President’s Message

Making Progress

By Matthew Moschella

Matthew C. Moschella is chair of the Litigation Department at Sherin and Lodgen and a partner in the firm’s Litigation and Employment Departments. He represents companies and individuals in a wide variety of civil matters in state and federal courts across the country as well as in arbitration proceedings. Moschella also represents employers concerning complaints filed against them with state and federal administrative agencies. In addition to representing clients in various types of civil litigation, he counsels clients in a wide variety of industries on employment risk management issues. Moschella is also an adjunct professor at New England Law Boston, where he teaches contract drafting. Following law school, he was a law clerk to Hon. Judith Gail Dein, U.S. magistrate judge, U.S. District Court for the District of Massachusetts. I am writing this installment during the first week of November (although you are likely reading it long after that) and reflecting on the super-productive first month of the FBA year, which was due to the excellent work of numerous FBA leaders and members across the country. Anyone who was at the annual meeting in Charleston, S.C., may remember that we talked about focusing on three areas this year: (1) being the dominating bar association presence at law schools across the country; (2) recognizing, supporting, and appreciating the broader court community; and (3) strategic membership placement by having current knowledgeable FBA leaders identify other potential leaders and members, connect them with the FBA, and get them placed in leadership roles that will maximize their interests and skillsets.

We are off to a great start on these areas. Regarding law schools, in October, the National Board of Directors voted to set the dues for law student membership at $0 for the duration of a joining member’s time in law school and—to facilitate the transition from law student member to the Younger Lawyers Division and professional member—for the year immediately following their graduation from law school (provided that they joined the FBA while in law school). This step will greatly facilitate the FBA’s ability to attract new law student members. In addition, there is a newly formed working group of national leaders holding key positions that meets regularly to collaborate and discuss steps for implementing a methodical outreach effort and plan to law schools across the country. This approach is already yielding helpful information and results.

The FBA has also continued to make great progress in recognizing, supporting, and appreciating the broader court community. The Clerk’s Committee of the Judiciary Division developed a new national award called the FBA Unsung Hero Award, which was created to honor a person whose work exemplifies the many individuals who ensure the safety and efficient operation of the federal judiciary. The Award will be presented annually to a member of the court community who, while serving in a nonlawyer or nonjudicial role at the local, state, or federal level, has—in service of the federal judiciary—demonstrated career contributions or exceptional heroics that have maintained and improved the safety and functioning of the courts and the community at large. The National Board approved the award in October, and eligibility and nomination criteria will be announced soon. The FBA also took the lead in organizing a group of bar and judicial organizations to collectively support the Daniel Anderl Judicial Security and Privacy Act (which would prohibit federal agencies and private businesses from publicly posting certain personal information (e.g., home addresses) of federal judges and their immediate family members and also (1) requires information to be removed upon written request from the federal judge concerned, (2) prohibits data brokers from purchasing or selling such information, and (3) establishes programs to protect such information at the state and local level and to enhance security for judges). The collective efforts led to these organizations sending two jointly signed letters to members of Congressional leadership supporting the Act and advocating for its approval.

Getting to the other focus area—strategic membership placement—the question often comes up of what we should be telling prospective members about the benefits of the FBA and reasons to join. To assist us all in formulating responses to this frequently asked question, I asked a group of FBA past presidents—who know this organization inside and out—how the FBA has most benefited them in a specific and concrete way. They responded as follows:

• “As a judge for over two decades, the FBA has during this time served as a forum to exchange ideas with federal practitioners from across the nation as to how bench and bar can continuously support and improve our justice system.” (Hon.

Gustavo Gelpi, Circuit Judge, U.S. Court of Appeals for the First Circuit) • “I cannot emphasize how important the FBA has been to my career. Simply put, I wouldn’t be a federal judge without all of my years of service in the FBA. I’ve been afforded leadership opportunities that I never otherwise would’ve had; I’ve made good friends from throughout the United

States; and the FBA allowed me to have a civics platform, on a national basis, to work with young people to explain the important role of federal

judges throughout the United States. I am forever grateful.” (Hon.

Michael Newman, U.S. District Judge, Southern District of Ohio) • “FBA membership—and particularly leadership at chapter, circuit, and national levels—permitted me to expand my professional experience and enjoyment beyond imaginable scope of what otherwise would have been available. There can be no substitute for opportunities such as personally meeting and having informal conversations with judges and other judicial officers, helping develop and promote legislative and regulatory improvements, and meeting and developing new and genuine friendships with colleagues all over the country.” (Robert Mueller) • “Thanks to the FBA and the network it provides, I have access to top attorneys in other states who did exactly what I needed them to do—for example, closed a difficult and contentious real estate transaction, provided skilled co-counsel for defending a class action, provided a lovely conference room for a deposition and an arbitration, and took good care of referrals which resulted in very grateful clients.” (Joyce Kitchens) • “Even though the FBA is a national organization, I found opportunity abounds for participation and leadership, for all.” (Juanita

Sales Lee) • “As Chairman of the Indian Law Section my name and position as an attorney for the civil rights division (USDOJ) was announced to the 750 attendees of our annual Indian Law conference three times a day which brought referrals to me of American Indian victims of civil rights violations; at my retirement the AAG for

Civil Rights said I’d filed more cases on behalf of American Indians than any other attorney in the history of the Division, a direct result of being an FBA member.” (Lawrence Baca) • “The FBA strengthened my personal and professional relationships with our local federal judges, before whom I still continue to practice. When I was president of the FBA in 2003, the organization jointly presented a white paper at the U.S. Supreme Court with the ABA to then-Chief Justice William H. Rehnquist, who was accompanied by Associate Justices Breyer, Kennedy, and

Souter, concerning the pressing issue of federal judicial pay. The conference was undoubtedly a career highlight for me, but more importantly it allowed the FBA and the Chief Justice to speak as a collective voice about an important issue that never ceases to resonate. Several judges in Dallas, and Justice Souter with a follow-up note, kindly thanked me afterwards for the work we do with the

FBA, and it was only because of the opportunity the FBA offered me, particularly at a national level, that I was able to enhance my relationships with the federal bench and those fine people who work to support and sustain our court system.” (Kent Hofmeister) • “The Federal Bar Association it’s a steal because it offers local chapters, substantive law sections, and a national organization at the lowest cost of any Bar Association in America.” (Robert De

Sousa) “Membership in the FBA led to an invitation to speak at an annual, prestigious conference. Through that annual conference,

I was fortunate to meet a long-term, repeat client. Membership in the FBA helped me to better serve a Fortune 150 client by having relationships with trustworthy and effective local litigation counsel in cities throughout the United States.” (Maria Vathis) • “Being involved in the Federal Bar Association over my career has given me the opportunity to build lifetime friendships with those serving within our national legal community, from America’s Judicial, Legislative, and Executive Branches of government to its law schools, private corporations, legal organizations, and non-profit organizations that seek to improve our system of justice and increase understanding of our U.S. Constitution. One could not hope for better friends.” (West Allen) • “As in-house counsel, I have relied on my FBA network to assist me with legal matters throughout the United States. I’ve hired counsel for employment and litigation matters through my FBA connections and importantly, have also had the ability to pick up the phone informally and run things by attorneys who know the local laws and landscape better than I do, which has helped me provide better guidance to my company. It’s been a big “value add” for me.” (Anh Le Kremer)

Hopefully these responses and insights can assist us all in approaching and recruiting new members to involve them in the FBA, and in working with existing members to get them placed in key leadership positions to best maximize their interests and skill sets. 

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