Cris Palmer
Gunderson, Palmer, Goodsell & Nelson, LLP
PO Box 8045
440 Mt. Rushmore Road
Assurant Building, 3rd & 4th Floors
Rapid City, SD 57709-8045
Law School: University of South Dakota, J.D., 1974
College: South Dakota State University, B.A., 1971
Member: Pennington
County Bar Association, President, 1985; American Bar
Association; State Bar of South Dakota, Commissioner,
1983-1986, Disciplinary
Board, 1996-2002, President, 2006-2007; South
Dakota Board of Pardons and Parole, Member
1991-1997, Chair, 1993-1997; South
Dakota Trial Lawyers Association; South Dakota Council of
School Attorneys; South Dakota Judicial Qualifications Commission,
2004-2008; South Dakota Defense Lawyers
Association, Board of
Directors, 1995-1998, Secretary,
1998; Defense
Research Institute; Federation of Defense and Corporate
Counsel; The American Board of Trial Advocates, Secretary
- Treasurer, 2005-2006, Vice President, 2006-2007.
Biography: Phi Delta
Phi, Adjunct Professor - "Settlement and Negotiations,"
University of South Dakota
June, 2007
Spring Greetings to All!
As I am coming to the close of my presidency, you start running out of topics
that you think people will find of interest. I will tell you, I have had more
than normal contact by folks regarding the question of our Client Assistance
Fund. This topic has precipitated a number of letters and calls and has
obviously struck a nerve with some members of the Bar and I think it is a topic
that deserves further consideration. I have encouraged Dick Travis when he takes
office June to continue to follow this topic.
I want to take a moment to encourage everyone to make sure you mark your
calendars to attend the State Bar meeting June 20-23 in Aberdeen. There are
going to be some great CLEs, our normal well-run meeting by the Bar staff, and
great opportunities for fellowship. So, I hope everyone will make an effort to
attend all of the meeting. If you cannot attend the entire meeting, please make
an effort to at least attend part of it and join all of us in the opportunity to
get together once a year and enjoy one another's company.
I want to thank Beardsley, Jensen & Von Wald for graciously and generously
providing office space for the Access to Justice program for the balance of the
calendar year 2007. They have very generously extended Access to Justice office
space and access to office equipment. This is a great program, being run very
well by Cheryl Hanna, and I want to thank Beardsley, Jensen & Von Wald
personally and publicly on behalf of the State Bar. I will also take this as
another opportunity to encourage each and every one of you to sign up for the
Access to Justice program. This is a great program and it deserves our support.
I also want to take a moment and give a special thank you to Linda Lea Viken,
Chris Lent, and their staffs, for their continuing wonderful efforts on behalf
of the Ask A Lawyer program. It is a very unique program, run exceedingly well,
and we all owe them a debt of gratitude for that great effort. I just did it
last night and as we sat around the table with the phones ringing off the hook,
Linda Lea added up the years of experience during that round of calling and we
had 309 years of legal experience sitting around the table answering questions.
Of course, I would point out that Tom Foye was there and that accounts for 50
right there. But, that shows you the quality of this program that someone of Tom
Foye's integrity and experience thinks this is a worthwhile program. My hat is
off to all of the lawyers who participate in the program.
In closing, I have always encouraged collegiality among the Bar and been very
proud of the collegiality we share. That having been said, as I go to various
hearings at the courthouse, I watch as we are showing up for hearings and
quickly departing the courthouse to return to our offices. Everyone is busy and
has a great deal of things going on. I just encourage everyone to take a few
minutes, visit with your colleagues, see what is going on in their lives and
just enjoy a little professional fellowship.
I also will take this opportunity to encourage the judiciary, when the occasion
presents itself, to take a little time to visit with counsel. There are times I
think the Bar and the judiciary, although we have a much better than normal
relationship compared to other bars, all get busy and can become distanced from
each other. Let's do everything we can to keep the lines of communications open
and keep collegiality amongst the bench and ourselves.
I look forward to seeing you all in Aberdeen in June and wish you the best this
spring and the upcoming summer.
May, 2007
Spring Greetings to All!
As I am coming to the close of my presidency, you start running out of topics
that you think people will find of interest. I will tell you, I have had more
than normal contact by folks regarding the question of our Client Assistance
Fund. This topic has precipitated a number of letters and calls and has
obviously struck a nerve with some members of the Bar and I think it is a topic
that deserves further consideration. I have encouraged Dick Travis when he takes
office June to continue to follow this topic.
I want to take a moment to encourage everyone to make sure you mark your
calendars to attend the State Bar meeting June 20-23 in Aberdeen. There are
going to be some great CLEs, our normal well-run meeting by the Bar staff, and
great opportunities for fellowship. So, I hope everyone will make an effort to
attend all of the meeting. If you cannot attend the entire meeting, please make
an effort to at least attend part of it and join all of us in the opportunity to
get together once a year and enjoy one another's company.
I want to thank Beardsley, Jensen & Von Wald for graciously and generously
providing office space for the Access to Justice program for the balance of the
calendar year 2007. They have very generously extended Access to Justice office
space and access to office equipment. This is a great program, being run very
well by Cheryl Hanna, and I want to thank Beardsley, Jensen & Von Wald
personally and publicly on behalf of the State Bar. I will also take this as
another opportunity to encourage each and every one of you to sign up for the
Access to Justice program. This is a great program and it deserves our support.
I also want to take a moment and give a special thank you to Linda Lea Viken,
Chris Lent, and their staffs, for their continuing wonderful efforts on behalf
of the Ask A Lawyer program. It is a very unique program, run exceedingly well,
and we all owe them a debt of gratitude for that great effort. I just did it
last night and as we sat around the table with the phones ringing off the hook,
Linda Lea added up the years of experience during that round of calling and we
had 309 years of legal experience sitting around the table answering questions.
Of course, I would point out that Tom Foye was there and that accounts for 50
right there. But, that shows you the quality of this program that someone of Tom
Foye's integrity and experience thinks this is a worthwhile program. My hat is
off to all of the lawyers who participate in the program.
In closing, I have always encouraged collegiality among the Bar and been very
proud of the collegiality we share. That having been said, as I go to various
hearings at the courthouse, I watch as we are showing up for hearings and
quickly departing the courthouse to return to our offices. Everyone is busy and
has a great deal of things going on. I just encourage everyone to take a few
minutes, visit with your colleagues, see what is going on in their lives and
just enjoy a little professional fellowship.
I also will take this opportunity to encourage the judiciary, when the occasion
presents itself, to take a little time to visit with counsel. There are times I
think the Bar and the judiciary, although we have a much better than normal
relationship compared to other bars, all get busy and can become distanced from
each other. Let's do everything we can to keep the lines of communications open
and keep collegiality amongst the bench and ourselves.
I look forward to seeing you all in Aberdeen in June and wish you the best this
spring and the upcoming summer.
April, 2007
Early-spring greetings to all!
As I am dictating this page, we are experiencing one of those South Dakota
frustrating end-of-winter, beginning-of-spring periods where our ski slopes
closed because of so little snow, yet, as I look out my windows today, we have a
fresh snowfall here in Rapid City.
I want to mention one last time and some of it will be right on the edge, but
any of you interested in going to Cancun need to get your deposits to Tom
Barnett, $250 per lawyer, by April 15.
Having recently returned from our Arizona CLE, which was a very well done and
professional program, I am certain they have the same plan for and will have the
same quality product in Cancun. So, to the extent you are interested, you need
to get your deposit in right away.
Another final note on the Trial Academy, if you or someone in your firm has
interest, please contact Tom Barnett so that we can finalize the Trial Academy
count and attendees.
Having just returned from the annual Western States Bar meeting , I came away
with a great sense of pride for the state of South Dakota, the electorate of
South Dakota, and the State Bar of South Dakota with regard to the Amendment E
issue. South Dakota was the focal point of a great deal of discussion at that
meeting and I think everyone was quite impressed with the manner in which our
campaign was conducted and the manner in which we defeated that proposition.
One thing I would mention for the Bar's consideration is that we give additional
thought and future discussion on how to deal with the Client Security Fund.
There was considerable discussion regarding how various states deal with their
client's security fund. We are one of the few professions that steps forward to
deal with the "sins" of some of our members when they deal inappropriately with
clients. I frankly think it should be a source of pride in our profession and
that we should continue that program. I also think we should give further
thought to a regular annual assessment to provide an ever-growing fund so that
we might be able to consider raising the dollar limits we pay in the event of
misconduct by one of our members. Varying states do it varying ways, and ours
has worked fairly well. I think it is something that we need to think about for
the future as we look at the costs of our Bar services. I challenge all of you
to give it some additional thought.
I encourage you all to mark your calendars for our annual meeting June 20-23 in
Aberdeen. I hope you will all make arrangements to attend all or part of the
annual meeting and attend the CLEs as it looks as if it going to be a great
program.
I further encourage all of you to the extent that you are able to participate in
the Ask-A-Lawyer Program across the state to do so, as its upcoming dates are
May 1, 2, and 3. It is a great program and very well received by the public. I
think last year we had over 900 calls. It is a wonderful program and I think
provides a very well-deserved public image for the Bar.
In conclusion, I urge all of you to sign up for the Access to Justice Program.
We have a long-term goal to be able to approach the legislature for a permanent
funding source and the more lawyers we have participating, the easier it is
going to be to "sell" the public funding when the legislature sees a significant
level of participation by the Bar. From having handled one and going to see
another client next week, it is a very rewarding process also.
I wish you all the best for the upcoming spring and look forward to seeing you
soon.
March, 2007
Mid-winter greetings to all!
In opening, I would like to remind everyone and encourage everyone who is
interested to make their deposits for the potential CLE in Cancun in 2008. It is very
important if you are interested that you make that commitment and get it done right away
as there is a great deal of logistics involved in coordinating such an event and making
sure we have a room commitment.
Secondly, I want to one more time encourage everyone to take a long hard look at
sending someone from your firm to the upcoming Trial Academy. Chet Groseclose has
graciously agreed to direct this program again with the assistance of Tom Welk and his
idea of the whole concept of the Trial Academy. They are lining up an excellent staff and
I think everyone who participated in it previously found it very rewarding and I know it
will be again. So, again, I recommend to you to either consider attending yourself or
encouraging someone from your office to attend.
This is the time of year when because of weather and everyone getting motivated
to move into the new year, everyone is very busy or indoors quite a bit, so we do not have
the opportunity to socialize and when the winter blues can set in. This is a very difficult
topic to address, but in the last year I think our profession has seen incredible loss and
seen the devastation that can come from depression and depression-related issues. This
topic is difficult to talk about and a difficult problem to recognize.
I think from time to time we have seen in one or more of our colleagues some of
the effects of depression. Sometimes, it is someone who just cannot get their work done
or in working with them they appear like "deer in the headlights." I think as a Bar we
need to be more attentive to one another with that difficult issue and no matter how
difficult it is, we need to be prepared to address it or at least express concern or a
willingness to help colleagues who might be troubled.
It is a topic we will be addressing as a possible special committee or something
akin to Lawyers Concerned for Lawyers. Unfortunately, the Bar has limited resources;
but I think this issue is reaching a place where we are going to have to be prepared to
address it in a "more up front" fashion. I would solicit, and I know I am correct in saying
from my conversations with Dick Travis, that he would also solicit your thoughts and
ideas regarding how we might address this very sensitive and delicate issue. Please feel
free to contact me, Dick, or Tom Barnett if you have suggestions in this regard.
Just as one final follow up on Amendment E, I have had the opportunity to attend
a series of national meetings with a number of different groups and the wonderful work
done defeating Amendment E is being noticed across the nation. I think we are finding
that other states that are facing this potential initiative are looking to us for guidance and
assistance. I think that we should be very proud of ourselves and especially proud of
those who provided the leadership in defeating this initiative.
February, 2007
February greetings to all!
Given that we are all in the throws of the cold wintry season, there is not as
much happening as usual other than our legislative session meeting in Pierre.
I want to take a moment to thank everyone who is participating in committee work
for the State Bar. It is through the great work of all the committee chairs and
their committee members that our State Bar functions so well and that we are
able to make as many strides forward as we do every year.
I want to encourage anyone who has not done so to take another look at the
possibility of going to the State Bar meeting in Arizona on March 11-14. It is
always a great event, a nice venue, generally speaking good weather, and given
what we are getting statewide as I am dictating this, it will be a wonderful
winter reprieve.
I also want to encourage everyone and all firms to take a long hard look at
sending someone to the Trial Academy in July. We need a head count as quickly as
possible to see if we will have a sufficient number of applicants to make the
program function. We need to have at least 18 people.
We need to do this as quickly as possible as the Trial Academy Committee,
chaired by Tom Welk, along with the assistance of the director, Chet Groseclose,
are going to be busy trying to put together the faculty and we need to let them
know as quickly as possible whether we will have sufficient numbers to go
forward.
Also, you will see a notice from Tom Barnett regarding a possible CLE meeting in
Cancun in 2008. The CLE committee is looking to put on a CLE in Cancun as we did
a few years ago. This requires everyone to let the Bar know if they are willing
to participate and provide a deposit. The resort has set a deadline of April
15th in order to book the seminar. If you want to attend Cancun, mail a check
payable to SD CLE, Inc. in the sum of $250. If there are insufficient signups,
the deposit will be returned. If there are sufficient signups, the deposit will
be applied as a down payment on your room. If we do not have a sufficient number
of potential participants in the Cancun program, Tom will have to quickly make
adjustments for another venue. If you are interested in attending, please talk
to your families, colleagues, and associates to see what we can do for a good
turnout in Cancun. The weather is almost always perfect there.
I want to share a parting thought with you. A month or so ago, I had oral
argument before the Eighth Circuit Court of Appeals in Minneapolis. I think
there were five cases heard that day, three of which were from the District of
South Dakota. I could not tell you how proud I was to see the before and after
reactions among the lawyers on the opposite sides of the case from South Dakota
compared to those from the other venues. The other venues were certainly cordial
to one another; but, they did not have the same obvious collegiality,
friendship, and level of relationship that we share in South Dakota. It was just
one of those moments that makes you exceedingly proud to be a South Dakota
lawyer and happy that we all have the blessing to practice here.
I will close by saying stay warm and hope to see many of you in Arizona in
March.
January, 2007
Happy 2007 to all!
I just want to take a moment to wish all of you a very Happy New Year and hope
that it will be a healthy, happy, and prosperous year for all of you. As we head
into the new year, one of the first things that happens in South Dakota is the
convening of our state legislature. I think as lawyers we all need to take a
moment and thank the lawyer legislators we have in the state legislature this
year. They are Scott Heidepriem, Dave Knudson, and Nancy Turbak in the Senate;
and Joni Cutler, Tom Deadrick, Rich Engels, Marc Feinstein, Maggie Gillespie,
Roger Hunt, Dave Lust, and Tom Van Norman in the House.
I am not sure that we all understand the effort and sacrifice they have to make
to do this service for the democratic process. They are always of great service
to the profession and, more importantly, of great service to our state.
I have to confess that I was rather naïve in that process until I watched one of
my partners, Dave Lust, run for the state legislature this year and saw the
incredible time and effort it took to campaign. I have also watched since the
campaign the enormous number of hours Dave has spent getting "up to speed,"
meeting with groups, attending freshman orientation, and things of that nature.
Also, those of you in your own communities who know lawyers serving on city
councils, county commissions, school boards, water boards, township boards, and
the like, take a moment to thank them for that service.
After the legislative session and with no Amendment E to deal with, Tom Barnett
will be back at the helm of our organized and well-run Bar.
I want to thank everyone who has agreed to chair and serve on committees. We
have been a bit slow in that process this year because of Amendment E, but I
want to thank everyone for their continuing efforts.
I want to encourage all of you to once again take a look at sending someone from
your office or yourself to attend the Trial Academy being held this summer. The
dates are July 9-13, 2007, at the University of South Dakota School of Law. I
encourage you all to start talking now amongst yourselves regarding attendance.
I have appointed a special Bar committee to oversee the Trial Academy. This is a
great opportunity and we will have some limited scholarships available also.
Finally, as we head into the new year, as I have watched in recent days the
discussions regarding former President Gerald R. Ford, I was reminded of the
time of watching him take office and shortly thereafter pardon Richard Nixon. We
all had our own views of politics at that time and those of you who know how
schizophrenic I am politically, you can only imagine my thoughts. However, on
reflection, President Ford was heralded as the peacemaker and for doing the
"right thing" at the time, and in a very difficult and challenging time to do
it. I hope that inspires us when we are faced with those challenging decisions
at trying times; but as hard as it may be, we always need to endeavor to "do the
right thing."
Once again, I wish all of you a very Happy New Year and look forward to seeing
you in the upcoming months.
December, 2006
Greetings!
I just want to take a moment to wish all of you a very Merry Christmas and
a Happy New Year. As we enter the holiday season, it is a great time to take a
moment and reflect on how fortunate we all are to be practicing law in South
Dakota, to have the great kinship and comradery and to be members of one of the
best Bars in the United States. It probably goes without saying, but I do not
know if we as a Bar could be more thrilled with the results of the vote of the
citizens of South Dakota on Amendment E. I think it is so refreshing to know
that the our citizens paid attention to the campaign, listened, and exercised
their normal and good South Dakota common sense by overwhelmingly rejecting this
potential legal nightmare.
I want to thank all of the members of the Bar for their participation in the
educational schools and visiting with various groups and recruiting nonlawyers
to assist in that process. I also want to thank all of you that made financial
contributions to that effort. That was the initial money that got us started and
allowed the committee to solicit contributions from other industries when they
could show the generous contribution of the Bar.
Finally, every one of us should take a moment to personally thank Tom Barnett
for his unbelievable effort in defeating this measure. Basically from the time
the legislature adjourned until this vote, Tom was just about working 24/7 the
entire time to defeat this issue. In addition to doing that he was able, with
the wonderful assistance of DeeAnn, Kelly, Larry, and Anita, to keep the office
running in its normal and efficient manner.
I truly do not know how to express to you the amount of time, effort, blood,
sweat, tears, heartache, and you name it that Tom put in to defeating this
measure. I personally want to give him my most heartfelt thank you for his
efforts, which seems feeble, but it is the best I can do at this point. I again
encourage all of you when you see Tom to thank him for that wonderful effort.
I hope all of you will check your calendars and try to make it to the State Bar
meeting in Scottsdale in March. It is always a wonderful time to get away from
our winter and get down to the very nice weather in Arizona, as well as the
always well done CLEs and the great companionship that goes with that event.
Please take a look at your State Bar Newsletter, and we or I hope to see you
there the 11th through the 14th of March!
I look forward to seeing many of you in the coming months as I try to get around
the state to visit some of the local Bars.
Once again, Merry Christmas and Happy New Year!
November, 2006
As we approach the end of the year and the
upcoming Thanksgiving holiday, I think all of us should take a moment to reflect
on how fortunate we all are to be able to practice law in South Dakota and work
with the wonderful Bar and Bench we have in our state. We are blessed and should
be thankful.
One of the issues that has been brought to my attention in the last several
months by a number of practitioners throughout the state is a growing level of
contentiousness among lawyers from time to time that did not seem to exist as
much in the past. I think as we are all watching the current election process
and the way the entire political process has become “uglier” than in the past,
we see that level of contentiousness.
One more time I just want to share with everyone the concept of trying to take
an extra effort to make sure that we are not participating in that process. Let
us all remember that we are in a truth-seeking profession and the reason for the
adversarial process is to “find the truth” not just to be opponents and
contentious.
This year we have quite a few lawyers running for the State Legislature and
whether they are successful in their election bids or not, please take a moment
to thank them for taking the time to run for the State Legislature. I think it
has been too many years that we have had an absence of lawyers from the
legislative process and I believe having lawyers in the legislative process adds
so much to making the legislative session more meaningful.
I mentioned last month, I would remind everyone that we will run the Trial
Academy again this summer. Tom Welk has kindly agreed to be in charge of that
committee with Chet Groseclose organizing the program. We are very fortunate
that both of these individuals are willing to commit that time and effort.
Please, talk to your partners and colleagues about the Trial Academy.
Twenty-five is about the top number they can handle, but I think it was and will
be a great success. Please take a look at who in your office would be a good
candidate and let’s all support this process so that every other year we have
the opportunity to have this program and help to create even better trial
lawyers than we already have in South Dakota.
I have not had the opportunity to visit with the various Bars; but I still plan
to. Given the commitment that we have had to make as a Bar and the commitment of
our Executive Director in dealing with all of the Amendment E issues, we just
have not been able to do so, but we will as soon as the session is completed.
I want to thank all of you who have taken the invitation to contact me with any
thoughts, ideas, or issues you have that are of interest to the Bar. Please
continue to do so; I welcome them.
I wish you all the very best for Thanksgiving and look forward to seeing all of
you soon.
October, 2006
Fall Greetings
to All!
I am looking out the window of my office and although the view is always
beautiful, it is more so as the leaves start to change. It is that time of year
where we are coming to the last really great days to be outdoors before we are
closed in for the winter. Please take an opportunity to enjoy them.
As we approach winter and everyone starts to feel closed in and a little
claustrophobic before spring comes, it is a time to pay special attention to our
mental health. With the holidays, short days/long nights, and being cooped up,
some of the problems associated with depression begin to show in our personal
lives and certainly can show in the professional lives of lawyers in our state.
A few years ago, the State Bar had a CLE program where the presenter spoke about
issues associated with depression and what to look for. I encourage all of you
as we are going about the important work we have for our clients, to pay
attention to one another, our partners, colleagues, opponents, staff, family,
and friends, and be aware of any issues we see that we might associate with
depression. If you see someone who is totally non-responsive, becomes totally
reclusive, is "frozen at the wheel," just to name a few telltale signs, let's
make sure we reach out and see if there is anything we can do to help. I think
this summer we are going to look at the prospect of another CLE to discuss how
you approach someone with those issues and how you might assist them in getting
help.
I also want to let everyone know that the great trial academy begun by our past
president, Tom Welk, is going to be operating again this summer and I encourage
everyone to be talking with lawyers in your office or looking at it yourself,
and taking the time to encourage someone to attend the program or consider
attending it yourself. In the past, Tom has put together such a wonderful
program, which was very well received by all who participated as students and as
instructors.
As we close on the upcoming election, there are a number of issues that are very
important to South Dakota, its citizens, and in particular, the State Bar. I
urge all of you to encourage your family, friends, and staff to get out and
vote. It is so easy to do it now with the advance voting. When you are at the
courthouse, just go by the auditor's office and you can get your voting done
early and avoid the lines on Election Day. Please afford your employees the
opportunity to have a little extra time to get their voting done either ahead of
time or on Election Day. The issues on the ballot are vitally important to all
of us and we need to make sure we all exercise the unbelievable privilege we
have to participate in the electoral process.
With regard to issues of special importance to the Bar, please visit with your
family, friends, colleagues, clients, and staff on any questions they have
regarding the upcoming judicial elections and the issues associated with
Amendment E.
Finally, if any of you have thoughts, questions, concerns, or suggestions
regarding the Bar, I want you to know how important your input is to me. Please
feel free to contact me directly. I would be happy to visit with you at any
time.
September, 2006
Back to School Greetings to Everyone!
It sometimes seems like everyone has renewed interest in their files and tries
to get everything done once summer begins to leave us and we are looking at the
end of the year. As I was contemplating the impending close of another year in
the not-too-distant future, I recalled how quickly the years pass and find
myself looking back and reflecting on how the practice of law has changed in the
past 30+ years.
As we are all checking our Blackberries in meetings and driving down the road
talking on cell phones, it seems almost unimaginable to me that probably less
than 20 years ago, I remember having a debate in our office regarding whether we
really needed a fax machine, given the cost, or whether we should just share one
with our landlord at that time.
I recently attended the National Council of Bar Presidents' meeting and listened
to a futurist. He discussed thinking in a larger, global sense and painting with
broader brushes. I really liked when he said that he was the person who asks the
questions no one wants to answer.
It is absolutely amazing how the practice of law has changed and how the
practice of law will change over the next 20 years. The question arises whether
the Bar will be prepared to deal with those coming changes and provide
appropriate service and assistance to the membership. We need to be prepared to
address that issue.
I think the Bar needs to be prepared to take a serious look at what the future
brings so that we can be a dynamic body and be prepared to change in order to
assist our members to better provide service to our clients. I think this kind
of planning is going on everywhere. I know that the Law School is looking at the
concept of what the law library of the future will look like.
To this end, I have decided to create a "Future Committee." I have not yet
selected all of the members of this committee, but have selected its chairman,
Professor John Hagemann from the University of South Dakota Law School. John is
working on the law school's library issue and I am certain he will do an
outstanding job on this newly-formed committee. I have discussed this with John
and am very excited that someone with his background, vision, wisdom, and
foresight would agree to chair this committee.
I envision the work of this committee will probably take a couple of years to
fully develop. As the committee begins its work to present a plan to the Bar,
they will be looking for thoughts, ideas, and input from all of you. I encourage
you to participate when the committee seeks your opinions. We have a very bright
and creative Bar and I think if everyone assists in this, we will be able to
keep our Bar viable and important in assisting our membership to provide service
to our clients.
A number of states have done this, so we are not going to reinvent the wheel. We
will copy a great deal of what they have done. But, I think all of the states
that have done it, have found it to be very helpful, very enlightening, and very
thought provoking. I think the last several decades have shown us if you try to
stand still, you are going backwards. I want to make sure that this wonderful
Bar of ours, not only does not go backwards, but is second to none in planning
for the future.
As a final thought, I was invited by the Law School to address the first-year
students in their orientation process. The Law School continues to have an
outstanding group of first-year students with diverse backgrounds and
experiences. When you have the opportunity, I encourage you to participate in a
program at the Law School or even just stop by to see what is going on. We have
a great Law School with an outstanding administration and faculty.
We are in a unique situation in South Dakota to have such a close working
relationship among the Bar, the Bench, and our Law School. It is important for
all of us to do everything we can to keep the Law School as good as it is and to
help it to be even better. After all, it is the ultimate source of human
resources for all of us in the practice of law in our state. It behooves all of
us, not just because it is the right thing to do, but because it is helpful to
all of us, to support the Law School by participating in programs, providing
insight, and providing financial support. I encourage all of you to do so.
Have a great Fall!
August, 2006
Greetings to All!
I was somewhat surprised by the response to my first newsletter with regard to
e-mails, voice mails, and letters. I received numerous e-mails, a number of
voice mails, and even a couple of letters - all echoing a similar concern. So,
without overstating the issue, let's all make an effort to not put anything in
an e-mail, voice mail, or letter that we would not say to someone in person.
We are blessed to have a truly outstanding individual administering our pro bono
program and we have the opportunity in South Dakota to achieve one of the
nation's leading pro bono programs with just a little effort by all of us. I
would like everyone to give very serious consideration to getting involved and
submitting your name to Cheryl Hanna and our Access to Justice, Inc. pro bono
program. Having someone in your office who did not pay or for whom you have an
accounts receivable is not pro bono; that is client management.
I am encouraging everyone to become involved in the Access to Justice program so
that we can lead the nation in providing legal services to those less fortunate.
No one is going to be burdened by the program and you would only periodically be
asked to assist. To date, there are 92 lawyers committed to the program. I am
very proud of each and every one of them; but given the number of active members
we have, we can do much better than that. I am asking all of you to sign up and
ask your partners, associates, and professional colleagues to do the same. And,
yes, I have signed up and will be asking all of my partners and associates to
commit to the program as well. Please encourage that in your own firms.
Another issue I would like to discuss is the question of support for our judges.
Bob Riter mentioned this in his address to the Bar at the annual meeting. I
think it is something we all need to give serious consideration and make a very
concerted effort to provide public support for our Judges and their decisions..
Certainly there are times when we disagree with a judge's ruling or decision. If
we strenuously disagree, that is why we have the appeal process. I think
professionally we can discuss amongst ourselves decisions or rulings and discuss
their merits and the wisdom of the judge's decision. But, we must be very
careful not to let that somehow be interpreted by the public to be a criticism
of our judges, their decisions, or rulings.
South Dakota is very fortunate to have an outstanding judiciary in all circuits
and at all levels. Our judges are being attacked by the public, by politicians,
and by interests such as Amendment E. We know the importance of a fair and
impartial judiciary and we need to speak out openly on that issue and publicly
support the fair and impartial judiciary we have in South Dakota.
On a final note, I encourage each of you to give some thought to reaching out to
someone on a periodic basis and thank them for what they have done, congratulate
them for something they have done in your community or thank someone in your
office for a little extra effort. I wish I could say this was my idea, but I can
only echo the comments made to me by a Rapid City lawyer for whom I had the
utmost respect, Joe Butler.
Anyone who knew Joe, knows that he was a supreme advocate for his clients at all
times. Joe made an effort, I think almost every day, to reach out and thank or
congratulate someone or try to do something nice for someone else. Let's all
give some thought to that and "do something nice for someone else." You will
make their day and you will make your own, and you will make it a better world.
Enjoy the rest of the summer!
July, 2006
Summer Greetings!
We have all just returned from
another great meeting of the State Bar of South
Dakota renewing old friendships and making new. I hope everyone had a great time
as Peggy and I did. I want to again congratulate Bob and Carolyn Riter for their
wonderful job as ambassadors for the State Bar in all of the various meetings
and events they attended. And a very heartfelt congratulations and thank you to
Bob Riter for a truly outstanding year as president of our organization. Bob
worked tirelessly with Tom Barnett to coordinate and put together the very
beginnings of our dealings with the Amendment E initiative. I think everyone
should take a moment to thank Bob for all of his efforts on behalf of the Bar
with regard to that issue and many others.
I want to remind everyone the State Bar of South Dakota exists to serve its
membership and that means all members-from the newest admittee to our seasoned
50+ year veterans. We are blessed with a staff that tirelessly works to provide
service to the Bar. To the extent that you need something or need help or
assistance in that regard, please feel free to contact them.
One of the things I would like to see happen starting now and continuing on a
regular basis is to make certain everyone feels that we have an inclusive Bar. I
want all members of the Bar to understand they are important participants and
contributors to the professional growth and development of this Bar. We need
everyone's thoughts, ideas, and suggestions. Please know that the leadership of
your Bar as well as the staff is very interested in your thoughts, ideas, and
suggestions. Please feel free to contact me at any time with issues you may have
that you think the Bar should address, areas in which you would like to
participate, or think the Bar could do a better job of assisting you.
I further encourage you to think about how we can make an already collegial Bar
even more so. When we receive a letter, e-mail, or voice mail that seems
unpleasant or contentious, there is a tendency in today's busy world to quickly
respond and move on. It was not that many years ago, before we had all of the
technology tools, that when a letter came, you dictated a response, let it sit
on your desk for a day or two, and then decided whether or not to send the
letter.
It is easy to fire off a quick fax, e-mail, or voice mail. Take a moment to
consider whether it really makes sense to do that. In today's bustling world, I
think we all have become a little hurried and a little too quick to "fire back."
Think about how your response is going to be interpreted. We have to work with
one another on a regular basis. Let's make an effort to make that close working
relationship-in a very challenging profession-even better.
Finally, on a personal note, make sure you take some time during the summer when
the weather is great throughout our state to spend a little time outdoors, a
little extra time with your family, and savor the blessings of our wonderful
state.
Thank you for the trust and confidence you placed in me in allowing me to serve
as the president of your Bar. I am honored and humbled beyond words. I just wish
my parents could be here to see it.
I look forward to working with each and every one of you throughout the coming
year. I will be making some trips around the various regions of our state to
visit with as many of you as possible.
I look forward to seeing you in the coming year.