The Voice^TM

I was born in South Carolina, one of the many states where much of the population abhorred Brown and delayed what the Court required while seeking alternative ways to continue to oppress people of color. No less than their white brothers and sisters, Black people from South Carolina were responsible for the success and resilience of this nation. Even though they were dragged here involuntarily, Black people tilled South Carolina’s soil, planted her crops, and, directly or indirectly, helped to build the People’s House for her government, with many later dying in her defense.

I attended a parochial school as a child. Why? Because even by the date of my first year in elementary school, South Carolina provided separate schools for people of my color, schools which were in no way “equal” to the public schools enjoyed by white children. Transferring to public school in junior high school changed all of that. There, my history teacher had the temerity to teach us the civil war was not about Yankee oppression but about the North’s desire to “free the ‘Nigras.’” I never liked the expression, but I still like the thesis.

I did well academically and moved on to high school, where my experiences were mixed. I had several incredible teachers, and I had classmates who became lifelong friends. But on far too many occasions, I was reminded that whatever part of the Supreme Court’s Brown mandates had made their way to the school district, few had trickled down into the social fabric of my hometown. Brown did not get me invited to parties or protect me from the taunts of my classmates. I was a brown-skinned person, and that was what mattered first.

College and law school were better; I was fortunate to attend two of the nation’s best schools. Yet even there I found reminders—more subtle, and more insidious because of their subtlety—that brown-skinned people were not the same. I vividly recall not being invited to the wedding of a friend because Black people were not welcome at the country club where it was taking place. I vividly recall being told in law school that I would pass a class because, lucky for me, I had attended “the right” undergraduate school. My less-fortunate Black classmates would not pass! I do not use the word “vivid” casually. I was not so much surprised by this pervasive racism as I was disgusted that it continued; I still cringe at the thought of it. However, I was  focused. My parents had taught me I could do “anything that I wished to do if I put my mind to it.” I left law school as an optimist.

To a significant degree, becoming a lawyer has validated my optimism. I have enjoyed a wonderful firm, wonderful clients, and wonderful colleagues. I have been fortunate to learn hone the craft of trying cases, and to do so successfully. I was entrusted to lead my firm, and I was entrusted to lead DRI. These were two of the greatest gifts anyone has ever given me. Yet, despite the positive things—and there truly have been many—the racism I first met in South Carolina has been there to greet me throughout the country, both in my daily life and in my career as a lawyer. An office manager reminded me I was expected to pass the bar exam on the first try because other Black lawyers on whom they had “taken a chance” had not. When looking to move from one job to another, I was told I was not a viable candidate by one firm because it had “already hired their Black person for the year.”  I was removed from a team assembled for a new lawsuit because the in-house counsel didn’t believe their clients were ready for a Black person to represent them. On another occasion, a job offer was rescinded because the firm learned I had married a white man. Brown v. Board of Education was decided in l954. If you believe all of these experiences, so personal to me, happened decades ago—you’d be wrong.

I believe my parents had it right when they told me I could do anything I put my mind to. I also believe that if you believe in yourself, you can achieve what is necessary to make this nation a better place. Many nations do not have constitutions that espouse freedom of thought and democracy. In the United States, we do. Racism is the antithesis of freedom, and it is a continuing threat to our democracy. Racism, no matter its form, lends fragility, not strength, to our democracy.

We can do something about racism.

We might start by taking stock of what I will submit is “the obvious:”

• We are better as partners. If we can stop being enemies, life will be so much better.
• Separate is not equal. “Equal” demands someone else; the alternative is being alone. Our nation survived and excelled because people worked together.
• “The truth” is the same; it is a collective thing—nobody owns all of it.
• Everyone has something to contribute.
• Everyone needs a hand up at one time or another. Think about the last time your spouse or your child or your business colleague asked for your help. How did you respond? “Yes, what can I do?” If I’m right about that, then let’s learn to say “Yes!” to the others.

I am proud to have been DRI’s President. I am even more proud the Pioneer in Diversity Award is named after me, and that award is what I want to speak about last.  Anyone can be a “pioneer”—you just must go first. But it’s also important to work hard, be willing to face and work through adversity and not be deterred. When the task at hand is diversity, perseverance is all the more important. Sadly, racism has not gone away. But we can keep fighting against it. And I know that at DRI, we will.

I am thankful to all the members of DRI, past and present, and to all the leaders who came before and after me, for upholding DRI’s core values. DRI has never been about the money. DRI is about providing the finest educational opportunities, creating the most meaningful relationships, and setting the best example for diversity in what will continue to be challenging times. DRI is about excellence. When it comes to diversity, DRI is about doing the right thing.

Sheryl Willert is the former managing director of Williams Kastner, and a member in the firm’s Seattle office. A national speaker and author on such topics as sexual harassment, age discrimination, and race discrimination, Ms. Willert has successfully represented individuals and corporations in such matters. Ms. Willert is a past president of DRI-The Voice of the Defense Bar and was the organization’s first female and first African-American officer.

Today, we often see Black History Month as a time where well-known Black people are identified and celebrated. Individuals from the civil rights movement including Martin Luther King, Jr., Medgar Evers, Malcom X, Rosa Parks, and Harriet Tubman are frequently remembered and celebrated for their life changing contributions to the pursuit of equal rights and justice for all. We cannot ignore the courage and unfettered determination demonstrated when they chose to risk their lives and livelihood solely to pursue what was right and to end a wrong.

We also remember our athlete heroes: Jackie Robinson, Muhammad Ali, and Arthur Ash. We honor them for paving the way for the Colin Kaepernick's of today. We watch in awe while Ruby Dee, Diahann Carroll, Dorothy Dandridge, and Cicely Tyson taught little black girls that they are beautiful and can grace the big screen. Meanwhile, Sidney Poitier, James Earl Jones and Sammy Davis Jr. taught young black men that they were strong both inside and out and had options outside of working the fields.

As lawyers, we speak in high regard of Thurgood Marshall who rose to the United States Supreme Court after a career of fighting for the rights of Black people. We hold him in high regard and respect him with gratitude for his compelling argument before the Supreme Court in the well-known case, Brown v. Board of Education. Today, we celebrate the first Black female Vice President of the United States in Kamala Harris, soon to be followed by the first Black female justice of the United States Supreme Court.

Recognition

The individuals listed above and their contributions, as well as those of other well-known activists, leaders and scholars, are important to remember. Although we honor them and undoubtedly value their sacrifices, we often fail to take the time to pay tribute to the unspoken heroes in Black History that made some of the largest sacrifices while making some of the most significant contributions to our society. This Black History Month, I implore you to remember the ancestors of us all. The brave souls who you do not read about in the newspaper, see on television, or find during an internet search. This month, please take a moment to pause and recognize the heroes nobody speaks of because their fight was a silent one.

In 2022, there admittedly is access to education for the Black person in America that once was not known. We know today that we have rights, whether those rights are honored and respected or not. We have tools our ancestors did not previously have, which allow us to air our grievances in a way they could not. However, we must recognize that it was not that long ago that Black heroes had to use alternate means to express their grievances.

We are all too familiar with 14-year-old Emmett Till, and the gruesome nature of his death: being lynched for "offending" a white woman in a grocery store. It was not that long ago, in September 1955, a mere month after his murder, when an all-white jury of their peers acquitted his killers. We focus on the gruesome nature of the open casket at his funeral, but we pay less attention to the strength and character of his mother, Mamie Till Bradley, who is the one that insisted on an open casket for the purpose of showing the world what had been done to her baby boy. Ms. Bradley could have spared herself the pain and suffering associated from the exposure of her child's mutilated body, but she recognized that this moment in time was bigger than her personal suffering and pain. It was, sadly, larger than her son's death. She knew that history would remember this and force people to see the injustice that plagued our country.

We often forget that there are countless Mamie Till Bradleys in our history. Ms. Bradley powerfully stated, "When people saw what had happened to my son, men stood up who had never stood up before." We owe the deepest amount of gratitude to the Mamie Till Bradley's of past. It is because of the Mamie Till Bradley's that the world was forced to see the reality of injustice that plagued the United States. It is because of the Mamie Till Bradley's that we are one step closer on the long road towards justice.

Responsibility

Whether you are a descendant of African slaves or not, it is undeniable that their contribution has had a positive impact on the United States and our lives in general. As a nation, we have a responsibility to respect, recognize and honor these contributions. From economic growth to soul food all the way down to Motown, the United States is better because of the contributions the forgotten made to our collective human race.

We all know about the atrocities surrounding slavery. Human life being sold at auction, families being torn apart, and unimaginable physical and psychological abuse, often resulting in death. While we never want to celebrate slavery, it would be disingenuous to deny the significant contributions indentured servants made to the foundation of this country. African slaves built the economic backbone of the United States, generating massive amounts of wealth based upon an unpaid labor market. Every industry has benefited from the blood, sweat and tears associated with the work slaves performed as slavery itself is well known as “America's First Big Business.” New research titled, "The Contribution of Enslaved Workers to Output and Growth in the Antebellum United States" provides actual estimates of the economic impact the work of enslaved workers provided to financial growth between 1839-1850. The research, conducted by Mark Stelzner of Connecticut College and Sven Beckert of Harvard University, confirms that "slavery was an important institution for economic development in the United States, and the unrequited labor of enslaved women, men and children helped produce in significant ways the nation's economic expansion in the two decades before the Civil War."

To put this in perspective, I will share a discussion I had with my friend, Ricardo Woods. We were discussing the impact of slavery on the growth of the country when he said, "Stacy, imagine your law firm has a team of lawyers who were required to bill a certain number of hours per month, and if they failed to do so, faced dire consequences. There are no labor laws protecting them from your discrimination, harassment, or hostile work environment. Next imagine that you never had to pay this team of lawyers, while keeping the income generated from their work because there are no wage and hour laws you are required to follow. Think about how profitable your firm would be...." Despite feeling well-versed on slavery and its fiscal benefit to the United States, this example jarred me. It compelled me to see more clearly in connection with my status in a law firm, the fiscal impact unpaid labor had on a multitude of industries and individuals. Therefore, we should recognize and pay tribute this Black History Month to the indentured servants who worked tirelessly under unimaginable conditions. We should all recognize that what we have today is due, in large part, because they gave so much and lost even more.

As a Black girl growing up in the United States, food was a very big deal. My trips to Texas to visit family revolved around the food and comradery cooked up in the kitchen. Recipes handed down for generations, originally created from the leftover foods the slave owners did not want to eat, are some of the tastiest dishes you can find today. Black people learned how to cook with love and flavor, bringing their culture and traditions from Africa. Many people do not realize that some of the most popular dishes today either hailed from Africa or were developed in slave communities. African crops such as okra, rice, kidney beans, lima beans, watermelon, and yams traveled to the Americas with slaves. These crops eventually became the cuisine of not only Africans, but white Americans, and they continue to impact cuisines today. Many DRI members, including myself, enjoy seminars in New Orleans, primarily for the food. It was enslaved Africans who cleared the forests, raised crops and built the New Orleans infrastructure back in 1700's. The food is creole cuisine, originating from good old-fashioned soul food. The beautiful part of New Orleans cuisine is the combination of African cuisine, French cuisines, Spanish cuisine, and Native American cuisine. It represents the melting pot of our pallet. This Black History Month, we should pay tribute to the countless forgotten women and girls of slavery who lovingly created tasty cuisines for their families that continue to feed us today.

Music was also a particularly vital component of slavery. Singing was a form of communication that originated during the voyage from Africa to the United States. Singing was a common way for Africans to express feelings amongst one another in their native language. It is rumored that Harriet Tubman utilized music to warn slaves of their need to hide their scent from dogs on their trail. "Wade in the Water" is a popular song that people believe was used to instruct escaping slaves to hide under water to avoid capture. Drums also became a communication tool for slaves, allowing them to replicate tones of speech that were heard from several miles away. Music served as a way for the slaves to maintain that critical connection to one another. In the fields, the workers would often sing songs that combined African music with Christian music, dancing as they sang. These sounds made their mark on musicians in the United States, providing an important backdrop to the blues, jazz, rock, and pop we listen to today. This Black History Month, we recognize the unknown musicians who created the sound that comforts us, excites us and allows us to continue to express sorrow and joy today.

Conclusion

While Black History Month is a wonderful time to demonstrate respect and compassion for the indentured servants of yesterday, the best gift one can truly give in their memory is the much-needed compassion for their descendants living within our challenging world today. The news and media are regularly displaying the ongoing injustices of our society that continue to plague and often terrorize Black people in America. We honor the past by doing better in the future.

Stacy Douglas is a Partner and Director of Diversity & Inclusion with Everett Dorey LLP. She is a member of the National Bar Association and is an active member of the Defense Research Institute, having served on the Board of its Diversity Committee. Ms. Douglas is currently Vice-Chair of DRI’s Diversity & Inclusion Committee and serves as the Annual Meeting Chair for DRI’s 2021 Annual Meeting.

Regarding design, the Human Factors expert may be asked to explain whether and to what extent the hazard analysis procedure followed by the manufacturer was appropriate. With respect to any hazards identified by the manufacturer, the expert may be asked to explain decisions the manufacturer made regarding designing out, guarding against, and/or warning about hazards. These decisions need to be evaluated by the expert with respect to the applicable standards, available technology, and known safety information at the time of manufacture, as well as scientific data on human performance, to be able to conclude whether the actions of the manufacturer were reasonable.

While manufacturers should strive to produce products that minimize overall risks without altering functionality or creating new hazards and/or failure modes, any product is capable of producing injury under certain conditions.²Preventing all modes of unintentional or intentional misuse of a product is impossible to predict and control³ because a product user’s perceptions, experience, and motivation with regard to interaction with the product or situation have a significant influence on his or her behavior and can contribute to the occurrence of accidents or mishaps.

Product liability litigations often include allegations of defective warnings. The assertions in these cases include but are not limited to the following:

• No warning was provided about a hidden hazard (i.e., one which was not “open and obvious”)
• The provided warnings were inadequate because they did not meet the formatting guidelines of applicable standards
• The provided warnings did not emphasize the hazard
• The provided warnings were ambiguous
• The provided warnings were not placed in an area which would enhance noticeability
• The provided warnings did not provide sufficient information to protect the user from harm

In such cases, a Human Factors expert can be retained to evaluate the adequacy of the supplied safety information and the reasonableness of the use behavior.

In evaluating the product safety literature involved in such litigation, an expert should consider whether the literature provided sufficient information regarding exposure to the specific hazard. The expert may also evaluate whether (a) the language was ambiguous; (b) the product complied with any applicable standards; (c) an alleged lack of adherence to a standard caused the incident; (d) an additional or alternate warning was needed to inform the user of the hazard; (e) the location of a warning affected its noticeability.

In evaluating the conduct of the injured party in such litigation, the expert must evaluate whether the injured party was “sophisticated” (i.e., had superior knowledge about the hazard due to familiarity, experience, or training). The expert may also consider whether (a) the hazard was hidden or apparent and obvious; (b) the injured party was already aware of the hazard and how to avoid it prior to the incident; (c) the injured party was familiar and experienced with using the product; (d) the user read the provided precautionary information; (e) the precautionary information was being complied with at the time of the incident.

Allegations regarding defective warnings must be considered in light of available testimony as well as relevant scientific literature. A warning’s effectiveness depends on whether or not a user will actually notice, read, and comply with it.⁴ Many factors should be considered when evaluating a warning’s effectiveness, including design; language; and user comprehension, familiarity, and behavior.

Gaps in the evaluation of warning adequacy have the potential to adversely affect the outcome of the case. Therefore, when choosing a warnings expert, an educational background in Human Factors or a related field (Industrial Engineering, Psychology, Neuroscience, Ergonomics, etc.) and experience in designing, testing, and testifying about warnings and/or other relevant human factors is important.

This article is adapted from “The Role of the Engineering Expert in Product Liability Litigation.”¹ Applied Safety and Ergonomics, A Rimkus Company, was proud to be a Premier Sponsor of DRI’s 2022 Product Liability Conference which was held February 2—4, 2022 in Las Vegas, NV. Learn more at https://www.dri.org/education-cle/seminars/2022/product-liability

References

¹Khan, F.S. (2021). The Role of the Engineering Expert in Product Liability Litigation, Analysis and Prevention of Component and Equipment Failures. In B.A. Miller, R.J. Shipley, R.J. Parrington, & D. P. Dennies (Eds.), ASM Handbook Vol. 11A: Analysis and Prevention of Component and Equipment Failures (pp. 30-35). ASM International. https://doi.org/10.31399/asm.hb.v11A.a0006832. Excerpts reprinted with permission from ASM International.

²Dorris, A.L. & Purswell, J.L. (1978). Human Factors in the design of effective product warnings. Proceedings of the Human Factors Society’s 22nd Annual Meeting (pp. 343-346).

³Krauss, D.A., Arndt, S.A., Lakhiani, S.L., & Khan, F.S. (2008). Additional Considerations When Applying the “Safety Engineering Hierarchy” in Industrial Work Settings. 13th Annual International Conference on Industrial Engineering: Theory, Applications and Practice. Las Vegas, NV.

⁴Ayres, T.J., Gross, M.M., Wood, C.T., Horst, D.P., Beyer, R.R., & Robinson, J.N. (1989). What Is a Warning and When Will It Work? Proceedings of the Human Factors and Ergonomics Society (pp. 426-430).

After all, Lafayette, Louisiana, is in the South—where confederate monuments are proudly displayed in most courtrooms. Judge Odinet’s racist behavior is obviously the result of a deep-rooted history of racism in this country. Even more specifically, her remarks shed light on systemic racism in the legal profession.

A recent American Bar Association (“ABA”) study reveals that white men and women are still overrepresented in the legal profession, compared with their presence in the overall U.S. population. See Profile in the Legal Profession, American Bar Association, July 2021.  In 2021, 85% of all lawyers were non-Hispanic whites, a decline from 88% a decade ago. Id. By comparison, 60% of all U.S. residents were non-Hispanic whites in 2019. Id. Not surprisingly, the growth of African American attorneys in the legal profession has been slow.  Nearly all people of color are underrepresented in the legal profession, compared with their presence in the U.S. population. Id. 4.7% of all lawyers were African American in 2021 – nearly unchanged from 4.8% in 2011. Id. Each year, the data becomes more and more sobering, and based on the profession’s slow diversity growth, it is not shocking to learn that racism still lingers in the profession.

So, what is the solution to eliminating racism from the legal profession? Unfortunately, there’s no magic answer. But, at the very least, the legal profession must take meaningful and impactful steps toward eliminating racism from the legal profession. First, education is crucial to exposing and eliminating racist practices. Equity requires understanding not only the current experience of oppression but also the comprehensive social structure and how a history of lost opportunities and disenfranchisement have expanded the race gap. A lack of education and understanding contributes to bias, which in turn creates barriers and hinders the retention and advancement of diverse lawyers.

Next, mandating unconscious bias training may also assist in eliminating racism. Unconscious bias training at regular intervals should be provided in the workplace. Unconscious bias training is crucial for those with decision-making roles for promotions and advancement opportunities. Existing processes should be examined to see how bias affects staffing and advancement. For example, determining whether the work allocation system is based on objective merits whereby technical skills, judgment, and work ethic will earn placement on challenging and complex files, or whether the system leaves room for subjective preferences based on soft skills and who “fits” in with the team.

Finally, in-house counsel who are the decision-makers when selecting outside counsel or service providers can also assist with exposing and eliminating racism in the legal profession. In-house counsel can request data related to the demographics of the lawyers at the firm to assess whether the firms are meeting diversity benchmarks and metrics. In-house counsel can also engage in continuous review of existing relationships to determine whether diverse lawyers are billing on the files, whether those attorneys are the lead attorneys on the files, and whether those attorneys are being properly promoted (and fairly compensated) for their work.

As evidenced by Judge Odinet’s remarks, there is much work to be done to eliminate racism in the legal profession. As attorneys, we are at the forefront for change, and we must take steps to eliminate racism in the legal profession and retain diverse attorneys. We cannot and should not tolerate racist behaviors, such as Judge Odinet’s, and we certainly should not allow it to continue.

Ebony S. Morris is an associate attorney based in the New Orleans office of Garrison, Yount, Forte, & Mulcahy, L.L.C. Ms. Morris has extensive experience in defending premise liability, product liability, trucking liability, retail and hospitality liability, and mass tort litigation matters. Recently, she was selected for inclusion in the 2020 and 2021 Louisiana Super Lawyers “Rising Stars” List, The National Black Lawyers “Top 40 Under 40,” the 2020 Lawyers of Color “Hot List,” and the National Association of Women Lawyers 2021 Rising List.

With the advent of social media came a new and highly effective method of articulating and promoting one’s professional abilities and individual value proposition: Thought Leadership.

Positioning oneself as a thought leader involves creating a quantifiable brand centered around one’s knowledge, experience, interests, and values. This requires a consistent focus on providing value. Defining and effectively promoting your personal brand is essential to developing a vital practice, and with a thoughtful approach, it can be the vehicle for perpetual growth.

What is your personal brand?

Simply put, your brand is the mark you leave on others. It’s what compels someone to refer you, hire you, or befriend you. It’s the summation of what you do, why you do it, and how it makes others feel. Your brand is how you are described by others, which is why it is critical to be consistent and thoughtful about conveying your brand through your actions. Defining one’s brand is challenging for many; it’s hard to see ourselves as others see us. To make it a bit easier, here are three steps to help you successfully articulate your brand:

1. Ask those you admire to share how they would describe you in your absence or when introducing you.
2. Think about 2-3 people you admire and jot down their personality characteristics. Why are they appealing to you?
3. Write down a description of yourself, incorporating input from steps 1 and 2, and use this as a guide for every client interaction, phone call, website bio, social media post, and exchange with colleagues.
4. Enlist support from your firm’s marketing professional to promote your brand within and outside of your firm.

Branding Yourself as a Thought Leader

As an attorney, you essentially sell your brain for a living. As such, branding yourself as a thought leader is the lowest hanging marketing fruit – as long as you harvest it. Thought leadership is not just about creating a name for yourself as a great attorney with an expansive understanding of a particular practice area; it also includes helping people see you as someone who is committed to professional development, leadership, wellness, firm management, the future state of the law, and more. When promoting yourself, you want people to identify with your point of view and shared values.

Your DRI membership offers you a robust platform for promoting your thought leadership and personal brand through article publications, speaking engagements at our seminars and on our webinars, sponsorship program participation, and social media engagement.

Social Media

Did you know that by “liking,” “sharing,” or “commenting” on a DRI LinkedIn post about an upcoming program, you demonstrate your thought leadership? Depending on what you write in the body of the post, you can position yourself as knowledgeable in a particular practice area or as a leader in the civil defense space. In promoting DRI, you are promoting yourself.

To get more traction from your posts, be sure to use hashtags such as: #law, #lawyers, #lawfirms, #attorneys, #lawfirm, and of course, #DRICommunity. It is also helpful to “tag” other DRI members, non-member attorneys, clients, and influencers by typing “@” and then their name.

Publications

Writing an article for one of DRI’s publications is an invaluable opportunity to get your name in front of thousands of people. Depending on how you would  like to be seen by your colleagues, you can pen a piece on developments in your practice area, the importance of diversity in law firms, best practices for attorney wellness, or career advice. The DRI Communications staff is here to help you to maximize your thought leadership reach and take the guesswork out of authorship. 

Consider writing about a timely topic in the news and how it is relevant to your practice or your personal brand. Our Communications staff are always looking for content that is not only of interest to our members but to the legal community at large. If you have an idea or are looking for suggestions on compelling topics, please send an email to submissions@dri.org.

Speaking

DRI has a rich history of producing outstanding programs with terrific speakers. If you volunteer to present at one of our seminars or webinars, you not only reach attendees, but your appearance is shared in marketing materials that are promoted in our publications, in emails, and on various social media platforms. In addition, many of our speakers record videos of themselves highlighting their presentation, which DRI then shares on social media. These posts always attract the most engagement, and the speakers enjoy putting themselves out there.

When speaking on behalf of a DRI program, “spice” up your presentation with interesting and even humorous images. Your PowerPoint should complement your presentation, not constitute it. The more engaging a speaker you are, the better advertisement you provide to an audience of potential referral sources and clients.

Sponsorship

DRI’s reimagined sponsorship program provides unique opportunities to promote you and your firm’s brand. Through the careful alignment of advertising, networking, and recognition at events, being a DRI sponsor highlights your commitment to a particular practice area and to the civil defense bar.

When sponsoring a program, be sure to post on social media about your commitment to the program and to DRI. It’s a great opportunity to gain extra visibility for your brand as a complement to the promotional support provided by DRI.

Wendy Merrill is DRI’s Executive VP of Growth Strategy & Branding, where she heads up the organization’s marketing, publications and online strategy.

The ILC is one of DRI’s largest committees, consisting of attorneys who practice in mid and large size law firms throughout North America. And yet two members who contribute their invaluable leadership efforts to the ILC and impact the DRI in such positive ways come from small law firms.

Max J. Cohen is a partner with the law firm of Lowe, Stein, Hoffman, Allweiss & Hauver LLP, a Louisiana law firm of 11 attorneys. Max, who is admitted to practice before the U.S. Supreme Court and a variety of state and federal courts in Louisiana and Texas, represents his insurance company and corporate clients in a variety of coverage, personal injury, premises liability, products liability, and property damage disputes.

Although Max has only been a member of DRI for a little over a decade, in that time, he has garnered several leadership roles. Max has served as the Program Vice-Chair for the 2015 DRI Insurance Coverage and Claims Institute, the Program Chair for the 2016 DRI Insurance Coverage and Claims Institute and has been a featured speaker at several conferences. Most recently, Max served as the Program Chair for the 2021 DRI Complex Coverage Forum, which took place in Columbus, Ohio on November 11.

Before joining Lowe Stein, Max worked with one of New Orleans’s largest law firms. But Max was surprised at how well he connected with Lowe Stein’s intimate size and attorneys and he “never looked back.”

Max relishes practicing law with the attorneys in his office. He acknowledges that a small law firm environment is a challenging one – but it also provides the attorney the opportunity to get actively involved in a file from the start and to take ownership responsibility of the matter. And Max has brought this hands-on approach to his relationship with DRI.

When asked how the DRI first came to his attention, Max answered, “It all started with a conference.” Earlier in his legal career, Max had participated in other legal associations - but Max was impressed with the welcoming atmosphere of his first Insurance Coverage and Claims Institute conference and how specifically the conference’s content addressed his practice interests and needs.

Max believes his involvement in DRI has supplemented his legal career in many positive ways. Fundamentally, he appreciates DRI’s ability to bring together attorneys and claims professionals throughout the U.S. and Canada who share similar interests and practice areas. While he acknowledges that business opportunities have presented themselves through these connections, he considers the friendships and relationships that he has formed with his fellow ILC members to be the “true benefit of my membership in DRI.” According to Max, in DRI’s ILC, he is part of a network in which he and other members can learn from one another and connect as they serve their respective clients and communities near and far.

Like Max, Jeff Van Volkenburg practices law in a small law firm. Jeff is one of the founding partners of Varner & Van Volkenburg, P.L.L.C., a West Virginia law firm consisting of four attorneys.

Jeff embraces the challenges of his legal practice. A former high school social studies teacher, Jeff turned his attention to the law in early 2002. He is admitted to practice in West Virginia state and federal courts, as well as the Third and Fourth Circuit Court of Appeals as well as the U.S. Supreme Court. Jeff focuses his practice on defending corporations and insurance companies in a variety of disputes, including those involving insurance coverage, toxic tort, oil and gas, and construction defects.

Jeff had joined DRI in 2008. After having positive experiences attending DRI’s Annual Meeting in 2010 and the ILC’s Insurance Coverage and Practice Symposium conference in 2012, he decided to invest even more energy into his DRI membership. Jeff became active in DRI’s Young Lawyer Committee where he took on several leadership roles. Jeff has served as the Chair of the ILC’s Young Lawyer Section and served in various roles related to seminar planning, in addition to presenting at the Insurance Coverage and Claims Institute, and coordinated webinar programming. Most recently, Jeff served as Program Vice Chair for the 2021 DRI Insurance Coverage and Claims Institute and is now preparing to serve as Program Chair for the 2022 conference.

Of the many benefits to his small-firm legal practice, Jeff appreciates the opportunity to be fully vested in his cases, from the start of the assignment to its conclusion. And he believes DRI’s educational programming, including its seminars, conferences, and webcasts, has supplemented his resources. Jeff applauds the formal education programming that DRI provides, however, he notes that the camaraderie with the DRI membership also provides valuable educational opportunities of its own. Jeff notes that practicing law in a small law firm in one of the smaller states in the country gives him a unique perspective on legal issues. He believes his ability to exchange insights with other practitioners through his membership in DRI enhances his practice through discussions about trends and issues emerging in other jurisdictions.

When not busy with their leadership responsibilities with DRI, Max and Jeff each enjoy spending time with their respective families. Max and his wife, Ellen, are the parents of an adult son and daughter. Jeff and his wife, Julia, are the parents of two younger children, ages 7 and 2. Jeff admits his leadership responsibilities present a “bit of a balancing act,” but explains that “you just have to budget your time to do everything that needs to be done.”

As busy as each is, Max and Jeff still make time to pursue their separate passions. A photographer since high school, Max enjoys getting up at first daylight to photograph the people and architecture of New Orleans. Max has also served as the official photographer for his local high school’s drama productions. As much as Jeff enjoys running marathons and traveling (pre-pandemic), he embraces his passion for baseball through coaching his son’s little league team.

Just as Max and Jeff share a common small firm background, they share common words of advice for those seeking to get the most out of their DRI membership. “It sounds a bit cliché, but you get out of your membership what you put into,” Jeff opines. It is an assessment with which Max agrees. “The best way to benefit from your membership is to be active. Join a committee. Speak and write. Volunteer. And one thing will lead to another.” Jeff shares a similar view. “There are plenty of opportunities to get involved. Volunteer, do what you say you will do, and the opportunities will present themselves.

Daniel I. Graham, Jr. is a founding partner with Nicolaides, Fink, Thorpe, Michaelides, Sullivan LLP. He assists his insurance company clients in evaluating the coverage issues that intellectual property infringement, privacy, and unfair business practice claims present and represents his clients’ interests in technology-related coverage disputes throughout the country. Dan, who has been recognized by Leading Lawyers Network, Chambers USA, and Super Lawyers, is an active member of DRI’s Insurance Law Committee.

In anticipation of the gathering, here’s what our members are most looking forward to.

DRI’s 45th annual Employment and Labor Law Seminar will bring together leading management-side employment and labor attorneys, in-house counsel, human resources professionals and EPLI representatives from throughout the U.S. and Canada. This seminar is indispensable for experienced practitioners as well as those new to labor and employment law.

In anticipation of the gathering, here’s what our members are most looking forward to.

Quality Content

The continuing legal education is "always helpful," and "there's certain programs I look forward to," said Program Chair Diane Krebs of Jackson Lewis P.C. “I’m a long standing member of the Employment and Labor Law Committee and attending the seminar is my favorite time of the year. The people that attend the seminar are what make it the best."

Jean Back of Schwabe Williamson & Wyatt PC echoed the sentiment and commented on the power of reconnecting with colleagues and friends during the event, as well.

Client Success

Sandy Morris of Valentine Austriaco & Bueschel PC said DRI allows her small Chicago firm to market itself as a “full service firm," expanding its reach and leading to client success.

The DRI Diversity and Inclusion Committee invites you to the 17th annual Diversity for Success Seminar and Corporate Expo, where attendees will have the unique opportunity to hear from and network with in-house counsel and potential referral sources. You can participate in discussions on how law firm leaders and corporate law departments are handling the new, remote environment in the post-pandemic world and how it is affecting the recruitment and retention of diverse talent, and more!

In anticipation of the gathering, here’s what our members are most looking forward to.

Inspiration

Marc Hood of Swift Currie McGhee & Hiers LLP said when he first joined DRI, he was astounded by the diversity and gender identity. "It’s reaffirming to me to see other individuals who are part of that field," he noted. "Really inspiring and helping me focus my career."

"This seminar is my safe place to go see friends, see people who share the same vision, and a place that I can go and get support for day-to-day experiences I have in my career both personally and professionally," said Committee Chair for the Diversity and Inclusion Committee Stacy Douglas of Everett Dorey LLP. 

2022 Life, Health, Disability, and ERISA Seminar
May 18–20 – Nashville, Tennessee

DRI’s Life, Health, Disability, and ERISA Seminar is in person in 2022! Join us at the foremost conference for life, health, and disability practitioners to learn from top-notch faculty and exchange ideas about the latest developments in the law and industry. The 2022 program includes discussions on COVID-19-related disability claims and testing fee disputes, strategies for long-term care litigation and technological innovation effects on the insurance industry, the ever-popular Schmidtke on ERISA, and practical tips for both in-house and outside counsel to avoid litigation and defend claims when they arise. On top of unparalleled education, the seminar offers a wide array of networking opportunities, where you can build your book of business while enjoying Nashville with long-standing friends and new contacts.

In anticipation of the gathering, here’s what our members are most looking forward to.

Friendship

Several committee members commented upon the lasting friendships they've built from attending this seminar, and they are excited to be back in person this year!