Haines Focuses on Goals, Not Title, as New PBA Head

The Legal Intelligencer
By Leo Strupczewski

June 5, 2009

Preparing to take on a leadership position, said Clifford E. Haines, is a lot like delivering opening arguments.

There's the nerves, the butterflies, the possibility that something might go wrong.
But the more you argue and the more you prepare, Haines said, the less those flutters should affect you.

And therein lies what seems to be part of Haines' motto for his term as president of the Pennsylvania Bar Association: Been there, done that.

A former chancellor of the Philadelphia Bar Association, Haines has "survived it" and has been cured of his "need for what I would characterize as the trappings of office." There are no nerves heading into a year of leading the state's bar association, Haines said, and the title of "president," while an honor, doesn't carry the same allure it previously did.

"It's a fleeting thing," Haines said of the title. "I've been there, I've had that experience. I don't need that gratification this time around."

Instead, he said, he'll be able to concentrate on accomplishing his goals.

And that, it seems, could be an important factor.

The economic crisis has created "immediate concerns" and Haines, who spoke to his fellow attorneys at Thursday's annual Pennsylvania Bar Association meeting in Pittsburgh, has had to readjust some priorities from when he was named president-elect a year ago. Though he will not abandon plans to examine the state constitution and address diversity issues, Haines will begin his term by supporting the court system's budget needs and helping attorneys who are in need.

Fighting Fires

Haines has spoken with — and heard stories of — attorneys throughout the state who are "really, really struggling."

"As a class, lawyers don't like to admit they've got trouble, which is a blessing and curse," he said in an interview before his induction. "But it is my sense there are lawyers who have seen a precipitous drop in business. And that may mean they can't make mortgage payments, that they can't make health insurance payments."

It's the PBA's responsibility, he said, to help those attorneys.

Haines, a 1971 graduate of Ohio State University College of Law and the president of Philadelphia law firm Haines & Associates, has been researching the possibility of providing health insurance at little to no cost for attorneys who need coverage and is working to help displaced attorneys and recent law school graduates who have deferred start dates with law firms, he said.

"We're exploring with both federal and state courts [the possibility of] having those people serve as an unpaid law clerk for judges," Haines said. "It will give them an experience and it will help the courts, we believe. It would be a win-win."

But because most attorneys don't think of the PBA as a place to go for help, the organization will likely need to conduct outreach efforts in order to make those goals successful, Haines said.

"Maybe they don't know [the PBA can be a place to go for help], but I don't think they would do it if they did know that," Haines said. "It's in our best interest to try and reach out."

And as much of an impact the economy has had on attorneys, it is threatening to do the same to the state's court system.

Under Gov. Edward G. Rendell's budget plan, the court is facing a 6 percent cut in funding — a $34 million decrease over the court's 2008-09 fiscal year budget.

State Supreme Court Chief Justice Ronald D. Castille has said he hopes Rendell will fund the court at last year's level of $307.1 million requested, but added that the court needs about $335 million to be adequately funded.

The gap between the court's request and Rendell's proposal, according to Castille, includes insufficient funds to pay for the salaries and benefits of 68 trial judges and 90 magisterial district judges. Among the unfunded positions are 11 newly created trial court judgeships.

If the court does not receive increased funding, the "inability to dispose of cases will be enormous," Haines said.

Haines also added that the courthouse corruption scandal in Luzerne County deserves the bar's attention. There is little to do, however, except support those who are not involved and allow the situation to serve as a reminder to the need for vigilance.

"Those are just the kind of let's put out the immediate fires [issues] that are out there," he said.

No Heckling

In the fall, Haines spoke at the PBA's minority bar committee's diversity summit and told those gathered that he wanted to be heckled if he failed to set forth specific goals on increasing diversity within the organization by the next summit.

Asked about those comments, Haines chuckled. Then he grew serious.

He's hoping to employ a part-time diversity officer to aid in the development of "a consistent [diversity] policy that we follow," Haines said. He's also exploring the possibilities of developing projects with some of the state's minority bars.

Upon Further Review

Haines said he will wait until the fall to ask Rendell and the General Assembly to establish a "constitutional review commission."

The review is the PBA's core priority for the upcoming year, Haines said, and will provide an opportunity to "bring together some of the largest problems, from a legal standpoint, that exist in Pennsylvania." He cited school funding, property taxes and reapportionment issues as areas to which attention needs to be turned.

"It's no secret that we are not known for our progressive government," Haines said. "It's no secret the public is not happy with how its government works. ... It's no secret these problems have been around for a long time and haven't been fixed."

Haines said he would discuss the idea with the organization's House of Delegates during his speech this week and call on them to approve a resolution, which compels the governor and the Legislature to form a review committee, when he introduces it.

"This is, in some respects, a follow up to the 1968 Constitutional Convention," Haines said. "At the time, there was a recommendation that a revision of the constitution be considered every 15 years. In truth, nothing has happened in 40 years. There are just a lot of aspects of government in Pennsylvania that are not consistent with society in the 21st Century."

Haines acknowledged there have been a number of bills introduced by legislatures in the past few years that call for a constitutional convention. He's not ready to ask for that, he said, but does think it's important to examine school funding issues, property tax claims and "how to reapportion Pennsylvania without claims to gerrymandering."

Haines said he'll also press the issue of considering changes to the Legislature.

The state could be well-served by a more efficient body of government, he said, and the current Legislature "hasn't shown sufficient will to get it done."

"It's worth looking at alternatives and making sure we're doing things the right way," Haines said. "Because if we're doing things the right way, why are we having all these problems?"