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.