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What does it mean for the legal industry? - Commercial Law League ...

What does it mean for the legal industry? - Commercial Law League ...

about clla Vol. 25 •

about clla Vol. 25 • Issue No. 2 March/April 2010 meeting notices Strategic Planning & Leadership Conference Boston August 5-8, 2010 CLLA Western Region One-Day Meeting Los Angeles October 15, 2010 The 90th Annual New York Meeting New York November 11-14, 2010 The CLLA Southern Region Conference New Orleans February 24-26, 2011 officers and board of governors President Ernest “Rick” V. Thomas, III, Cincinnati, Ohio President-Elect Gary Weiner, Springfield, Mass. Treasurer Murray S. Lubitz, White Plains, N.Y. Recording Secretary Barry J. Gammons, Nashville, Tenn. Immediate Past President David R. Gamache, St. Louis (Crestwood), Missouri. Board Members Robert A. Bernstein, Charleston, S.C. Christine Hayes Hickey, Indianapolis, Ind. Beau Hays, Atlanta, Ga. Marc Hirschel, Lakeville, Conn. Alan I. Nahmias, Encino, Calif. Jeff E. Rubin, Miami (Coral Gables), Fla. Jeffery Schatzman, Miami, Fla. Donald B. Scott, Mount Kisco, N.Y. Joseph Terkell, New City, N.Y. Julie A. Rausch, Milwaukee, Wis. Steve A. Ungerman, Dallas, Texas Executive Vice President Oliver P. Yandle editorial staff Board of Associate Editors David A. Rubin, Chair, Toronto, Ontario Nancy Hamilton, Vice Chair, Cleveland, Ohio Lawrence C. Brown, Vice Chair, Buffalo, N.Y. Elliott D. Levin, Immediate Past Chair, Indianapolis, Ind. Neil Abbott, Toronto, Ontario Richard G. Baumann, Los Angeles, Calif. John M. Birk, Gainesville, Fla. Nicholas Krawec, Pittsburgh, Penn. Lee M. Mendelson, Van Nuys, Calif. Louis S. Robin, Longmeadow, Mass. Robert Schatzman, Coral Gables, Fla. Editor Oliver P. Yandle Design/Publication Consultants Newcomb Integrated Marketing Solutions Publishing/Marketing Coordinator Erin Brereton Editing Director Joshua Greene Contributing Editors David Franklin, Montreal, PQ Steven A. Frieze, London, England Harry Greenfield, Cleveland, Ohio Nicholas Krawec, Pittsburgh, Penn. Joseph A. Marino, Clifton, N.J. Timothy Wan, Commack, N.Y. Young Members’ Representative CLLA Core Purpose: To be the leader in providing legal, educational and professional services to the business and credit communities. CLLA Core Values: • We provide service and value through competence, ethics and professionalism. • We foster relationships. • We create business and leadership opportunities. • We provide high quality education. • We are the leader in our industry. League members and other readers are invited to submit previously unpublished articles on commercial practice or topics relating to the general practice of law. Articles should be submitted electronically via e-mail. The preferred format is Microsoft Word or plain text. WordPerfect is accepted but not preferred. All articles will be reviewed. Send articles to ehart@clla.org. Manuscripts can be sent to Attn: Editor, Debt3, Magazine c/o Commercial Law League of America, 70 E. Lake Street; Suite 630; Chicago, IL 60601. CLLA can be reached at 312-781-2000 or toll free 800-978-2552.

president’s page President, Commercial Law League of America ® A History of the Commercial Law League of America In the last several months, I’ve had the pleasure of reading “A History of the Commercial Law League of America” — a fine tome that was published in 1976 and contains a collection of historical articles, annual presidential addresses and other interesting facts about the League. The author, Morris Weisman of Philadelphia, served the Commercial Law League as president, treasurer and League historian. I came across an interesting article about the drafting of the League constitution — which, apparently, has remained largely intact since its initial drafting in 1895. Edward Knox Sumerwell, known as the father of the League’s constitution, was born in Covington, Ky., in 1859 and attended Cincinnati High School. We grew up in the same backyard, approximately 100 years apart. William C. Sprague, the League’s first president, appointed Sumerwell chair of a 30-person committee to draft a proposed constitution for the League. Sumerwell also served as the League’s first treasurer from 1895 until 1901. At the annual convention in 1913, Sumerwell recounted the story of that 30-member committee to the membership. While extremely interesting, space — and, I imagine, my readers’ attention — limits my ability to recount some of the more remarkable passages. According to Sumerwell, “A splendid body of men and women had assembled; they had much in common, professionally, and found that they were unusually congenial socially. The meeting was a success from every viewpoint, and it was apparent that no one would be satisfied with less than a permanent organization of some sort.” Obviously, many of us still feel that sentiment. The committee of 30 at that first convention in Detroit was comprised of one representative from each state and territory. After having been appointed by Sprague, Sumerwell states, “The committee retired at once and remained practically in continuous session for more than two days before the questions before it were all satisfactorily settled.” Evidently, there were several efforts to “adjourn without action,” but the committee felt it was important to finish with as unanimous an agreement as possible for fear that the coalition would fall apart. I found the most interesting section of the address to be the following. I apologize for the length, but feel it is, in many ways, as relevant to our present organization as it was more than 100 years ago: It may not be inappropriate to analyze a few of the matters which gave rise to discussion. The chief contention was over the question of restricting membership to attorneys-at-law. The attorneys were, of course, largely in the majority in the convention and, as a voting unit, could have enforced such restriction. It was strongly urged that professional dignity required the limitation and that, in any event, it would be wholly impractical to unite with the lawyers in one organization various elements represented in the call for the convention. Apart from the ethical considerations, the point was made that the interests of the lawyers were opposed to those of the others and that harmony between them would be impossible. On the other hand, it was urged that, having accepted the invitation which included the other elements, the attorneys were in no position to raise these objections and that, if any permanent organizations at all were effected, it must include all the branches included in the invitation. It was also pointed out that through the exercise of tact and mutual forbearance, much could be done through the organization to correct abuses and bring about a better understanding all around. The necessity for an organization of the composite type finally became so apparent that opposition to it virtually ceased, and while a single objection was raised upon the floor of the convention, it was withdrawn, in the interest of harmony, and it may fairly be said that, in the end, the convention was fully agreed upon this fundamental idea. It is needless to add that, in light of the experience of the later years, the fears regarding the composite type of organization were groundless and that the blending of several elements of which the League is composed has proven to be one of its most attractive and helpful features. The non-professional members have contributed greatly to the upbuilding of the League and much of the interest in the annual conventions is continued on next page Ernest V. Thomas, III was born in Cincinnati, Ohio. In 1979, Ernest, better known as Rick, received his B.A. degree from Thomas More College, located in Crestview Hills, Kentucky. Rick graduated from the University of Cincinnati College of Law in 1982 with a J.D.. Rick is admitted to practice law in both Ohio and Kentucky as well as being licensed to practice in the Federal Courts and the United States Court of Appeals for the Sixth Circuit. Rick is a member of the American Bar Association, Ohio State Bar Association, Kentucky Bar Association, and Cincinnati Bar Association. Rick is also a member of the Commercial Law League of America, the American Collectors Association and the International Commercial Collectors Association. Debt 3 March/April 2010 5

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IN THIS ISSUE - Commercial Law League Of America
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