How to Nominate
The Nomination Process: Four Simple StepsStep 1: Does the person qualify?
Article III of our Bylaws requires:
- More than 10 years of practice
- More than 50% of average professional income from controverted causes with emphasis on in court personal conduct by the person
- AV Martindale-Hubbell rating [can be waived by Board] Note; this requirement is currently being reconsidered by the Board.
- Excellent character, integrity of the highest order, and amiability of disposition, conducive to harmony in the personal relationships of the Fellows of the Society.
- By virtue of resourcefulness, courage, and other professional and personal qualities, has distinguished himself or herself as outstanding in the field of advocacy, rather than merely competent or average.
- The Society should continue to be an organization of elite trial organizations . Other organizations recognize and celebrate excellent in many aspects of the practice. Fine people who have outstanding practices and who well regarded as leaders in the organized Bar my be members of those organizations. To be considered for Fellowship in the Barristers, a person must be a trial lawyer - a person "outstanding in the field of advocacy."
- A bright line definition of the attributes of someone "outstanding in the field of advocacy is not possible, each decision will depend on context but the board believes that:
- Many people are trying cases.
- We should select people who are still trying cases but will look at the entire body of work of the nominee with emphasis on the most recent years of practice with a goal of selecting lawyers who regularly advocate for the rights of their clients in a courtroom setting where the skills of advocacy are practiced and demonstrated.
- We need to work harder to identify lawyers in their 40's and 50's.
- Jury trials are the preferred credential; bench trials carry less weight.
- Arbitrations of significant duration involving complex matters are acceptable but only if the nominee has also had experience as a jury trial lawyer.
- Mediations or other results from settlements are irrelevant.
- There is no minimum number of jury trials.
The person being nominated should not know they are being considered for Fellowship in the Barristers to avoid disappointment and hard feelings should their nomination be unsuccessful.
- Complete the online nomination and trial list forms or download a copy of each to be completed off line.
- Any Fellow can do including for nominees not from their state or country. However, before nominating someone not from your area, please check with the State or Country Chair for the place where the nominee practices to determine the nominee's standing. State and Country chairs are found by clicking the tab under nominate or in the most recent issue of the Quarterly towards the front.
- When the online form is complete make sure to send it. Copies go to the Administrative Secretary and the Membership Chair. One of them sends it to the relevant State or Country chair.
- If you complete the nomination form and trial list offline, please scan the final versions and email to the Administrative Secretary at firstname.lastname@example.org and to the relevant State or Country Chair.
Step 3: Vetting the Nomination
One received, the Administrative Secretary reviews the nomination for common errors. These include:
- No statement of reasons for the nomination written by the nominator
- Wrong form used for trial list or insufficient information on correct form
- No proper names and complete addresses for judges
- Nominator has not signed form
- No Martindale-Hubbell rating [see above, the Board is reconsidering this requirement}
When the polls and judge responses are complete, the Membership Chair evaluates the nomination form and trial list, and the poll and judge responses. After that review, he or she prepares and summary form for each nominee.
Step 4: Making the Fellowship Decision
The Board generally meets twice a year to select new Fellows, once at the Annual Meeting and once at a Board of Governors meeting generally held in September or October. In advance of the meeting the Board receives, for each nominee, the Membership Chair's summary, the nomination form and trial list, the poll results and actual copies of all judge responses.
The Board generally does one of three things with each nominee. Below is what results from each:
- Nominee accepted. The nominator and State or Country Chair is notified by the Membership Chair. The person elected receives a letter from the Administrative Secretary. If the person accepts the offer of Fellowship, they must appear for induction at one of the next three Annual meetings.
- Nominee rejected or no motion for acceptance. The nominator and State or Country Chair is notified by the Membership Chair.
- Nomination tabled for later consideration. This usually means that the Board wanted more information or a clarification of existing information. When this happens a Board member or the Membership Chair or Administrative Secretary gathers the information and the nomination is reconsidered at the following meeting.