June 2022

Capital Connection is published monthly for members of the Capital Chapter of the Association of Legal Administrators to provide information for the education and benefit of legal administrators, law office managers, managing partners of law firms, and other law related associations. Capital Connection is not engaged in rendering legal, financial, or tax counseling or advice through this publication. The contents of all articles, letters, and advertisements published in Capital Connection should not be considered endorsements by the Capital Chapter of ALA nor the opinion expressed therein of any products advertised.  Contributing authors are requested and expected to disclose financial and/or professional interests and affiliations that may influence their writing position. Articles and materials accepted for publication are subject to editing by the editorial team and become property of the Capital Chapter of the Association of Legal Administrators. Links to Capital Connection may not be shared without permission from the Chapter. 
Editors: Emmanuel Adedigba, Tabatha Harris
​Contributing Editors: Haley Johnson, MA
Newsletter Published By: Aubrey Silverman, MPA


In this issue:

President's Message

June is a month for celebrating life-changing events, including graduations and weddings. We also celebrate diversity and overcoming adversity during June by observing the Juneteenth holiday and LGBTQ+ Pride Month. LGBTQ+ Pride Month commemorates the 1969 Stonewall Riots and celebrates equal justice and equal opportunities for LGBTQ+ Americans. Juneteenth is the oldest nationally celebrated commemoration of ending slavery in the United States. On June 19, 1865, Union soldiers under Major General Granger landed in Galveston, Texas, with news that the Civil War had ended and announced that enslaved people had been freed under the Emancipation Proclamation of 1863. Both of these observances celebrate the civil rights battles won by the Black and LGBTQ+ communities.

These observances and celebrations were borne from extreme difficulties that significant groups of people endured. It is awe-inspiring to recognize that determination and drive resulted in positive change.  Please join the Chapter leadership team and me in acknowledging these significant events.   Our world is far richer for having representation of these communities and other under-represented groups within our greater community, with their unique experiences, perspectives, visions, and contributions.  It is up to us to celebrate these world-changing events, to continue the conversations and sharing of experiences in order to continue to grow in understanding and appreciation for all.  We are all truly better together.
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​I hope that June provides many opportunities for you to celebrate, and I look forward to hearing about these celebrations at the July Quarterly Networking Luncheon and Mini-Expo, scheduled for Wednesday, July 13, 2022 at the Fairmont (2401 M Street NW, Washington) from 12:00 pm to 2:00 pm.  Please join colleagues and Business Partners for an afternoon of networking and learning more about our select Business Partners and their businesses. Last, but certainly not least, we will be honoring the 2022 Toni K. Allen Scholarship recipient at this event.  
Enjoy your celebrations, stay healthy, and as always, thank you for your continued support. 
 
Warm regards, ​
Janeanne R. Gorman
President, Capital Chapter

Three Things to Know About Law Firm Construction Market Conditions

HITT Contracting Inc.

​For any upcoming law firm construction project, whether moving to a new office or renovating an existing space, it’s important to understand the current market climate with respect to cost impacts, material delays, and supply chain issues with construction materials and impact on a project’s timeline and budget. From COVID-19 shutdowns to the conflict in Ukraine, the market has faced many unforeseen challenges. The construction industry has felt the impact, and industry experts at HITT Contracting, a national general contractor and the number one ranked commercial interiors construction firm in the Washington, D.C. market according to the Washington Business Journal, expect further disruptions in the coming months.
Below are three factors to consider when starting a law firm construction project, from HITT’s Q1 2022 Construction Market Brief:
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1)Some high-end materials, such as tile, are difficult to get right now. Many sought-after, high-end clay tiles used in upgraded law firm construction are produced in Ukraine. Due to the recent Russian conflict, many of these facilities have ceased production. This quickly created a supply shortage, thus increasing prices for Ukrainian clay tiles and similar products produced in other parts of the world.
 
2)Most material prices will continue to increase. As stated in HITT’s Q1 2022 Construction Market Brief, construction input pricing has gone up more than 21% and is continuing to rise due to increased demand, while suppliers are still catching up from the impacts of the pandemic and dealing with recent geopolitical issues, port closures, and COVID-19 shutdowns in China.
 
3)Lead times are long – and are getting longer. Over the last two years, the COVID-19 pandemic has reduced workforce size and productivity, increased demand, and closed ports which has made material transit even more challenging. Supplies and equipment will continue to take longer to make their way to jobsites.
When considering a new law firm office or renovation, it’s important to utilize a knowledgeable commercial construction firm like HITT who can provide the most up-to-date national insights, expertise, and plentiful resources to help mitigate these risks, advise on the best procurement strategy, and create accurate project timelines to successfully complete projects on schedule and on budget.
For additional information about current market conditions, download HITT Contracting’s full Q1 2022 Construction Market Brief at hitt.com. To learn more about HITT’s dedicated law firms construction team, visit hitt.com/lawfirms.

HR Community Spotlight: Thoughts on Mentoring

Liza V. Craig is a partner at Reed Smith in Washington, D.C. She is a member of the firm’s Global Regulatory Enforcement Group, where she focuses on government contracting.  This article previously appeared in Bloomberg Law.
 
I remember many years ago, my father shared with me this quote often attributed to Maya Angelou: “I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.”
For some reason, it resonated deeply with me and really influenced the way that I have viewed my professional interactions with others. As time has progressed, I have come to understand that Angelou’s words were so true.

Those I have connected with have forgotten my wins or what I did on a given day in response to a challenge. But time and time again, my colleagues tell me that they can recall with ease a kind word of encouragement when they needed it most.
An Early StartI began mentoring others relatively early in my career; when I was an undergrad in college, I mentored high school students as they were planning their paths to college.

While I was in law school as a night student, working full-time, I shared my experiences with others who aspired to follow a similar path.
Looking back, I believe that I chose to mentor others and share my experiences because I wanted to give the advice, guidance, and encouragement to others that I always sought from my own mentors and that meant so much to me as I made my way.
I also felt the desire to pass on the knowledge and wisdom that had been shared with me, mainly so others would have an easier time, or perhaps be more intentional about, navigating the path to their own vision of success.

I’ve been practicing law for more than 18 years, and I can say that serving as a mentor to others has taught me things that are worth sharing with anyone who is looking to step into the role of a mentor, or who is already mentoring and is looking to further develop the skills to be a great mentor.

Tips for Helping Mentees:
Here are three key tips that every mentor should consider to ensure that their mentees get the most out of the relationship.

First, when mentoring others, it is critical to have patience and to practice being a good listener. I believe that the most impactful mentors in my life were those who took the time to really listen to me, who were patient in assessing the path I was on or the obstacles I was facing, and then really listened to me as we discussed how I could achieve my goals.
I always approach mentoring others with the goal of being patient with the process and making sure that I am listening to my mentee. Mentoring is as much about listening and understanding as it is about coaching and advising.
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It is important that the mentor focus on making sure that he/she/they understand the concerns and goals of the mentee before providing that advice and counsel. If a mentor is not patient and willing to listen and really hear their mentee, and is focused solely on providing advice, it is likely that the advice may not be as useful.
Second, a mentor must be willing to provide constructive criticism. Constructive criticism is not intended to be offensive, but rather it should encourage introspection and stimulate growth in the mentee. A mentor should not filter or soften feedback out of fear of offending the mentee. Instead, the mentor should focus on ways to provide constructive criticism with empathy.

One way that I have done this is by sharing my own experiences and failures and showing the mentee we are all capable of learning lessons by recognizing and contemplating our mistakes. If a mentor focuses on helping the mentee to grow by overcoming shortcomings or learning from mistakes, rather than simply dwelling on the problems, the mentor will likely help the mentee, rather than simply leaving the mentee feeling criticized and devalued.

Finally, it is so important for the mentor to allow the mentee to make his/her/their own decisions as they navigate their career path. It may be tempting for mentors, because of their experiences and perspectives, to simply tell mentees what to do. This is not ideal, however, and can really hinder the mentee’s ability to get comfortable in making these crucial decisions.

A mentor’s job is to assist the mentee and support the mentee, not to take over and make the decisions. One thing the mentor may be helping the mentee with is problem solving, and the mentor should recognize the long-term value to the mentee in helping to develop this valuable skill.

As a mentor, if your words are forgotten and your actions become less memorable over time, you will have still left an enduring impact if your mentees remember how you empowered them by listening to them, providing them with constructive criticism, and by encouraging them to take control of their careers and make the important decisions with your support and guidance.
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Mentoring others can be a very rewarding part of your professional career. I encourage those of you who are not mentoring to consider sharing your insights and your wisdom with the next generation of leaders. As for the current mentors who have supported me along the way and countless others, thank you!

HR Community Spotlight: EEOC Issues Guidance On Employer Use of AI Under ADA

by James A. Holt and Claire Throckmorton, Reed Smith LLP
 
Not so fast, says the U.S. Equal Employment Opportunity Commission (EEOC), which recently released new guidance addressing the interplay between an employer’s use of Artificial Intelligence (AI) and other algorithmic decision-making tools and the Americans with Disabilities Act (ADA).
 
In particular, the EEOC warns that reliance on AI in making hiring and other personnel decisions, or in monitoring employee activity and performance, could adversely impact and discriminate against qualified individuals with disabilities. According to the EEOC, AI may not take into account one’s disability status or need for job-related accommodation when performing its automated analysis. For example, if an individual with a disability has a gap in their employment history due to being unable to work for a period of time, AI might reject the applicant based on the period of unemployment without any further inquiry. According to the EEOC, that could have a disparate impact on qualified individuals with disabilities.

Employers should also heed the EEOC’s guidance when using AI to monitor current employees’ work performance. AI might be used to measure and analyze employee output or activities, but it might not consider whether an employee’s substandard performance relates to a limiting medical restriction and/or is covered by an approved medical workplace accommodation. Per the EEOC’s guidance, employers relying on that AI analysis might inadvertently discriminate against a qualified individual with a disability who might be able to meet the employer’s expectations with reasonable accommodation.
To avoid these risks, the EEOC encourages employers to, among other things, inform candidates and employees of the evaluation process being employed and explain the factors being taken into account. To that end, employers may consider incorporating into their AI-driven processes appropriate human “checks” for reviewing the AI’s analysis before making final determinations. They also may consider incorporating methods by which employees and candidates with disabilities can request reasonable accommodation and commence an interactive process with the employer over any reported medical restrictions that might be limiting the individual.

The EEOC’s guidance suggests that AI-related reasonable accommodations will be similar to those already provided by employers in a non-AI context. For example, the employer may need to offer the individual more time to complete an AI-driven pre-employment evaluation, or provide an audio option for a visually-impaired candidate, or provide other reasonable accommodation that might be warranted under the circumstances. As in the non-AI context, the EEOC encourages employers to engage in a meaningful interactive dialogue with employees and candidates to determine what, if any, reasonable accommodation might be available.

The EEOC’s guidance also cautions employers against relying on AI data that is not pertinent to whether a candidate can perform the essential job functions with or without reasonable accommodation. For example, AI can make inferences based on analysis of “personality tests” or personal background information. The EEOC questions whether these type of inferences will screen out candidates based on disability-related traits even though, as a practical matter, they have limited or no impact on whether the candidate can actually perform the job.

The EEOC’s guidance also cautions against relying on a vendor’s claim of its AI tool being “bias-free.” The EEOC reports that, although algorithmic decision-making tool developers have taken steps to reduce bias from the variables considered and the data produced by AI tools, such efforts have largely focused on race and gender – not disability status or medical restrictions. Moreover, a vendor’s representation that its tool is “bias-free,” even if largely (but not completely) valid, may not insulate an employer from liability for discrimination that flowed from using the AI tool.
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At bottom, using AI to streamline an employer’s hiring and employee evaluation processes can carry considerable benefits, including improving efficiency, accuracy, and cost savings in the employee hiring and management processes. However, employers should understand and be mindful of the potential pitfalls identified in the EEOC’s guidance when relying on AI analysis and decision-making tools for taking personnel actions. If you have any questions regarding your company’s use of AI tools for personnel purposes, Reed Smith is available to assist.

Change in Management Company Ownership

The Chapter was recently informed that Pam McKenna, President, and owner of McKenna Management, our Chapter’s management company, is retiring.  McKenna Management has been acquired by Barcami Lane, whose leadership team includes Cambria Happ, who had been an Executive Director with McKenna Management for many years.  Ms. Happ is a certified association executive with two decades of experience in the nonprofit sector, including association management, higher education, and museums.    We look forward to collaborating with Ms. Happ and the Barcami Lane leadership, and we wish Pam McKenna much happiness in her next life chapter.  While the name and ownership of the company may have changed, the superior level of service we have come to rely upon and expect remains the same.
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In related news, Aubrey Silverman, MPA, has been promoted to Executive Director of the Chapter, supported by Haley Johnson, MA, serving in the role of Program Coordinator.  We congratulate Aubrey on this new role and look forward to working with her and her team.
If you have any questions or concerns, please feel free to contact Chapter President, Janeanne Gorman or any member of the Chapter’s Board of Directors.

June is LGBTQ+ Pride Month!

Lesbian, Gay, Bisexual, Transgender and Queer Pride Month (LGBTQ+ Pride Month) is celebrated each year during the month of June to honor the 1969 Stonewall riots in New York City. The Stonewall riots were a tipping point for the Gay Liberation Movement in the US and quickly became a symbol of resistance to social and political discrimination. 

Click here to read more about the history of this month's celebrations.

Administrative Committees

Communications and Media Relations
As members of the Newsletter and Media Relations Committee, Chapter members participate in producing the award-winning Capital Connection. Members gather to brainstorm new ideas for editorial themes for upcoming editions. The newsletter reports Chapter business activities such as Community and Committee news and provides information about upcoming educational and other events. It also includes articles of interest to members and other legal management personnel, collected, authored and/or edited by members of the committee. This committee also works with other legal associations and the media to ensure that ALA and the Capital Chapter are represented in the legal industry.

Contact:  Emmanuel Adedigba (Chair), EAdedigba@zuckerman.com; Tabatha Harris (Co-Chair), tsh@dwgp.com
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Diversity, Equity & Inclusion
The mission of the Diversity, Equity & Inclusion Committee is to advance the concepts of inclusiveness and acceptance in every organization by providing all Chapter members with information so that they can merge these concepts with their firm's policies, procedures, culture, and relationships to be more equitable and inclusive.  We not only strive to raise awareness, but also to increase our sensitivity in the areas of diversity, equity and inclusion and more closely reflect the diversity of our community at large. Having a more inclusive and diverse legal community will improve the quality of our organizations’ workforces and respond to our clients’ requirements for diversity. The DEI Committee meets on the first Wednesday of each month and we welcome all members to join us for discussion on how to further our mission in our firms and in our Chapter.  
 
Contact: Tania Jose (Chair), tjose@kleinhornig.com, Angela Tyson (Co-Chair), atyson@axinn.com
Salary Survey
The Salary Survey Committee is responsible for maintaining, updating and running the local survey each year. They review the positions listed, the job descriptions, and the benefits questions to ensure that the survey remains relevant to the end users. The members of the committee also promote the survey within the Chapter to stimulate participation. 

Contact: Shera Berini SBerini@KRAMERLEVIN.com and Melody Watson melody.watson@lathropgpm.com 



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Member Experience
The Member Experience Committee will establish a welcoming environment for new members to be integrated into the Chapter through a formal Ambassador Program. Ambassadors will provide support and guidance to new members through their first 12 months of membership, ensuring new members realize benefits of membership and become ambassadors of the Chapter. If you would like more information and/or are interested in becoming an Ambassador, please contact the Chair or Co-Chair.

Contact: LaVerne Anenia (Chair), LaVerne.Anenia@dbr.com; Kim Santaiti-Potter (Co-Chair), kim.potter@alston.com


Educational Communities

Small Firm and Branch Office Administrators
The Small Firm and Branch Office Administrators Community focuses on a broad range of topics of interest to local administrators who must coordinate with other offices of their firms, as well as to provide administrators of law firms with 35 or fewer attorneys educational opportunities through vendor presentations, idea sharing and open forums specifically designed for those who work in smaller firms.. The Community's monthly luncheon meetings, held on the fourth Tuesday of each month at 12:30 pm, provide a venue for members to discuss issues of common interest, share ideas, and network. Members are encouraged to raise topics and to recommend speakers. 

Contact: Starr Pratt (Chair), spratt@ftlf.com; Lodora Barnes (Chair), lbarnes@sheppardmullin.com
Listserv: branch@lists.alacapchap.org and smallfirm@lists.alacapchap.org
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Legal Operations
The members of the Legal Operations Community represent a cross section of legal expertise from functional administrators to branch office managers. The Community meets on the second Thursday of each month at noon. We welcome all members to join the section, especially if you are an administrator in a small law office and you have to wear multiple hats. We can provide you with many best practices to run your operation smoothly.

Contact:  Janelle E. Rynes (Chair), janelle.rynes@arentfox.com
Listserv: legalops@lists.alacapchap.org
Human Resources
The Human Resources Community operates as a venue for educational information on global human resources issues.  While the Community is mostly comprised of HR professionals, any member is invited to participate in the meetings which typically take place on the second or third Wednesday of each month.  The meetings feature industry speakers or roundtable discussions on topics such as recruiting, benefits, strategic planning, performance management, career pathing, retention and other matters of interest.

Contact: Brenda Simoes (Chair), bsimoes@reedsmith.com;  Julie Hooper (Co-Chair), jhooper@gibsondunn.com
Listserv: hr@lists.alacapchap.org

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Next Generation Leaders
The mission of the Next Generation Leaders Community is to support our next generation of leaders and close the gap faced by our association and the legal industry as a whole by providing a community for Millennial legal managers and new managers in the legal field with a focus on mentoring, education, and networking. To accomplish this goal, the section hosts monthly meetings, pop-up events, and educational sessions, and provides 2-way mentoring opportunities. 
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Contact: Ana Sobalvarro (Chair), asobalvarro@bomcip.com
Listserv: nextgen@lists.alacapchap.org