter at [email protected] if interested. Visit the ALA web site for eLearning Course details.
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September 2019
In this month’s Diversity & Inclusion ar�cle, Diversity & Inclusion Chair Kelly Atkinson addresses the topic of privilege and what it means.
Q: One of the ques�ons on our self-evalua�ons is “How have you personally furthered the Firm’s commitment to Diversity & inclusion?” Every once in a while we get a snarky comment from someone in response to this ques�on. How can I tac�ully have conversa�ons with people who don’t share the firm’s D&I vision?
A: Such a great and relevant ques�on. There are surely lots of ways to approach this, and nothing beats having a rela�onship with someone before having this conversa�on. However, without context, here are some ideas of how to go about having those difficult conversa�ons:
1. Never make assump�ons. You may think you understand his opinion based on a snarky comment, but first, clarify the why behind his comment. The reason for it may not have anything to do with his approval or disapproval of the firm’s diversity and inclusion vision, but rather a misunderstanding of the self-evalua�on ques�on itself or what the firm is asking of him.
2. Respect her point of view. Ask her to explain where she’s coming from. Remember that each of our experiences provide us with our own unique ideas as to what makes sense in this world. Her past (or even just her view of it) may look very different from yours. If her only experience with something related to diversity and inclusion translates to giving people things that aren’t deserved, she may simply need to be�er understand a more true defini�on of the terms and the firm’s vision.
3. We can almost always do a be�er job of communica�ng our firms’ diversity and inclusion visions across all levels of our organiza�ons, and even externally. As law firms, we must sell the services we provide in a way that clearly ar�culates our value proposi�on to prospec�ve and exis�ng clients. We should also u�lize those skills to express the reasons behind why both diversity and inclusion ma�er to our firms. Doing so in such a way that each person in the firm feels included in the solu�on makes it most effec�ve. Everyone should know that the vision doesn’t only affect a small minority of people, but the en�re firm.
4. Finally, keep in mind that not everyone starts at the same place with diversity and inclusion, and we’re not all going to end at the same place either. Consider it a trend line, with the goal of moving someone in the right direc�on along that line. You may not get a ‘2’ to a ‘10,’ but you could get that person to a ‘4’ or maybe even an ‘5.’ And that’s progress.
Please email Kelly at [email protected] with ques�ons or challenges you would like answered in upcoming issues of Columbus Chapter News.
Commi�ee Members needed: Kelly is looking to add interested members to the Diversity & Inclusion commi�ee. If you are interested in joining, or would just like more informa�on, please contact Kelly.
SAVE THE DATE for this year’s Educa�onal Seminar on Diversity & Inclusion on October 8, 2019. Look for more details soon!
Kelly AtkinsonDiversity & Inclusion Chair
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Ge�ng in the Accoun�ng Weeds, con�nued from page 1
professional manner,” says Michael Leddin, Execu�ve Director of law firm Segal McCambridge Singer & Mahoney. “This may well remain to be true, but at their core, law firms are businesses with owners and the goal [is] to generate revenues and profits.”
If law firms haven’t already, they need to start using cost accoun�ng to truly know if they are profitable. When they u�lize cost accoun�ng, they can see if they are on the right track and taking all of their expenses into considera�on.
“Whether you are an a�orney who is working on an hourly rate or flat fee, you must determine if the pricing model covers the costs of staff �me and case expenses,” says Thomas J. Williams, EA, a tax accountant who operates Your Small Biz Accountant, LLC. “A�orneys juggle many tasks at one �me and o�en put their business on the back burner.”
Even if a�orneys are busy with a million other projects, they need to look at their financial paperwork to stay afloat. “More financial informa�on is always be�er than less,” says Joseph S. Leventhal, Office Managing Partner at Dinsmore and a member of the Board of Directors at the Federal Bar Associa�on. “It’s important to know the profitability of an a�orney, a prac�ce group, an office or any other measurable group. The firm may accept that certain offices, prac�ce groups, or a�orneys are not profitable. But that should be a conscious decision made with the expecta�on that the firm is making an investment in that group (or a�orney) for a par�cular longer-term reason.”
HOW TO DO COST ACCOUNTINGCost accoun�ng involves looking at all the costs associated with the law firm. When firms u�lize cost accoun�ng, they will take into account every cost they have for their a�orneys, associates and paralegals, according to Samuel J. Catanese, CPA, Leading Partner at Catanese Group. The cost will include things like salaries, payroll taxes, legal dues and fees, a profit-sharing plan and malprac�ce insurance.
Then, firms will see how much a�orneys, associates and paralegals are charging clients per hour and whether those charges exceed their bill rates, says Catanese.
For example, one partner may bill a client at $150 an hour, but it is cos�ng $180 an hour just to employ that partner. Every �me he or she works on a project, the firm is losing $30 an hour. Firms need to switch the equa�on and ensure they are profitable every �me.
MAKING A FIRM PROFITABLEFirms have to figure out what they can do to either cut costs or increase their billing rates. “You need to determine how much it costs to generate each dollar of revenue to determine where resources should be allocated to realize the greatest profitability,” says Leddin. “[Also], iden�fy what modifica�ons should be made—for example, staffing, leverage, rates, etc.—to improve the return on underperforming business units or loca�ons.”
Con�nued on Page 9
If firms want to avoid poli�cs in the office and causing conflict, they can choose to defer to either their in-house accountants or hire outside companies to help.
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Ge�ng in the Accoun�ng Weeds, con�nued from Page 8
Along with comparing hourly billing rates to costs and taking all the expenses into account, firms should run some tests to see where they stand. They must administer case studies by choosing two to three files and tracking all the ac�vi�es, from the ini�al consulta�on to phone calls, mee�ngs and everything in between, says Williams. “The analysis should be conducted at least on a semiannual basis. Staying profitable requires an a�orney to gather data, analyze it and draw conclusions that help the prac�ce stay ahead of the curve.”
O�en, law firms will keep doing what they have always done because they are used to rou�ne, but an analysis helps them break out of it.
“Law firms o�en fall into the habit of focusing on ‘the work we’ve always done for the clientele we’ve always served at our standard rate, which we raise when we feel we need to,’” says Ma� Burkinshaw, a former law firm partner who is now a business consultant for firms at Performance Growth Advisors. “Measuring the profitability of an area of prac�ce, which includes the nona�orney staff and resources necessary to serve that market, can expose inefficiencies that need to be addressed. This analysis can also highlight profitable prac�ce areas that are under-represented in the firm and drive decisions to invest in building those areas.”
Once firms run their studies, they will know their costs and how they compare to billing rates. Then, they can come up with a plan of ac�on or profit plan. Unlike a budget, which is focused on expenses, a profit plan is meant to drive revenue.
According to Catanese, this plan involves implemen�ng the cost accoun�ng system; coming up with the cost per hour for each product; iden�fying the profitability of each client, procedure, division and office; and establishing a profit plan for the firm.
THE CHALLENGES OF COST ACCOUNTINGCost accoun�ng doesn’t come without its own challenges. “It’s a situa�on that may be poli�cally dangerous. Some partners think they are very profitable and when they see their cost, they are not,” notes Catanese. “You may have one partner bringing in $1 million, and then when we do the cost analysis, his cost may be $1.2 million. Partners don’t like to think they are not profitable.
When handling cost accoun�ng, if firms want to avoid poli�cs in the office and causing conflict, they can choose to defer to either their in-house accountants or hire outside companies to help.
WORKING WITH AN IN-HOUSE OR OURSOURCED LAW FIRM ACCOUNTANTCatanese, who assists law firms with cost accoun�ng, says that very few are doing this but that it is absolutely necessary. It is up to the law firm administrator to put a plan into place.
Typically, the Catanese Group will go in, do a cost accoun�ng analysis, and then in the second year, let the firm perform it on their own. The cost accoun�ng plan needs to be updated at least once a year. According to Catanese, in the first year one firm implemented a cost accoun�ng strategy, they saw a 350 percent increase in profits. Other firms can experience the same if they use cost accoun�ng.
“By working closely with a law firm accountant, you can develop an ac�onable plan with milestones that hold you accountable,” says Williams. “No ma�er the tools or exper�se that are available at your disposal, only you can set the success of your business.”◊
The first year one firm implemented a cost accoun�ng strategy, they saw a 350 percent increase in profits. Other firms can experience the same if they use cost accoun�ng.
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Though it may be harsh to hear some of the feedback, ul�mately your firm is going to grow because of it—and it’s important not to take the results personally.
Kylie Ora Lobell is a freelance writer living in Los Angeles. She covers legal issues, blogs about content marke�ng, and reports on Jewish topics. She’s been published in Tablet Magazine, NewsCred, The Jewish Journal of Los Angeles and CMO.com.
ABOUT THE AUTHOR
www.linkedin.com/in/kylieoralobell
twi�er.com/kylieoralobell
Reprinted with permission from the Associa�on of Legal Administrators February 2018. Copyright ©2019 Associa�on of Legal Administrators. All Rights Reserved. www.alanet.org.
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On Tuesday, July 23, 2019, Columbus Chapter members will be
preparing dinner for families who have taken up residence at
the Columbus Ronald McDonald House. For more than three
decades the Ronald McDonald House has been serving families with
seriously ill children by providing a home away from home. With 137
guest rooms, the Columbus Ronald McDonald House is the largest in the
world. Every night, hundreds of moms, dads, brothers and sisters stay at
the House, only steps from Na�onwide Children’s Hospital. The Ronald McDonald House provides a bit of stability in the
midst of challenging �mes. Families can make the House their home away from home for as long as their child is being
treated in the hospital.
The commi�ee asks that volunteers arrive at the Ronald McDonald House, near Children’s Hospital, by 4:30—4:45 pm. Dinner is served promptly at 5:30 pm and Iyou should be done no later than 6:30—7:00 pm. f you are able to help, please contact a member of the Community Service Commi�ee: Sonja Fuqua ([email protected])Angie Vecchio([email protected])Debbie Durbin ([email protected]).
If you are unable to help in July, we will be preparing and serving dinner at the YWCA Family Center on October 15.
QUESTIONS YOU NEED TO ASK EVERY VALUED EMPLOYEE
BY MEL KLEINMAN, PRESIDENT, HUMETRICS
Employee reten�on and profitability are inseparably linked, but, with unemployment at record-se�ng lows, all your most highly valued people have more op�ons than ever
before should they become dissa�sfied and decide to find another employer.
If you’ve been reading these monthly Hiring Hints for a while now, you know I have long suggested employers conduct regular “stay conversa�ons” with every employee they want to keep on board long-term (rather than exit interviews which are an exercise in closing the barn door a�er the horses are out).
Stay conversa�ons are a great way to ask your people inten�onal, effec�ve ques�ons that demonstrate to your employees just how respected and highly-valued they are—and there’s no be�er way to ensure employee reten�on than that.
Here are six of my favorite ques�ons for minimizing employee turnover and maximizing profits:
1. What sa�sfies you most about your job? Ask your people what mo�vates them to deliver such consistently great results on a daily basis. Once you know the answer (be it pride or the paycheck or what a great boss you are or to earn a promo�on, etc.) be sure each person gets regular doses of what they each need.
2. Is there anything we might do that would make you even more sa�sfied with your job? If it’s doable, make it happen. If it’s not, explain why not and offer a compromise of some sort, if possible.
3. Do you have any sugges�ons as to how I might become a be�er manager? With the fierce compe��on for quality employees these days, it’s o�en not enough to simply meet expecta�ons. Giving more service and value than your people expect will earn you their undying loyalty. Ask your people for their advice and opinions to start a dialogue that will serve you well in the future. If your team members feel invested and involved in your company, they will be that much more mo�vated to want to see you and the organiza�on succeed.
4. If you owned this company, what would you do differently? Of all the ques�ons on this list, I’ve found that this one is the most likely to get surprising and honest responses.
5. Have we resolved the problem to your sa�sfac�on? No one runs a trouble-free company, but one way you can dis�nguish yourself and improve employee reten�on is by ensuring that you resolve problems effec�vely. If your people feel you’ve taken their gripes seriously and done everything you can to make it right, they will be more likely to s�ck with you.
6. Do you know anyone else who would be a good fit here? Birds of a feather flock together. It’s likely the family and friends of your most valued people have the same values and work ethic they do. Don’t miss any opportunity to ask them for referrals.
Copyright © 2019 Humetriics. All rights reserved. Reprinted with permission from Mel Kleinman and Humetrics (h�p://www.humetrics.com).
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ALA E-LEARNING COURSES
ALA offers flexible, on-demand e-learning courses. Each session includes a 6-week instructor-led online course with classes mee�ng live each week for one hour. Classes are available on-demand later for your convenience.
HR SPECIALISTComple�ng both HR1 and HR2 courses gives you access to the Legal Management HR Specialist Cer�ficate Program. Topics include U.S. Federal Employment Laws, Employee Benefit Laws, Workers’ Compensa�on, An�-Harassment Policy, Qualified Re�rement Plans and 401K/Investment Policies. The following is an outline of the topics:
Week 1: Hiring Procedures
Week 2: Employment Laws
Week 3: Employee Benefit Laws
Week 4: Benefits & Claims
Week 5: Harassment
Week 6: Investments
The live WebEx lessons will be held on Thursdays from 12:00—1:00 pm Central Time and will be recorded for on-demand access.
Registra�on is now open for HR1 :July 15—August 25, 2019: Employee Selec�on and Promo�on; or
Both HR1 and HR2 Second Offering Package:July 15—August 25, 2019: Employee Selec�on and Promo�on; andSeptember 16—October 27, 2019: Performance Management & Compensa�on
FINANCE SPECIALISTComple�ng both FM1 and FM2 courses gives you access to the Legal Management Finance Specialist Cer�ficate Program. Topics include types of accounts, federal payroll and employee benefit procedures, tax and repor�ng requirements, and general accoun�ng procedures, laws and regula�ons. The following is an outline of the topics:
Week 1: General Accoun�ng
Week 2: Banking & Investment
Week 3: Trust Accoun�ng
Week 4: Payroll, Taxes & Repor�ng
Week 5: Legal Organiza�on Structures
Week 6: Special Accoun�ng Issues
The live WebEx lessons will be held on Tuesdays from 1:30—2:30 pm Central Time and will be recorded for on-demand access.
Registra�on is now open for both the FM1 and FM2 Package:July 15—August 25, 2019: Accoun�ng Basic—Intermediate; andSeptember 16—October 27, 2019: Financial Informa�on & Analysis Intermediate
For more informa�on visit h�ps://www.alanet.org, click on Educa�on > Online Learning Overview > e-Learning.
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19
Debbie Durbin | 6 years
Karen Scurlock | 18 years
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An�trust GuideFor Members of the Associa�on of Legal Administrators
Professional associa�ons such as the Associa�on of Legal Administrators (ALA), although well recognized as valuable tools of American business, are subject to severe scru�ny by both federal and state governments.The single most significant law affec�ng professional associa�ons is the Sherman An�trust Act, which makes unlawful "every contract, combina�on in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce..."A professional associa�on by the very nature of the fact that it is made up of compe�tors is a combina�on, thus sa�sfying one of the elements in proving an an�trust viola�on. Sec�on 5 of the Federal Trade Commission Act is also applicable to professional associa�ons; it makes unlawful the same types of conduct that are prohibited by the Sherman Act. Furthermore, almost all states have enacted an�trust laws similar to the Sherman Act.
There is no organiza�on too small or too localized to escape the possibility of a civil or criminal an�trust suit. The federal government has brought civil or criminal ac�ons against such small organiza�ons as Maine Lobstermen, a Virginia audio-visual associa�on, Bakersfield Plumbing Contractors, the Utah Pharmaceu�cals Associa�on, and local barbers associa�ons.
The government has brought approximately five civil and ten criminal cases a year against professional associa�ons. It is thus impera�ve that every professional associa�on member, regardless of the size of the associa�on or the size of those comprising the membership, refrain from indulging in any ac�vity which may be the basis of a federal or state an�trust ac�on.
There are four main areas of an�trust concern for professional associa�ons: price fixing, membership, standardiza�on and cer�fica�on, and industry self-regula�on. The area of greatest concern, for it is the area where individual members are most likely to violate the law and the area where the government appears most concerned, is price fixing. The government may infer a viola�on of the Sherman Act by the mere fact that all or most of the members of the professional associa�on are doing the same thing with respect to prices. It is not required that there be an actual agreement, wri�en or unwri�en, to increase prices. Rather, price fixing is a very broad term which includes any concerted effort or ac�on which has an effect on prices or on compe��on.
Accordingly, professional associa�on members should refrain from any discussion which may provide the basis for an inference that the members agreed to take ac�on rela�ng to prices, produc�on, alloca�on of markets, or any other ma�er having a market effect. The following topics, while not the only ones, are some of the main ones which should not be discussed at regular mee�ngs or member gatherings:
1. Do not discuss current or future billing rates, fees, disbursement charges or other items that could be construed as "price." Further, be very careful of discussions of past billing rates, fees or prices.
2. Do not discuss what is a fair profit, billing rate or wage level.
3. Do not discuss an increase or decrease in price, fees or wages, or disbursement charges. In this regard, remember that interest charges are considered an item of price.
4. Do not discuss standardizing or stabilizing prices, fees or wages, or disbursement charges.
5. Do not discuss current billing or fee procedures.
6. Do not discuss the imposi�on of credit terms or the amount thereof.
7. Do not complain to a compe�tor that his billing rates, fees or wages cons�tute unfair trade prac�ces. In this context, another law firm (or even a corporate legal department) may be considered a compe�tor.
8. Do not discuss refusing to deal with anyone because of his pricing or fees.
Con�nued on Page 21
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Do not conduct surveys (under the auspices of ALA or informally) rela�ng to fees, wages or other economic ma�ers without prior review by an�trust legal counsel. Any survey should have the following characteris�cs: a) par�cipa�on is voluntary and open to non-members, b) data should be of past transac�ons, c) data should be collected by an independent third party, such as an accoun�ng firm, d) confiden�ality of each par�cipant's data should be preserved, and e) data should be presented only in a composite form to conceal data of any single par�cipant. If these criteria are met, an associa�on can collect and disseminate data on a wide range of ma�ers, including such things as past salaries, vaca�on policies, types of office equipment used, etc.
However, care must be taken to ensure that the purpose of any survey is to permit each firm to assess its own performance. If a survey is used for the purpose of or has the effect of raising or stabilizing fees, wages, disbursements, credit policies and the like, it will create serious an�trust problems.
Within this same legal framework applicable to surveys, an associa�on can make presenta�ons or circulate ar�cles regarding such educa�onal ma�ers as establishing sound office procedures, etc., provided it is clear that the ma�ers are educa�onal, and not a basis for law firm uniformity or agreement.
Inasmuch as associa�on an�trust viola�ons can subject all associa�on members to criminal and civil liability, members should be aware of the legal risks in regard to membership policy and industry self-regula�on. Fair and objec�ve membership requirement policies should be established. Membership policies should avoid:
1. Restric�ons on dealing with non-members.
2. Exclusions from membership, especially if there is a business advantage in being a member.
3. Limita�ons on access to associa�on informa�on, unless the limita�on is based upon protec�on of trade secrets.
The Associa�on of Legal Administrators has a code of ethics, which sets forth parameters of ethical conduct. However, to ensure that the Code of Ethics does not create any an�trust problems, ALA must con�nue to ensure that its Code does not have arbitrary enforcement procedures or penal�es.
The penal�es for viola�ng federal or state an�trust laws are severe. The maximum criminal penalty for viola�ng the Sherman Act was increased in 2004 from $350,000 to $1,000,000 for an individual and from $10,000,000 to $100,000,000 for a corpora�on. Pursuant to the Sentencing Reform Act, alterna�ve maximum fines could be increased to twice the pecuniary gain of an offender or twice the loss to another person.
Individuals and corporate officers who are found guilty of bid rigging, price fixing or market alloca�on will virtually always be sentenced to jail pursuant to the Sentencing Guidelines; community service cannot be used to avoid imprisonment. The minimum recommended sentence is four months; the maximum is three years.
Addi�onally, there are civil penal�es such as injunc�ons or cease and desist orders which could result in government supervision of associa�on members, restric�ng the associa�on's ac�vi�es or disbanding the associa�on.
Civil suits may be brought by consumers or compe�tors. Civil an�trust ac�ons result in treble damage awards and a�orneys' fees. Thus, if associa�on members are held liable to a compe�tor for an�trust viola�ons which resulted in $500,000 worth of lost business, the verdict may exceed $1,500,000.
The government's a�tude toward professional associa�ons requires professional associa�on members, as well as professional associa�ons themselves, to at all �mes conduct their business openly and avoid any semblance of ac�vity which might lead to the belief that the associa�on members had agreed, even informally, to something that could have an effect on prices, fees or compe��on. Thus, it is important that members contact the associa�on headquarters or legal counsel for guidance if they have even the slightest qualms about the propriety of a proposed ac�vity or discussion.◊
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2019-20 Columbus Chapter
LORI PORTERPresident
Bricker & Eckler LLP614.227.8853
BRANDI HANNVice-President
Squire Pa�on Boggs (US) LLP614.365.2709
TOM TERRELLTreasurer
Roetzel & Andress614.463.9770
CINDY WESNEYSecretary/Vice President of Communica�ons
Bricker & Eckler LLP614.227.8962
DEBBIE DURBINImmediate Past President
Ice Miller LLP614.462.1009
KAREN SCURLOCKVice President of MembershipCalfee Halter & Griswold LLP
LAURA CARPENTERVice President of Business Partner Rela�ons
Shumaker Loop & Kendrick, LLP614.463.9441
Business Partner Programming
Beth Hoe�, Chair 614.221.1216
Fishel Downey Albrecht & Riepenhoff LLP
bhoe�@fisheldowney.com
Laura Carpenter 614.463.9441
Shumaker Loop & Kendrick, LLP
Community Service
Sonja Fuqua, Chair 614.233.5393
Dinsmore & Shohl
Debbie Durbin 614.462.1009
Ice Miller LLP
Angela Vecchio 614.223.9321
Benesch, Friedlander, Coplan & Aronoff
Diversity & Inclusion
Kelly Atkinson 614.628.1430
Barnes & Thornburg LLP
Membership/Mentoring
Karen Scurlock 614.621.7767
Calfee Halter & Griswold LLP
Newsle�er and Public Rela�ons
Cindy Wesney, Chair 614.227.8962
Bricker & Eckler LLP
Partners’ Event/Past Presidents’ Council
Debbie Durbin 614.462.1009
Ice Miller LLP
Social Media
Jennifer Rosengrant, Chair 614.462.5449
Kegler Brown Hill & Ri�er Co., L.P.A.
Website/Online Membership Directory
Debbie Durbin 614.462.1009
Ice Miller LLP
Brandi Hann 614.365.2709
Squire Pa�on Boggs (US) LLP
Committee/Event Chairs
Page | 22
Columbus Chapter Member Change Form
If any of your information changes, please complete this form in its entirety and e-mail to:Cindy Wesney, Newsletter Editor, Bricker & Eckler LLP, [email protected]
andKaren Scurlock, VP of Membership, Calfee Halter & Griswold LLP, [email protected]
Name: ______________________________________________________________________________
Title: ______________________________________________________________________________
Firm: _______________________________________________________________________________
Address: ____________________________________________________________________________
City, State, Zip: ______________________________________________________________________
Telephone Number: ___________________________ E-mail: _______________________________
Number of Attorneys: ____________________
Page | 23
July 23, 2019
4:30—6:30 pm
Volunteers Needed!
Date Mee�ng Type/Speaker/Topic Venue
Tuesday, July 1612:00—1:00 pm
Monthly Chapter Mee�ngRoundtable Discussions
Squire Pa�on Boggs41 S. High Street, Suite 2000Mee�ng sponsored by Unishippers/ Pro Couriers and Ri�ers Office Ou�i�ers
Tuesday, July 234:30—7:00 pm
Prepare and serve dinner Ronald McDonald House711 E. Livingston Avenue
Please note that chapter mee�ngs are generally held on the third Tuesday of the month (excep�on will be February for Partners’ Luncheon). Please mark your calendar accordingly.
Visit the Columbus Chapter web site at www.alacolumbus.org for more upcoming events (dates subject to change).
Thursday, September 191:00—4:30 pm
Member/Business Partner Event Top Golf2000 IKEA Way
Chapter Mee�ng/Event DatesTimes and Dates are subject to change
LETTERS TO THE EDITOR
We value your comments/sugges�ons and even your submissions. A�er all, this is your Newsle�er! If you would like to write a Le�er to the Editor, make a sugges�on that would enhance the newsle�er, or would be willing to write an ar�cle for the newsle�er (either about a commi�ee event or an educa�onal topic that would be of interest to our members), please e-mail Cindy Wesney, Newsle�er Editor at: [email protected]. Your input would be greatly appreciated!
Page | 24
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