Dear Friends - It is just about 3 o’clock on New Year's Eve afternoon 2013 as I write this. Downcity Providence, RI is nearly empty, and the office is quiet. My goodness, it seems like just a couple of weeks ago that I was going through year end 2012!  Where does the time go?

 

Having returned from our annual family Christmas party in New Jersey a few days ago with Karen, our sons Andrew and Michael, and Michael’s fiancé Jessica, my thoughts turn to all of our ADTA colleagues, friends and families as 2014 is about to begin.

I offer you all this prayer that Ralph Waldo Emerson wrote:

For each new morning with its light,
For rest and shelter of the night,
For health and food, for love and friends,
For everything Thy goodness sends.

I want to thank each and every one of you who has served this great Association during the past year, and welcome those of you who have recently joined us as members.  Karen and I wish all of you, and your Families and loved ones, a peaceful, prosperous and very Happy New Year!  We can’t wait to see you all in Vancouver, April 22 – 26, 2014!

 

HAPPY NEW YEAR!!

David and Karen

 

Happy Thanksgiving ADTA Nation!

The other day Karen and I were watching the news at dinnertime. There was a story about when the fourth Thursday of November became the "official" Thanksgiving holiday in the United States. Karen of course knew all about it; I stared blankly at the TV and wondered (again) why she puts up with me. 

So to remedy my abject ignorance I went to Wikipedia to learn more. (Where else? If it's on the internet, it must be true.) Here is what I found out not only about Thanksgiving in the United States, but also about the celebration of the holiday in Canada:

The reason for the earlier Thanksgiving celebrations in Canada has often been attributed to the earlier onset of winter in the north, thus ending the harvest season earlier.^[23] Thanksgiving in Canada did not have a fixed date until the late 19th century. Prior to Canadian Confederation, many of the individual colonial governors of the Canadian provinces had declared their own days of Thanksgiving. The first official Canadian Thanksgiving occurred on April 15, 1872,^[24] when the nation was celebrating the Prince of Wales' recovery from a serious illness.^[23] By the end of the 19th century, Thanksgiving Day was normally celebrated on November 6. However, when World War I ended, the Armistice Day holiday was usually held during the same week. To prevent the two holidays from clashing with one another, in 1957 the Canadian Parliament proclaimed Thanksgiving to be observed on its present date on the second Monday of October.^[6] Since 1971, when the American Uniform Monday Holiday Act took effect, the American observance of Columbus Day has coincided with the Canadian observance of Thanksgiving.^[25][26]

Much as in Canada, Thanksgiving in the United States was observed on various dates throughout history. From the time of the Founding Fathers until the time of Lincoln, the date Thanksgiving was observed varied from state to state. The final Thursday in November had become the customary date in most U.S. states by the beginning of the 19th century. Thanksgiving was first celebrated on the same date by all states in 1863 by a presidential proclamation of Abraham Lincoln. Influenced by the campaigning of author Sarah Josepha Hale, who wrote letters to politicians for around 40 years trying to make it an official holiday, Lincoln proclaimed the date to be the final Thursday in November in an attempt to foster a sense of American unity between the Northern and Southern states.^[27] Because of the ongoing Civil War and the Confederate States of America's refusal to recognize Lincoln's authority, a nationwide Thanksgiving date was not realized until Reconstruction was completed in the 1870s.

On December 26, 1941, President Franklin D. Roosevelt signed a joint resolution of Congress changing the national Thanksgiving Day from the last Thursday in November to the fourth Thursday. Two years earlier, Roosevelt had used a presidential proclamation to try to achieve this change, reasoning that earlier celebration of the holiday would give the country an economic boost.

You can click here for the entire Wikipedia piece.

And so before I go any further, 1,000 aopologies to our Canadian colleagues and their families for my failure to wish you all a Happy Canadian Thanksgiving on October 23rd. Henceforth I shall try to remember the significance of the second Monday in October to those of you who reside in beautiful Canada! 

Regardless of its origin, Thanksgiving is a wonderful holiday. It is a day to celebrate with and for each other, and to give thanks for the many blessings God has bestowed upon us.

I don't believe the meaning of this holiday can be expressed any better than this, by ADTA's own Dan Kohane yesterday on Facebook:

Have I told anyone lately that Thanksgiving is my favorite holiday? Those who know me best, know that this has been my mantra for years. This is a holiday designed to remind us of our blessings. It is non-commercial, requires or necessitates no gifting, and is simply a time to get together, as a family of eclectics, to rejoice in what we have. To you, my friends, I wish you the happiest of Thanksgivings. Celebrate your families and rejoice in your friendships.

Amen. God bless all of you, wherever you are!

Happy Thanksgiving, ADTA Nation!

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Greetings to ADTA Nation from New England (where it is getting colder and colder):

Look, I love my two boys. I love talking about them. Andrew and Michael are smart, kind, hardworking, and creative. (And of course handsome, because of their mother.)

 

Michael is now 30 (I'm certain he can't really be that old because that means that I am...well...nevermind). He just moved to Dallas, Texas. And so guess what?! I'm gonna be wearing my shiny black Luchese cowboy boots more often!! I purchased them last March in San Antonio, Texas when Karen and I attended the FDCC's Winter Meeting as ADTA ambassadors. I needed a pair for the Big Dance, which was Western style. I was sure that, after the Big Dance, I'd never wear them again. Now I'm fixin' to spend time in the Bid D and put those boots to good use!

But Cowboy boots aren’t what I want to talk about. I’m not gonna talk about how proud I am that Michael is now an "official," licensed architect with “AIA” and “LEED AP” after his name (although I sure am proud of that boy!).  Here’s what I really want to tell all of you, and why it relates to the ADTA:

Andrew and Michael have attended ADTA meetings over the years with Karen and me, and have really enjoyed them. They have made friends with many of you, and for Karen and me their participation has been an integral part of what ADTA Nation means to our family.

And here’s a really cool thing: Yesterday Michael sent Karen and me an email with a picture attached to it. Here it is:

The picture is of Michael and Shade O’Quinn, one of the managing partners of Raymond Harris & Associates, Inc. the Dallas architecture firm that Michael now works for. The picture was taken on Monday evening at a meeting of AIA Dallas, the Dallas chapter of the American Institute of Architects.  Shade is a past President of AIA Dallas.  He invited Michael to attend the chapter meeting, Michael's first. Michael was excited about attending the meeting because he knows how important it is for him to foster meaningful, ongoing relationships with his professional colleagues. He knows it will make a difference to his life, professionally and personally, in the coming years.

How does he know that? Well, he is smart and he gets it, but also because for the past ten years he has heard me talk about how that same dynamic has been so important to me as an ADTA member. More importantly, he has experienced that dynamic at ADTA Annual Meetings. He knows how important our ADTA Family has become in my life and Karen's, too. He wants the same thing in his life.  Karen and I are thrilled.

At its core, ADTA is about Family, Friends and Fellowship. Yes, ADTA directly impacts our bottom lines because our members have the opportunity to develop strong, ongoing, meaningful professional relationships with the best trial lawyers in the United States, Puerto Rico, Canada and, this year for the first time, the United Kingdom. We also experience top shelf CLE at our meetings.  But underlying the professional aspect – indeed, what makes that possible – is the strength of the personal relationships between and among our active members. Which is why if you are not coming to ADTA Annual Meetings you are missing the very best part of ADTA Nation. (Think Vancouver, April 22-26, 2014; and Ponte Vedra, April 22-26, 2015.)

So I’m making two pitches today:

(1) Please, right now (don’t wait), add an ADTA associate member from your firm. (Heck, add more if you can. There is no limit. My firm has 3 proud associate ADTA members.) And get this: The dues for the year in which the new member joins are waived! Adding associate ADTA members is a great way to get your lawyers involved in building those ongoing, meaningful professional relationships that will benefit them and your law firm in future years.
 

(2) We want to add members in the two States where we have none, and we need your help to find them. That would be in the two great States of Wyoming (think Cheyenne, Casper and Laramie) and Delaware (Wilmington, Dover and Newark). If you know defense trial attorneys in those places who meet our qualifications for membership, please let me or Bill Staples (wstaples@archernorris.com) know ASAP.

The Tradition of Excellence Continues!

A Successful ADTA Mid-Year Executive Council Meeting!

GREETINGS ADTA NATION!
 

As I write this, I am on Delta Airlines 30-something thousand feet over who knows where en route from Minneapolis to Boston. Karen and I are heading home from the ADTA Mid-year Executive Council [EC] Meeting at Vancouver's Fairmont Pacific Rim Hotel, November 6 – 9, 2014.

What a great EC meeting!

I am so proud of our EC … first-class lawyers who sacrifice their valuable time for the good of all ADTA members. We scrapped our usual format and, after taking care of some "business," went to break-out sessions with a focus on our committees. What should they do? How should they do it? How should our committees be structured? And what should the EC's role be in this process? How can ADTA create a culture of accountability to develop and maintain excellent member services as ADTA grows into the future?

On Friday night, our final evening together, I enjoyed watching Tom Hurney overcome his fear of heights as we ascended three thousand or so feet up the side of Grouse Mountain on the gondola.  In front of us was a sparkling nighttime panoramic view of Vancouver.  There is a delightful gourmet restaurant at the top of the mountain which was the venue for our final night EC dinner. Superb food, great company, ADTA Spirit!  Grouse Mountain will be a part of our dine-around at the Annual Meeting.  Simply spectacular!  You won't want to miss it!

I love Vancouver's Fairmont Pacific Rim Hotel for our 2014 Annual Meeting – located in the middle of everything that Vancouver has to offer.  It reminds me a lot of our 2010 Boston meeting at the Copley Marriott...city energy, a great harbor (but even better - at the Pacific Rim the harbor is literally across the street), friendly people, walking distance to everything,. From the moment you enter the hotel lobby, you can feel a sizzle that you just want to be a part of! 

This is going to be a GREAT annual meeting!!

I can't wait to see you all there next April 22 – 26, 2014!
 

We made progress at the 2013 ADTA Mid-year EC meeting.  ADTA leadership  is firmly committed to working toward progress that is consistent with our great ADTA Tradition.  The only missing ingredient is YOU – we need your help …  please let me, Peggy Schultz, or any one of our officers or other EC members know if you have an interest in volunteering for service in the ADTA. We will find a place to put your time and talents to the best use for the benefit of our members. Please don’t be shy.  Let us know!

Wishing you and your Families a peaceful and warm Holiday Season!

The Tradition of Excellence continues!

President's Article for the Winter issue of the IACP's “Declarations”

To all of our ADTA Friends and Family – Below is the piece I wrote for the Winter issue of “Declarations,” the semi-annual magazine of the International Association of Claims Professionals. The Presidents of the ADTA, IADC, FDCC and DRI are invited to write a piece for each issue. It is one of the ways that we make our association visible to members of the insurance industry that many ADTA members and law firms serve.

I hope all of you and yours are well as summer proceeds.  Pretty soon, many of us will be seeing cooler temperatures and different colored leaves on the trees. 

Best,
~David

___________________________

As I waited in the third floor lobby of the John Joseph Moakley United States Courthouse in Boston recently for a Mediation to begin, I wondered what must be going through the minds of the lawyers representing James "Whitey" Bulger in a nearby courtroom.  In that case, as many of you may know, federal prosecutors allege that Bulger murdered 19 people as the leader of a protection racket that targeted drug kingpins and the heads of illegal gambling operations.  By the time you are reading this, perhaps you will have read about a verdict.  If convicted, Bulger could face the death penalty. For Bulger, it is a very risky situation indeed.

As I thought about the issues, legal arguments and strategies in my case - in which money damages are at stake - I could not help but wonder how the lawyers who represent Bulger and other criminal defendants must feel, knowing that their clients' money and personal liberty are at risk. 

 

"Risk."  It is at the heart of what every IACP member professional deals with every day.  And, ultimately, "risk" is what insurance defense trial lawyers deal with every day, as well.  It is never entirely clear what a judge or jury will do, how they will perceive the facts or witnesses' credibility, and ultimately what value they might (or might not) place upon a particular outcome. 

And so, insurance professionals and defense lawyers seek the same goal:  To minimize risks by understanding the underlying facts and the law that applies to them in a myriad of different situations with a seemingly infinite number of variables.  IACP professionals and insurance defense lawyers share the need for good information and timely, competent advice. 

Where does that come from? 

We can benefit from the "book knowledge" gained by attending school, and by studying at the "College of Hard Knocks" - the experience of handling our work on a day-to-day basis.  But the question remains:  What else can we do to prepare ourselves to make good decisions on the risks our insureds and clients face every day? 

I would submit that groups like the International Association of Claims Professionals, as well as the group I currently lead - the Association of Defense Trial Attorneys (ADTA) - are critical components in the ongoing process of education and experience for insurance claims professionals and the attorneys who represent them and their insureds.  The superb quality of educational programming that IACP provides its members is evident - we at the ADTA have a similar focus on high quality "continuing legal education" at our annual meetings.  At the Greenbrier this past April 2013, for example, ADTA's "CLE" programming focused on law firm management, on how lawyers can better manage and utilize human and technology resources to provide quality legal services efficiently at a reasonable cost.  It was a terrific program and was very well received by our members.

But the IACP and ADTA are more than educational programming.  Much more. 

When I became ADTA president at our Greenbrier meeting, I spoke about three things that ADTA has offered since its inception 72 years ago that I believe reflect the core values of our organization: (1) A warm welcome; (2) a promise of fellowship; and (3) a tradition of excellence.  What those things add up to is a unique opportunity to gain education and experience by building strong, personal relationships with other similarly situated professionals in jurisdictions throughout the United States, Puerto Rico, Canada and the United Kingdom.

ADTA is delighted to participate in IACP's Annual Meetings.  My wife Karen and  I greatly enjoyed our experience last year at the Walt Disney World Resort in Orlando, and we look forward to being with you again at future meetings.  It was evident last year in Orlando that IACP's members share the same passion for "getting it right" that ADTA members strive for in the work our member defense trial attorneys do every day, in and out of the courtroom. 

What was also evident is that the IACP is much more than educational programming.  IACP's members share the ADTA's core values of fellowship and excellence through strong personal relationships developed over the years with other members.  And those relationships reinforce our education and experience, and make us better at what we do every day.  And that helps us to make better decisions about how to manage the "risks" that we all face every day.

 

ADTA thanks the IACP for the opportunity to be involved!  We hope to foster a strong relationship between our organizations in the future. 

If you have any questions about how ADTA member attorneys can assist you or your firm on a wide variety of insurance issues, I would love to hear from you.  Or visit www.adtalaw.com. 

The Tradition of Excellence Continues!

HAPPY MOTHERS DAY, ADTA NATION!

If evolution really works, how come mothers only have two hands? 

-Milton Berle

HAPPY MOTHERS DAY!