Bar President-elect Candidate Lanse Scriven’s Platform Statement
Bar President-elect Candidate Lanse Scriven ‘s Platform Statement
I am grateful to have been able to interact with so many lawyers during the course of my campaign to serve as president-elect of The Florida Bar. As a profession, we are navigating precarious times stemming from the technology disruption affecting the profession and the uncertainly engendered by the once-every-20-year convening of the Constitution Revision Commission, which could bring about sweeping changes to the judicial branch. Below is my perspective on those issues and a few more.
1. Constitution Revision Commission. I believe the most significant issue facing the Bar in the next 18 months will be the work of the Constitution Revision Commission (“CRC”). While the convening of the CRC is not a provocative issue for most Bar members, its significance cannot be overstated. I am in full agreement with our current Bar leadership that the commission should be comprised of 37 “thoughtful, diverse, forward-thinking individuals that have the interests of all Floridians at heart.” Unfortunately, we have seen published reports that litmus tests may be employed for some appointments to the commission in order to eliminate applicants who are not proponents of judicial term limits. I am fully committed to protecting our courts against unwarranted attacks. I will encourage the Bar to devote whatever resources are necessary to educate the public and our members concerning any harmful proposals that may emerge from the CRC.
2. Reciprocity. I am not a proponent of reciprocity in bar admissions. When the Board of Governors considered whether Florida should consider adopting reciprocity in 2015, I and all other members of the Board of Governors voted unanimously against any further consideration of the issue. Although I consider the issue to be “in the rear view mirror,” I take this opportunity to address my role in the board’s study of the issue.
During the time the issue of reciprocity was before the Board of Governors as part of the Vision 2016 Commission study, I was appointed as the chair of one of the four study groups under Vision 2016 known as the Bar Admissions Subgroup. That subgroup was, in turn, divided into several committees, one of which was called the Multijurisdictional Practice — State Focus Committee (“committee”). The committee made a preliminary recommendation that the Florida Board of Bar Examiners (“FBBE”) adopt reciprocity. I was not a member of the committee and did not participate in the committee’s deliberative process. As the liaison between the Board of Governors and the subgroup, I was tasked with presenting the committee’s report to the full Board of Governors, which I did in July 2015. As an aside, any change in Florida’s reciprocity rules would actually have to be proposed by the FBBE and then approved by the Florida Supreme Court. Preceding the Board of Governors’ final vote in October 2015, the FBBE filed a comment stating that it opposed any consideration of reciprocity. Thus, as far as I am concerned, reciprocity is a dead issue and will not be raised by me if elected.
3. Technology Training.Lawyers in all size firms continue to adjust to the disruption occurring in the legal market, principally due to changes fueled by technology. When I began practicing law in 1988, the “competition” lawyers faced was from fellow lawyers in brick-and-mortar practices. We now know that with technology advances, competition also comes in the form of technology-based legal tools marketed directly to consumers. While these applications may provide a useful gateway for consumers to be introduced to the legal process, they cannot completely supplant the role of lawyers. Communicating the value of lawyers is easy to do when we speak of core lawyer functions, such as courtroom advocacy. Communicating that value has become more challenging when we speak of functions for which lawyers no longer enjoy exclusivity [e.g., document management, legal forms, and e-discovery services]. Of course, we know that although online forms such as powers of attorney are now readily available to consumers, in many instances online forms will not suffice to protect consumers’ interests. In that light, the profession’s new mission (and the Bar’s) will be to educate consumers to understand when, and why, retention of lawyers is still important.
4. Board of Legal Specialization and Education. As technology continues to encroach on functions traditionally performed by lawyers, lawyers who have specialized training are likely to fare better. The Bar should consider ways to encourage younger lawyers to differentiate themselves by becoming board certified in specific areas. This could be done, for instance, by identifying lawyers who have been admitted to the Bar for five years who, based on the number of subject-matter CLE hours they have obtained, may be potentially eligible for board certification. A mentor-apprentice program pairing board-certified lawyers with lawyers seeking to become board-certified in a specific area could be another way to encourage more lawyers to seek board certification. However we approach this process, the Bar should be committed to helping its members better communicate the value they provide that cannot be replicated by online technology tools.
5. Diversity. When we speak of diversity in the context of The Florida Bar, the issue is far more complex than we acknowledge. There is the overarching issue of race/ethnicity and gender under-representation in the Bar as a whole. I am completely committed to exploring innovative ways to address these long-standing concerns. It has been a hallmark of my career and will continue to be a center point in my service if elected. Other issues of importance include the fair representation of the Bar’s public sector mentors in the Bar’s committees and sections; diversity of appointments to judicial nominating commissions; diversity among the judiciary; and diversity among the members of the Board of Governors. Although the Bar has made significant strides in recent years, we have also fallen victim to the tendency to study issues extensively; issue voluminous reports; but then fall short in our follow-through. I am committed to improving the Bar’s accountability to ensure that all members, who so choose, have an opportunity to become meaningfully involved in the Bar’s affairs.
