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Remembering 9/11

Share your reflections of 9/11 here.

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President's Reception Remarks, Sept. 8, 2011

In three days, we recognize the 10th anniversary of one of the most horrific days in the history of this nation.

On 9/11, Kirsten Christophe had just returned to her job at AON from her extended maternity leave. She got to work early, was located on the 101st floor of the World Trade Center, and sent e-mail out to her friends about her excitement at getting back to work.


She was a young lawyer whom I was lucky enough to call a friend because we worked together in the Tort Trial and Insurance Practice Section of the American Bar Association. Her dad, Bert Thompson, has been a 30-year member of the section and brought her along to meetings from the time she was a little girl.


Kirsten's daughter turned 1-year-old a couple of days after the terrorist attack. Now 11, she is growing up without ever knowing her mother.


On 9/11, I held the position of chair of the ABA Tort Trial and Insurance Practice Section. My first major meeting as chair was convened here in Boston in the second week of October 2001.


We spend a fair amount of time eulogizing Kirsten at that meeting.


I raise 9/11 with you tonight because I want to bring to your attendion again the huge role that Massachusetts lawyers played in the aftermath of that terrible disaster.


The rule of law, like the World Trade Center Towers, was under attack.


Leo Boyle, our past president, was (in my view) singularly responsible for the creation of the Sept. 11, 2001 Victims Compensation Fund. He led the Association Trial Lawyers of America, The Plaintiffs' Personal Injury Bar, in causing the president and Congress to make funds available to the victims' families without litigation. Leo Boyle secured the commitment of the nation's trial lawyers to represent the victims' families without taking any fees.


Some of us served on the ABA Tips Task Force on the Sept. 11 Victims Compensation Fund, proposing and (perhaps) helping develop (in some small measure) the regulations and protocols that served as the basis for awards to families.


Ken Feinberg, a lawyer from Brockton, and a neighbor to the Mone family, served as the special master of the Victims Compensation Fun. He dedicated his time and energy to listen to 3,000 victims' families, evaluate their claims and make awards to them. He did so without taking any compensation.


Mike Greco, our past president, served on the ABA Presidential Task Force on Terrorism and the Law, led by the renowned Chicago trial lawyer Bob Clifford. Over several months the task force hashed out the lines of protection for the county without destroying the constitutional rights of our citizens. Protecting us from ourselves became part of the job.


The Massachusetts Bar Association, led by past president Kathy O'Donnell, worked tirelessly to assure that new federal laws directed at terrorists did not destroy our citizens' constitutional rights.


Mike Mone Jr., and past president Mike Mone Sr. spent years, and a personal fortune, in advocating for otherwise unrepresented (and innocent) individuals trapped for years at Guantanamo prison after they were captured on war-time battlefields.


And many more Massachusetts lawyers were deeply involved in this important work.


Fast forward to 2011.


Massachusetts lawyers face another important challenge to the rule of law.


It may not be tied as directly to violence and mayhem.


But it is none-the-less under attack.


Courthouses are closing and those that continue to operate have diminished hours of operation. Court staffs are suffering layoffs, furloughs and pay freezes. Judges are leaving the bench at alarming rates.


Our way of life depends on the viability of the rule of law. After we work for two weeks, we expect to be paid by our employers. We pay our rent, we expect our landlords to provide us with operable heat and electricity. When we have prescriptions filled at the pharmacy, we expect the bottles to have pills in them and the pills actually to be medication. When we pump gasoline into our automobile fuel tanks, we expect to pay the posted price and actually to get a gallon of gas -- not seven-tenths of a gallon. When we are stopped by the police for a traffic violation, we do not expect to pay a bribe to be released.


Without properly funded and operating courts, the rule of law will diminish, and with it, so too will the quality of our lives.


This association and its members are committed to doing everything within their power to protect the courts and the rule of law.


10 years from now, hopefully another MBA president will reflect back on 2011 and tell the audience at this reception that the members of the MBA played a pivotal role in keeping our courts open and vibrant.


Thanks again. Let's have a great year together.

Click here to read a Virginia Law Weekly student perspective on "Remembering 9/11."

©2012 Massachusetts Bar Association