The Atlanta Lawyer April 2016 | Page 14

FROM THE BENCH LEADERSHIP: DOING THE RIGHT THING By Mary G. Diehl Judge, United States Bankruptcy Court Northern District of Georgia L David N. Schaeffer, Atlanta Bar Association Past President (2009), Harold E. Franklin Jr., Atlanta Bar Association Current President (2015), and Joan C. Grafstein, JAMS Sally Hogsette, Atlanta Bar Foundation Past Executive Director (2009-14), Diane O’Steen, Atlanta Bar Association Past Executive Director (1965-2013) and William D. deGolian, Atlanta Bar Association Past President (2002) 14 April 2016 awyers frequently ask me whether being a judge is isolating. The idea that accession to the bench means the termination of numerous friendships, social relationships and bar activities is widespread. It can be isolating if the judge lets it be. It is important to remember that judges have unique insights into the justice system and are in a position to further its goals. Indeed, the Committee on the Codes of Conduct for the Federal Judiciary encourages judges to participate in open-member bar associations and other organizations which are dedicated to making improvements in the legal system and in the administration of justice. Quite simply, being a leader in improving the justice system is part of the job description. Ask any bankruptcy judge in Georgia and you will hear that “being a bankruptcy judge is the best job in the world.” Unlike our state court counterparts, we do not have to be re-elected periodically. Unlike our federal district and appellate court colleagues, we have no criminal dockets. And we are blessed to have the bankruptcy bar – both consumer and business bankruptcy lawyers – as the group to assist us in our work both on and off the bench. For me, the bench presented new opportunities for engagement and leadership. Judges are frequently asked to speak to groups of lawyers and other professionals about substantive issues as well as on the subjects of ethics and professionalism. While I participated in a number of CLE’s during my time as a practicing attorney, the speaking requests have markedly increased since I took the bench. It is an activity that I not only enjoy but is one that makes me a better judge. I have to learn the law about which I have been asked to speak and I am always paired with professionals who teach me a great deal. Additionally, my contact with lawyers makes me aware of the business climate in which they now practice – a landscape which has changed markedly in the 12 years I have been on the bench. That can be an important element in understanding the cases presented to me. I currently have the privilege of serving as President of the National Conference of Bankruptcy Judges, the national organization which represents approximately 400 of the 450 active and recalled bankruptcy judges in the country. I did not get elected to that position because I am smarter than my colleagues or because I am a better judge. I was selected because I have always been willing to say “yes” when I am asked to serve on a committee, chair a group, solicit colleagues for participation, advocate for a position or otherwise put myself out front. I have a number of other leadership roles in national organizations in the bankruptcy field: I serve as vice president of the American College of Bankruptcy and as a member of the Board of Directors of the American Bankruptcy Institute and the Board of Trustees of the Turnaround Management Association. Again, the request for me to serve was most likely because there was a need for a judge and they knew I would accept. The best way to become a leader is to express willingness to serve. The Atlanta Bar was the organization in which I first was called to serve as a Leader – as Chair of the Bankruptcy Section from 1991-1992. As an officer of that section, I became friends with numerous bankruptcy lawyers who I would otherwise have known only as adversaries. Perhaps most notably, I was the next in line after David Pollard, the lawyer after whom the Bankruptcy Section’s professionalism award is named. David led by example—a calm, measured approach to everything we had to do. He was universally admired because he treated everyone with empathy and kindness. Those characteristics describe leaders in the Bar and I have aspired to emulate that approach. A management consultant, Peter Druker, famously said that management is doing things right; leadership is doing the right things. I urge my colleagues to engage and to do the right thing. ■ The Official News Publication of the Atlanta Bar Association THE ATLANTA LAWYER 15