[CLC-Discussion] Fwd: CLC -- lobbyist issue

Wed Apr 10 08:35:38 PDT 2019

-----Original Message-----
From: Jeffrey Price <jeff at npw-law.com>
To: Weintraub, Lee <lweintraub at beckerlawyers.com>; Barry Kalmanson <bkpa1 at aol.com>; SPence at cfjblaw.com <SPence at cfjblaw.com>; Reese.Henderson at gray-robinson.com <Reese.Henderson at gray-robinson.com>; rocco.cafaro at hwhlaw.com <rocco.cafaro at hwhlaw.com>; Robert.Doan at cobbcole.com <Robert.Doan at cobbcole.com>; rworman at wormanlaw.com <rworman at wormanlaw.com>; dvega at tevtlaw.com <dvega at tevtlaw.com>; cwright at carltonfields.com <cwright at carltonfields.com>; sam at kirwinnorris.com <sam at kirwinnorris.com>; fred at fcbarneslaw.com <fred at fcbarneslaw.com>; leiby at mkpalaw.com <leiby at mkpalaw.com>
Sent: Wed, Apr 10, 2019 10:55 am
Subject: RE: CLC -- lobbyist issue

 <!-- #yiv9628581396 _filtered #yiv9628581396 {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4;} _filtered #yiv9628581396 {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4;} _filtered #yiv9628581396 {font-family:remialcxesans; panose-1:0 0 0 0 0 0 0 0 0 0;} _filtered #yiv9628581396 {font-family:"New serif"; panose-1:0 0 0 0 0 0 0 0 0 0;} #yiv9628581396 #yiv9628581396 p.yiv9628581396MsoNormal, #yiv9628581396 li.yiv9628581396MsoNormal, #yiv9628581396 div.yiv9628581396MsoNormal {margin:0in; margin-bottom:.0001pt; font-size:12.0pt; font-family:"Times New Roman", serif;} #yiv9628581396 a:link, #yiv9628581396 span.yiv9628581396MsoHyperlink { color:blue; text-decoration:underline;} #yiv9628581396 a:visited, #yiv9628581396 span.yiv9628581396MsoHyperlinkFollowed { color:purple; text-decoration:underline;} #yiv9628581396 p.yiv9628581396msonormal0, #yiv9628581396 li.yiv9628581396msonormal0, #yiv9628581396 div.yiv9628581396msonormal0 { margin-right:0in; margin-left:0in; font-size:11.0pt; font-family:"Calibri", sans-serif;} #yiv9628581396 p.yiv9628581396msonormal, #yiv9628581396 li.yiv9628581396msonormal, #yiv9628581396 div.yiv9628581396msonormal { margin-right:0in; margin-left:0in; font-size:12.0pt; font-family:"Times New Roman", serif;} #yiv9628581396 p.yiv9628581396msochpdefault, #yiv9628581396 li.yiv9628581396msochpdefault, #yiv9628581396 div.yiv9628581396msochpdefault { margin-right:0in; margin-left:0in; font-size:12.0pt; font-family:"Times New Roman", serif;} #yiv9628581396 p.yiv9628581396msonormal1, #yiv9628581396 li.yiv9628581396msonormal1, #yiv9628581396 div.yiv9628581396msonormal1 { margin:0in; margin-bottom:.0001pt; font-size:12.0pt; font-family:"New serif", serif;} #yiv9628581396 p.yiv9628581396msochpdefault1, #yiv9628581396 li.yiv9628581396msochpdefault1, #yiv9628581396 div.yiv9628581396msochpdefault1 { margin-right:0in; margin-left:0in; font-size:12.0pt; font-family:"Arial", sans-serif;} #yiv9628581396 span.yiv9628581396msohyperlink {} #yiv9628581396 span.yiv9628581396msohyperlinkfollowed {} #yiv9628581396 span.yiv9628581396emailstyle17 {} #yiv9628581396 span.yiv9628581396msohyperlink1 { color:blue; text-decoration:underline;} #yiv9628581396 span.yiv9628581396msohyperlinkfollowed1 { color:purple; text-decoration:underline;} #yiv9628581396 span.yiv9628581396emailstyle171 { font-family:"Arial", sans-serif; color:#1F497D;} #yiv9628581396 span.yiv9628581396EmailStyle28 { font-family:"Calibri", sans-serif; color:#1F497D;} #yiv9628581396 span.yiv9628581396EmailStyle31 { font-family:"Calibri", sans-serif; color:#2F5496;} #yiv9628581396 .yiv9628581396MsoChpDefault { font-size:10.0pt;} _filtered #yiv9628581396 { margin:1.0in 1.0in 1.0in 1.0in;} #yiv9628581396 div.yiv9628581396WordSection1 {} -->The Big Idea is out there. Now let’s take a look at just what is involved in creating a new “Section.”    Money – the Bar will require money. I recall when certification started, we had to “guarantee” a minimum dollar income to the Bar which was termed a “nominal” $66,000 the first year if we wanted to go forward and that was when theywanted us to go forward because they were pushing certification. Section operations will require continuing funds well in excess of any nominal amount. How much? The “new Section” will require staff (money). Outside sponsors will be needed (simply look at the current Section web site and understand there are companies that pay money to curry favor. What incentive do they have to split their “contributions”? Finally, Pete Dunbar’s of the world cost money. Paper, computers, costs and more costs. But let’s say money is no object, what next?    Time– The new Section will require significant time input from a core set of members at start-up. You and your staff will spend many hours. Not the occasional phone conference, but hours upon hours setting things up, getting approvals, contacting people and doing the grunt-work. You, Mr. and Ms. Lawyer will do this because only you have the weight and political capital to do many necessary things – and you will be told “no” a lot. Big picture ideas are great, but people with weight need to do the grunt work. I was part of the original class for board certification pre-2005 and even being on the periphery was a time sink. And that was when everyone was on board. I am older now and time is not in abundance, but younger people exist. But let’s assume time is unlimited, what else do our heroes need?  Political Will – The creation of any new thing in any large organization requires overcoming institutional inertia. Change is difficult for people to accept who are simply onlookers or isolated members. It is the people holding power who are reluctant to share or release it and they have innumerable means to stifle change. They may accommodate power-sharing if they believe it is in their best interests, but voluntary relinquishment of power with no benefit is unthinkable. What benefit (or harm) will come their way by “letting my people go”? We can look to all of biblical and political history for examples – Jews? Lutherans? India? Brexit? The nuts and bolts are easy to turn compared to altering an entrenched machine.    Membership – Existing members; Where do they stand? Is a new section in their best interests? How many competing agendas are there? Surety lawyers, contractor lawyers, insurance defense, homeowner lawyers, subcontractor lawyers, developer lawyers, rental equipment lawyers, material and supplier lawyers, and that’s just scratching the surface. Presently all these conflicting interests are diluted and can be “attacked” “blunted” “reasoned with” “amplified” or “ignored” in a large group. In a smaller group, perhaps not so much. By consolidating power you must guard against extremism.    Summary – Can we do better in promoting our concerns? Can we do so internally? Yes. We can. Concerns about our interests can be amplified by our existing leadership and if they are non-responsive, you can vote; either with your feet or your voice. Or, as Lee not so subtly put it, start your own section and leave mine alone. That is not a dig at Lee, it is a reasonable statement read in context with his other missives and it is most apparent that he (and I) see “Time” as more valuable to us and neither of us see the benefit outweighing the cost – yet (I do not speak for Mr. Weintraub, this is my take on his position and he will correct me I am sure).     I too welcome any effort to expand the reach and power of the Construction Law group and will not stand in the way of change/growth. But I have very little inclination or time to invest in something unless I see both a broad advantage and a reasonable plan. The “big ideas” are complete and nobody dissents. Now what’s the plan and who is leading?           
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