From the President

MIKE ABELOW, Publisher WILLIAM T. RAMSEY, Editor-in-Chief CAROLINE SAPP, Managing Editor LAUREN POOLE, Managing Editor JILL PRESLEY, Layout/Design/Production

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RAMONA DESALVO TIM ISHII KELLY FREY SUMMER MELTON ROB MARTIN BART PICKETT KATLIN RYAN KRISTIN THOMAS JONATHAN WARDLE

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FROM THE PRESIDENT Making A Statement | Mike Abelow

The NBA speaks on your behalf on matters of public interest, and the power of the NBA’s voice comes from the fact that the we speak for over 2,500 attorneys. As a large group of attorneys, the NBA is listened to when it speaks, but some of that power comes from the careful way in which we choose to speak on your behalf. Since I took over as Bar President in December 2020, I have heard from several of you urging the Bar to take a position, and an almost equal number of you commenting positively—and sometimes negatively— on things we have said. This month, I thought it would be helpful to provide a peek behind the curtain and outline the careful way the Board considers making statements on your behalf.

The Board of Directors has a well-established policy, adopted in 2011, on taking official positions on matters of public interest. The policy tries to adhere to the “Goldilocks principle” and make statements on those matters involving the administration of justice but avoid getting involved in matters of a predominantly partisan nature.

Fortunately, to try to make sure the porridge is “just right,” these decisions are vested, in the first instance, in the Board’s Governance Committee—ably headed by our First Vice President Lynne Ingram—which makes recommendations to make public statements to the full Board. For those who are interested, the policy is available at NashvilleBar.org/PublicInterestPolicy. To summarize, the policy generally provides that the NBA should make statements on matters of importance to the legal system, the courts, the administration of justice, or when the NBA’s silence could be misconstrued. On the other hand, the NBA should not make statements about matters of a predominantly partisan nature. Of course, it is not always obvious where the dividing lines are here—but I can assure you that the Board works hard to try to get it right.

Another factor we consider in making a statement is whether or not the NBA taking a position will be helpful or harmful (the lawyer equivalent of the Hippocratic oath). In some cases, the NBA will take a public position regardless, and in other cases we will work behind the scenes and assess if taking a public position could be counterproductive to the cause we are being asked to speak on.

Finally, a key factor we have emphasized is that, if we are going to make a statement, we need to do so promptly. I am proud of our Governance Committee, which has jumped into action several times on an expedited basis to consider making a public statement. When we do make a public statement, we seek to do so quickly, and, where appropriate, in coordination with other influential organizations.

I very much appreciate the feedback I have heard from those of you who have reached out to urge the NBA to comment, and the positive and negative feedback I have received when we have commented (or not). Please do not hesitate to reach out to me, or to any NBA Board member, to let us know when—in your view—we have gotten the balancing act right, and when we get it wrong. We are not perfect, but we are careful, and try very hard to be your collective voice on matters of public interest where the NBA’s voice can make a difference. n