301 AMERICAN BAR ASSOCIATION ADOPTED BY THE HOUSE OF DELEGATES AUGUST 12-13, 2013 RESOLUTION RESOLVED, That lawyers and judges employed in a government, military, legal services or non-profit employment setting, be eligible to join the American Bar Association (ABA) as a group under the Public Service Group membership program with annual dues of $95 per person, effective for dues commencing with the 2014-2015 membership year and each year thereafter, subject to the following conditions: 1) Each office, agency or organizational group seeking membership under this program must have five or more participants; 2) 50% of the group shall be new members of the ABA at the time of the group’s formation; 3) Bar admission in the U.S. is a requirement for group membership; 4) Each group shall identify a single point of contact (Group Administrator) to promote the program and handle all ABA billing, informational, and collection activities; 5) Each individual participant must self-certify eligibility on an annual basis; and, 6) Each individual participant must belong to at least one Section, Division or Forum for every year of membership through this program. 301 REPORT The House of Delegates authorized the testing of new dues pricing concepts in 2006 with the caveat that no more than 15% (increased to 30% in 2010) of the Association’s membership can be at a test rate. The Standing Committee on Membership (SCOM) has been charged with the responsibility to develop pilot rate programs, which it then submits to the Board of Governors for approval. The Public Service Group (originally called Institutional Pilot) concept is to provide a greatly reduced, flat ABA dues rate for judges, government, public legal services, and other lawyers working in a not-for-profit context who work in the same office or courthouse or can reasonably be defined as a “group.” The pilot program’s objectives are to increase membership and facilitate greater participation in the ABA within this underrepresented sector. The Board of Governors approved the initial pilot program in April 2006. The pilot tested pricing sensitivity, number and retention of new members, level of participation/membership in Sections, diversion of full dues-paying members to the pilot program, operations management/service/billing and cost/benefit to the Association. As of July 2013, there are 90+ government offices participating in the pilot, with approximately 1,700 members. The current pilot program is limited to U.S. licensed lawyers only. Attorneys general, courts, government agencies, legal services organizations, and foundations are eligible for participation, and are Association members through this program. The requirement that 50% of the group be new to the ABA at the time of the group’s formation spurred member-get-a-member recruitment efforts as current ABA members encouraged their colleagues to join so all could enjoy the low rate. As a result, more than 50% of current pilot participants were recruited to the ABA through member-get-amember recruitment efforts. ABA membership retention of groups and participants joining through this program appears very high; between 2006 and 2012, only two groups had significantly reduced their numbers. Section, Division and Forum support for this program is extremely high. For example, Antitrust Law (SAL) successfully recruited lawyers from the Federal Trade Commission, and the National Association of Attorneys General, all of whom attend SAL programs, contribute to SAL publications, and actively participate in SAL events. The presence of these government lawyers at SAL programs and events attracts private-sector lawyers who want to hear from and interact with their colleagues in government. 2 301 The Judicial Division’s membership began to climb in 2010 after more than a 20-year decline. Using the pilot program as a catalyst, the Judicial Division aggressively marketed the ABA and the Public Service Group program to judges. Now, roughly 20% of Judicial Division members are pilot group program participants. The Judicial Division effectively has used this program to turn around its membership decline. A joint SCOM/SOC subcommittee was formed in August 2012 to review the Public Service Group membership program. The joint SCOM/SOC subcommittee reviewed the program in depth and also prepared and circulated a survey to gather feedback, which was overwhelmingly in favor of continuing the pilot program as a permanent dues program. Proposal SCOM recommends that the Public Service Group membership program become a regular dues program of the ABA with the following group membership pricing proposal, to be implemented in 2014-15: Group participants must be employed in a government, military, legal services or non-profit employment setting; A minimum of 5 participants in a group; Bar admission in the U.S. is a requirement for group membership; A single point of contact at the group -- one individual to serve as the Group Administrator to promote the program and handle all ABA billing/collection activities -- is required; 50% of the group must be new to the ABA at the group’s formation; Individual participant eligibility must be self-certified on an annual basis; $95 annual dues rate; and Individual participants must belong to at least one Section, Division or Forum for every year of membership through this program. Conclusion The ABA markets itself as the voice of the nation’s legal community, and as such, it is critical that all components of that community be represented. The ABA has long sought to increase membership of judges and lawyers in the public sector. The Public Service Group membership pilot program has made some significant progress in reaching that goal. This recommendation to make it a regular dues program comes after more than five years of pilot testing and a conclusion that the pilot dues program was successful in stabilizing and growing membership among judges and government staff. We urge the House of Delegates to consider moving this pilot program to permanent status. Respectfully submitted, Barbara J. Howard, Chair Standing Committee on Membership July 2013 3 301 GENERAL INFORMATION FORM Submitting Entity: Standing Committee on Membership Submitted By: Barbara J. Howard, Chair 1. Summary of Resolution(s). SCOM requests HOD approval to offer ABA dues pricing of $95 to judges and lawyers in public service who meet the associated requirements. 2. Approval by Submitting Entity. Approved by the Standing Committee on Membership on April 6, 2013, and the Board of Governors on June 15, 2013. 3. Has this or a similar resolution been submitted to the House or Board previously? No 4. What existing Association policies are relevant to this Resolution and how would they be affected by its adoption? The House of Delegates authorized the use test pricing with up to 30% of the Association’s membership (updated February 2010). The Public Service Group Pilot program was approved by the Board of Governors to test pricing for public sector groups and has been in existence since April of 2006. The Membership Committee is seeking to make this pilot program a permanent dues program for the membership year 2014-2015. 5. If this is a late report, what urgency exists which requires action at this meeting of the House? The pilot program was put on “hold” in 2011 while the Membership Committee conducted its program analysis and entities were discouraged from promoting the formation of new Public Service Groups. We are asking for a review by the House of Delegates so that Sections, Divisions and Forums can begin aggressively marketing the program. 6. Status of Legislation. (If applicable) N/A 7. Brief explanation regarding plans for implementation of the policy, if adopted by the House of Delegates. The Membership and Marketing Department will develop marketing materials and assist Sections, Divisions and Forums with their marketing of the group program. 8. Cost to the Association. (Both direct and indirect costs) Group members will pay ABA dues of $95 plus one Section, Division or Forum membership. For those government lawyers or judges in practice 10 years or more, their rate without this program would be $225, consequently the ABA forgoes dues revenue of $130 per member but only if the member would have joined or retained at the higher rate. 9. Disclosure of Interest. (If applicable) N/A 10. Referrals. All Sections, Divisions and Forums. 4 301 11. Contact Name and Address Information. (Prior to the meeting. Please include name, address, telephone number and e-mail address) Barbara Howard BARBARA J. HOWARD CO., L.P.A. 120 East Fourth Street, Suite 960 Cincinnati, Ohio 45202 (513) 421-7300 (o) (513) 702-1955 (c) barbhoward@aol.com 12. Contact Name and Address Information. (Who will present the report to the House? Please include name, address, telephone number, cell phone number and e-mail address.) Barbara Howard BARBARA J. HOWARD CO., L.P.A. 120 East Fourth Street, Suite 960 Cincinnati, Ohio 45202 (513) 421-7300 (o) (513) 702-1955 (c) barbhoward@aol.com 5 301 EXECUTIVE SUMMARY 1. Summary of the Resolution SCOM requests HOD approval to offer ABA dues pricing of $95 to judges and lawyers in public service who establish a group per the requirements. 2. Summary of the Issue that the Resolution Addresses The resolution addresses the challenge of recruiting and retaining judges, government, intergovernmental, international institution, and nonprofit lawyers. 3. Please Explain How the Proposed Policy Position will address the issue The resolution addresses the challenge through offering public sector lawyers and judges a pricing advantage to join as a group of five or more. 4. Summary of Minority Views Not aware of any. 6