Business Plan
Oregon State Bar Business Law Section
May 2003 Draft

MISSION STATEMENT: To provide excellent service and value to the diverse group of business law practitioners throughout the State of Oregon by (i) providing regular, timely and useful information about the practice of business law, (ii) promoting good business lawyering and professionalism, (iii) fostering communication and networking among its members, (iv) advocating improvement of business law, and (v) supporting Oregon's business infrastructure and business community.

HOW DO WE SUCCESSFULLY ACCOMPLISH THE MISSION?

1.   Providing Regular, Timely and Useful Information about the Practice of Business Law

The Business Section is dedicated to providing useful and timely information to its members to allow them to practice business law more efficiently and effectively. The hub of this information will be the Section's Web site. This information will be delivered in the following formats:

A.   Newsletters. The Section will publish two to four newsletters each year with articles on important and current topics of interest for business lawyers.
B.   News Alerts. The news alerts will be used to notify members by email of recent events that are of particular importance to practitioners.
C.   CLEs. The CLEs will be directed toward both current and timeless topics that take into account the diverse business practices of the Section's members.
D.   Electronic Training Folders: The Web site will contain electronic training folders that contain the following useful information on key business topics: sample forms, checklists, links to appropriate websites, bibliography of resources, and topical articles and memoranda.
E.   Checklists. The Web site will contain checklists of legal and business issues that must be considered for certain corporate transactions, including the issuance of stock, grant of options, acquisitions, preparation for annual meetings, etc.
F.   Forms. The Section's Web site will contain form documents that are most useful to business law practitioners. These forms will be kept up to date by volunteer members.
G.   Links to Useful Websites. The Web site will contain links to useful Web sites including information sources, reference sources, etc.

Our website, the Internet and email allow the Section to leverage its membership to tap the collective experience of a very large and strong group of business law practitioners. Through constant communication with its members, the Section can receive input from members on the information the members need or desire to better practice business law.

2.   Promoting Good Business Lawyering and Professionalism

The Section will promote good business lawyering and professionalism in Oregon by:

A.   Monitoring, studying, and communicating through effective use of technology business law developments and trends in the State of Oregon, Silicon Valley, Pacific Northwest region, and at the national level by using such existing resources as the American Bar Association, other state bar organizations, local bar organizations, law school faculty, uniform law commissions, targeted business organizations, and other professional and business publications.
B.   Sponsoring and conducting at least one education program each year, either alone or in conjunction with the OSB Continuing Legal Education Committee, other sections or other business organizations.
C.   Working with the OSB Continuing Legal Education Staff and other sections to monitor other continuing legal education courses being offered in the state by Oregon Law Institutes, national continuing legal education companies and the state's three law schools and encouraging external peer review of such programs.
D.   Posting checklists, other forms of documents and other resource materials on its website for access and use by the Section's members.
E.   Appointing a Task Force on Business Lawyer Leadership and Professionalism composed of the eight past chairs of the section plus the current Chair and Chair-elect and the deans of the state's three law schools to study professionalism and the practice of business law in Oregon. The task force will examine the core attributes of professionalism and quality in business lawyering and review issues of training of less experienced business lawyers, community and business leadership involvement of business lawyers and the need for mentoring and networking activities.
F.   Presenting annually the James B. Castles Leadership Award to a business lawyer in Oregon who has demonstrated both leadership and professionalism in the practice of business law in Oregon at the Section's annual meeting.
G.   Considering and, where appropriate, disseminating to members of the Section, other timely announcements of changes in the Oregon corporate laws and other matters of interest.

3.   Fostering Communication and Networking among its Members

The Section will foster communication and networking among its members by:

A.   Communicating on a regular basis with the Section members, using newsletters and electronic communications, including Web sites, listservs, Web board discussions and email, on current business-related topics, such as proposed legislation, business trends, and professional liability issues.
B.   Distributing - primarily by electronic means - highlights of significant Section activities.
C.   Publishing the Oregon Business Lawyer at least twice a year.
D.   Allowing access and use to the Section's email data base and membership list for the promotion of other business related events and other section's CLEs.
E.   Encouraging and recruiting participation of the Section members in the Section's standing committees (currently: CLE, Corporate Finance, Financial Institutions, Legislative, Oregon Business Lawyer, Regional Outreach, and Web Site) and task forces.
F.   Making CLE events more accessible by using technology, such as telephone broadcasts, videotaping, delayed broadcast, posting materials on the Web site for download or online viewing, making telephone broadcast available on the Web site, using Real Audio and videoconferencing.
G.   Developing, monitoring, focusing and expanding the Regional Outreach program to include social and CLE activities beyond Bend, Pendleton, Medford, Salem, and Eugene.
H.   Scheduling some Executive Committee meetings, as specified in the Section Executive Committee Guidelines, away from the Portland area and coordinating such meetings with local business lawyers either in a social or professional context.
I.   Attempting to get greater participation in the Section's Annual Meeting.

4.   Advocating Improvement of Business Law

The Section will advocate improvement of Business Law by:

A.   Encouraging research and study, and initiating proposals for change and reforms for law improvement in the area of corporation, business, partnership, and banking laws.
B.   Coordinating an annual event/meeting of the Executive Committee and/or the Section with key government leadership including the Governor, Secretary of State, State Treasurer and key legislators to promote efficiency or effectiveness in practice.
C.   Monitoring, through the Section's Legislative Committee, changes to Oregon's business laws proposed by others and changes in regulations.
D.   Aiding and educating the Bar and the public in the area of corporation, business and banking laws.
E.   Working through the Section's Executive Committee, and serving as the primary liaison with the Oregon Secretary of State and Oregon Corporation Division on changes in the corporate law, filing requirements and fees and participating when requested on law improvement projects related to revisions or updates of corporate law.
F.   Working with the OSB Legislative Staff to encourage training of business lawyers to participate in legislative hearings and work groups and disseminating the OSB's Capitol Update to all Section members via e-mail and web-site postings.

5.   Supporting Oregon's Business Infrastructure and Business Community

The Section will support Oregon's business infrastructure and business community by:

A.   Providing active leadership in supporting Oregon's business infrastructure and business community by (1) facilitating statewide discussions on a vision for the State of Oregon's business and entrepreneurial environment; and (2) continuing to support activities related to the Oregon Emerging Business Initiative, Oregon Business Council and the New Economy Coalition in coordination with other business related organizations including but not limited to the Oregon Entrepreneurs Forum, Software Association of Oregon, American Electronics Association-Oregon Council, Oregon Biotechnology Association, Associated Oregon Industries, Oregon Business Association, Oregon Council on Knowledge and Economic Development, the Task Force on the Oregon Biotechnology Industry, various Chamber of Commerce, other public and private economic development agencies and new industry clusters, including areas of biotechnology, bioscience and telecommunications.
B.   Using its committees to support and plan educational forums and discussions on key business issues and to promote active dialogue of these issues using the Section's e-mail listserv.
C.   Participating periodically in statewide and/or regional events to network with key members of the Oregon business community.

6.   Addressing the Diverse Membership Base

The Section will address its diverse membership base by:

A.   Recognizing its diverse membership base consisting of solo and small firm lawyers, medium and large firm lawyers, corporate counsel, young lawyers, law professors, in- house lawyers, law students, law librarians.
B.   Recognizing women and lawyers of color
C.   Providing a variety of products and services geared toward its diverse membership base
D.   Recruiting new members and leaders and diversifying its membership. The Section will explore the use of technology to provide remote participation by members who are unable or unwilling to attend meetings. Teleconferencing appears to be the most economical and feasible approach presently.
E.   Encourage active co-sponsorship among committees. Case by case from a qualitative and quantitative perspective.
F.   Annual meeting. - joint annual meetings - inspiring members to attend meetings. (diversity, fiscally responsible operations and enhanced professional collegiality)
G.   Invigorating committees when necessary. Section officers deal informally with committee chairs that need a "push" in making their committees active and engaging.
H.   Developing outreach to the business laws committees of state and local bar associations.
I.   Developing Washington, Idaho, and Oregon business law outreach.
J.   Developing a relationship with each of the women and minority bar associations - Oregon Women Lawyers, Business Women groups, Minority lawyers, Hispanic bar, Native American bar, Asian, etc.
K.   Continuing Liaisons with the State Government.
L.   Developing relationship with non-lawyer professional organizations - American Institute of Certified Public Accountants. Oregon CPAs.
M.   Developing relationships with Corporate Counsel section.
N.   Providing pro bono business services.
O.   Developing better relationship with or exploring how other state business sections work - (Note: many other states have sections entitled "Business Law" - e.g., Arkansas, Florida, Kentucky, Maryland, Massachusetts, Minnesota, Mississippi, Nebraska, New York, Pennsylvania, New Mexico, Tennessee, Texas, Virginia, Washington and Wisconsin).
P.   Following or developing better relationships with ABA committees -

Ad Hoc Committee on State and Local Bar Involvement
Ad Hoc Committee on Information Technology
Committee on Negotiated Acquisitions
Committee on Dispute Resolution
Standing Committee on the UCC
Committee on Development in Investment Services
Committee on Legislation
Committee on Venture Capital and Private Equity
Committee on Business and Corporate Litigation
Credit Union Committee
Gaming Law Committee
Consumer Financial Services Committee
Law and Accounting Committee
Institutes and Seminars Committee
Partnership Committee
Community Economic Development Committee

Q.   Being sensitive to different types of business lawyers and provide a welcoming environment to all.

MANAGEMENT

The Oregon State Bar Business Law Section will provide relevant volunteer activities and effective use of technology to build the volunteer involvement of its members in Section leadership. Since its inception, the Oregon State Bar Business Law Section has been managed by an Executive Committee with elected members, committee chairs and several ex-officio members including the head of the Oregon Corporation Division, an Oregon State Bar staff liaison and the deans of Oregon three law schools. Limited staff support is provided by the Oregon State Bar.

Beginning this year, the Oregon State Bar Business Law Section has retained an individual to assist with section planning and communications. As part of implementation of this business plan, the Oregon State Bar Business Law Section Executive Committee will examine existing subcommittees of the Section to determined their effectiveness and specific objectives and whether through restructuring there is a better way of meeting overall Section objectives. Additionally, the Section has maintained good informal relationships with other business law related sections such as Tax, Intellectual Property, Computer and Internet, Real Estate Law, Estate Planning, Corporate Counsel, International, Securities, and Dispute Resolution on other business law related issues. The Oregon State Bar Business Law Section will convene a meeting of Chairs and Chairs-elect during 2002-2003 with the Oregon State Bar's assistance to discuss specific organizational goals of each Section and whether there is any need for shared staff.

The Oregon State Bar Business Law Section will undertake an aggressive volunteer recruitment effort to recruit the best business lawyers in the state to participate in Oregon State Bar Business Law Section Executive Committee and committee leadership positions. The strategy will include regional networking gatherings, effective use of e-mail and effective use of internal networking with past and current Section leadership including but not limited to past and current Executive Committee members, subcommittee members, task force members and external participants in Oregon State Bar Business Law Section activities.

The current Chair of the Section will work with the Chair-elect of the Section in development of a comprehensive review of organizational structure including committee organization and leadership development, budget process and communication process and will issue a report no later than the fall annual meeting.

THE BUDGET

The Section's budgeting process should begin in early summer with a Finance Subcommittee consisting of the Chair, Chair-elect, Treasurer, and Treasurer-elect. The Finance Subcommittee will meet to set a timeline and process for developing a budget by the Bar's deadline date of December 1 of each year. In considering the budget, the Finance Subcommittee should review extraordinary expenditures expected in the upcoming year, normal expenditures, normal revenues and extraordinary revenues. The Finance Subcommittee should receive budget input from the other subcommittees that can be incorporated into the Section's budget, subject to approval of the Finance Committee.

THE COMPETITION

Target Membership:

• Business lawyers who are not currently members the Section
• Members of other Sections
• Corporate counsel
• Solo and small firm practitioners
• Young lawyers
• Law Professors
• Law Librarians
• Law Students
• Women and lawyers of color

Products and Services:

• Newsletters
• Electronic communications, including Web sites, listservs, web board discussions and email
• Proposed legislation
• Model Agreements, Checklists, and other Forms
• Committee reports
• Meetings
• CLE: live, video, audio tape, teleconference

Pressures - billable hours, institutional management and pro bono pressures have shifted.

• Distinguishing features: Public service aspects, legislation, government interaction, programming on a variety of substantive and practice-enhancing topics.
• Cost of participation
• The Business Law Section should pursue partnerships with other regional or local organizations and through joint events (e.g., local bar associations and law schools).

SETTING PRIORITIES

Each year the Executive Committee shall decide which areas of the Section's Business Plan are receiving too little or too much attention in human or capital resources. The Executive Committee will do a self-audit of the Section's performance in each of the areas that the Section has targeted as part of its mission. The Executive Committee shall then decide which areas need more attention in the following year to improve the Section's performance in key deficient areas. This information shall be delivered to the Finance Subcommittee at or near the beginning of the budgeting process for consideration in the budget process.

MONITORING SUCCESS

Actively solicit membership opinions.

Review the business plan annually at the Executive Committee retreat. The Business Plan should be formally updated every three to five years.

Monitoring membership data. Annually the Executive Committee should appointment a member to review membership data. For those lawyers that discontinued membership, the Chair should consider calling or email to such lawyer to determine the reason for non-renewal.

Annually, close to the time of renewal, the chair should communicate with the membership as to the benefits of membership.

Periodically, the membership should be surveyed, to determine the following:

• What do they see as the value of being a member of the Section?
• What other value could the Section provide its membership?
• Is another local/specialty bar providing the same services?
• What role should technology play?