2009 Foundation Annual Report - Rhode Island Bar Association

John A. Tarantino2009-2010President’s MessageThis past year has been one marked by both changes andchallenges. In March 2009, changes to the Rules of ProfessionalResponsibility dealing with Interest on Lawyers’ Trust Accounts(IOLTA) went into effect, mandating IOLTA accounts for allnon-exempt attorneys, i.e., any attorney or law firm that holdsclient money must now establish an IOLTA account. The rulesalso were changed to ensure that the financial institutions whereattorneys and law firms establish their IOLTA accounts pay thesame interest rates on IOLTA accounts that they pay on non-IOLTA accounts so long as the accounts have the same minimumbalance or other requirements. Consequently, attorneys andlaw firms must establish their IOLTA accounts in financial institutionswith interest rate parity.The rule changes have worked well; hundreds of newIOLTA accounts have been established. Despite what are stillsubstantial problems in the real estate market (i.e., real estatetransactions generate the vast majority of IOLTA interest) andhistorically low interest rates paid by financial institutions, wehave been able to continue to fund many valuable programs thatmeet the Foundation’s mission to educate people about the lawand provide needed resources for legal services to the poor andunderprivileged.But there have also been challenges. The sour economy hasforced the Bar Foundation to reduce its IOLTA funding tograntees. However, unlike some other bar foundations, we havebeen able to do so modestly rather than dramatically. Somefoundations have had to close up shop, as the economy has devastatedtheir funding and, consequently, their programs. Somepredicted that the same tragic fate would befall our ownFoundation. But just as William Faulkner “declined to acceptthe end of man” when he gave his speech upon receiving theNobel Prize, we have declined to accept the end of ourFoundation and all of its good works. And just as Faulkner alsopredicted that “man will not merely endure, he will prevail,” so,too, do we have the same foresight about our Foundation. Withyour help, support and hard work, we will not only endure, butprevail, continuing to make significant grants to provide legalservices to the poor, improve the delivery of legal services, promoteknowledge and awareness of law, and improve the administrationof justice.We pledge to do our best to ensure that our most significantsources of revenue, which come from attorney participation inthe IOLTA program, as well as the annual contributions wereceive from our Fellows, will be used wisely to meet thesegoals. Additionally, through the generosity of the Thomas F.Black, Jr. Memorial Scholarship Fund, which was establishedmore than 20 years ago to support and foster legal practice standards,we will continue to assist Rhode Island residents whoshow the promise of one day become outstanding lawyers andleaders of the Bar, and who presently need financial assistance inorder to continue their legal studies.The Board of Directors and the Fellows of the BarFoundation vow to continue these good works and we look forwardto maintaining the strong relationships we have with ourIOLTA grantees. We will work with them as we continue tohold these truths as self-evident: all men and women are notonly created equal, but are entitled to equal access to justiceunder the law.In closing, I thank the Bar Foundation Board of Directors,the Fellows and our excellent staff for all that they do. I amhonored to work with you all and to serve as your President.Together we have faced the worst and we have endured.