AAJ Litigation Groups

Policies and Procedures

Approved by AAJ Board of Governors - October 1998, Washington, D.C.

A litigation group is a voluntary, non-profit group of AAJ members who represent plaintiffs in similar cases or who have an interest in these cases. Litigation groups may be certified as AAJ Litigation Groups (Litigation Group(s)) under the following policies and procedures:

1. PURPOSES AND OBJECTIVES

1.1 Definition

A Litigation Group is a voluntary, nonprofit group of American Association for Justice members who represent plaintiffs in similar cases or who have an interest in these cases. Litigation Groups may be certified as AAJ Litigation Groups (Litigation Group(s)) under the following policies and procedures.

1.2 Purpose

Litigation Groups shall be established for the following purposes:

1.2.a. To enable clients of plaintiffs’ attorneys litigating similar cases to benefit from the
collective experience and sharing of materials and information so as to reduce the high costs of individual litigation;

1.2.b. To provide a structure of networking among members who as colleagues can
exchange information, share experiences, and develop discovery and litigation strategies in the spirit of professional cooperation toward mutual goals; and

1.2.c. To advance the goals embodied in the AAJ Mission.

1.3 Prohibitions

Litigation Groups shall not be established or operated to facilitate solicitation of clients or cases, referrals, advertising, or publicity, or to generate profits or business opportunities for the Litigation Group itself or for any individual members, nor shall Litigation Groups dictate litigation strategy or impose any course of legal action upon its members.

2. FUNCTIONS

Litigation Groups may perform the following or similar functions in connection with the topic of the Litigation Group:

2.1 Litigation Support

Provide members with coordinated litigation support by assisting plaintiffs’ counsel in their efforts to prepare effectively their clients’ cases for trial.

2.2 Resources

2.2.a. Receive, catalog, store, and disseminate documents, depositions, briefs, data on expert witnesses, and such other relevant materials.

2.2.b. Develop packages of materials, memoranda, articles, bibliographies, and other resources. Publish articles, studies, and statements for public dissemination.

2.2.c. Disseminate information regarding new developments and group activities through newsletters and other mailings.

2.3 Education

Conduct educational programs.

2.4 Strategy

Conduct briefings and strategy sessions, and provide avenues to share information on common issues, strategies, and objectives with other Litigation Groups.

2.5 Document Libraries

Cooperate with the AAJ Exchange staff to augment the research file on the Litigation Group topic.

3. MEMBERSHIP REQUIREMENTS AND OBLIGATIONS

Membership in Litigation Groups is neither an obligation nor a right of AAJ membership. Each Litigation Group may establish its own membership requirements provided that the requirements are consistent with AAJ policies, are applied fairly and uniformly, and mandate that all applicants affirm in writing to the Chair(s) that he/she:

A. Is a Regular, Sustaining, President’s Club, Life member or Paralegal Affiliate in
good standing with AAJ;
B. Is not representing, and will not represent a defendant in an action pertaining to
the Litigation Group, and that no member of the applicant’s firm represents or will represent a defendant in an action pertaining to the Litigation Group;
C. Will not use the Litigation Group’s resources, including membership lists, to
assist in the pursuit of any non-AAJ related commercial venture that is not the practice of law;
D. Acknowledges an affirmative obligation as a Litigation Group member to fully
and candidly share relevant information, documents, and other material, and to
report in a timely manner the disposition of any related case, with the
understanding that failure to meet this obligation may result in the loss of
membership privileges associated with the Litigation Group;
E. Will resist any defendant’s requests for confidentiality or secrecy orders which
prohibit sharing of information and/or restrict access to information, but will
abide by such orders where entered;
F. Will make every reasonable effort to oppose any motion or request by a defendant
to produce documents and information received from the Litigation Group or its
members;
G. Will not disclose information of a strategic nature except under court order to
nonmembers if such disclosure would compromise the interests of the Litigation
Group; and
H. Agrees that the information, documents, or materials obtained from the Litigation
Group, its members, or the AAJ Exchange will not be sold or distributed for profit
by the member under any circumstances, provided, however, that this restriction
does not prohibit reimbursement for the costs of copying, mailing, and any other
similar expenses of disseminating information.

4. FORMATION OF LITIGATION GROUPS

4.1 Oversight

4.1.a. The AAJ Board of Governors has established the Section and Litigation Group Coordination Committee (the Committee). The Committee shall have primary responsibility to certify and oversee Litigation Groups and shall implement, enforce and interpret these policies and procedures and any other applicable AAJ policies.

4.1.b. The AAJ Chief Executive Officer has established a department staffed to assist Litigation Groups. The head of such department will act as the Litigation Group Administrator (Administrator).

4.2 Process

In order to form a Litigation Group, any AAJ member may apply in writing to the Administrator for assistance. The Committee will approve the formation based on the following criteria:

A. Recommendation of the Administrator;
B. Sufficiency of interest among the membership to sustain a new Litigation Group;
C. Nature of the litigation underlying the proposed Litigation Group;
D. The presentation of the proposed Litigation Group must be made in person by the proposed acting Chair or Cochairs;
E. Applications to form new Litigation Groups must be submitted to the Committee at least two weeks prior to the start of the scheduled convention or other quarterly meeting of the Committee, except in emergency situations; and
F. Any other relevant factors pertaining to the formation of such a Litigation Group.

5. APPOINTMENT OF ACTING CHAIR

5.1 Criteria

Upon the Committee’s conditional certification of the formation of a new Litigation
Group, the Committee shall then appoint an Acting Chair by considering the following criteria:

A. Recommendation of the Administrator;
B. Background information supplied by those applying for the position;
C. Willingness and ability to carry out the responsibilities of an Acting Chair;
D. Commitment to the objectives of Litigation Groups as stated in these Policies and Procedures;
E. Demonstrated leadership experience, including experience with other Litigation Groups or similar organizations;
F. Expertise in cases involving the topic of the Litigation Group;
G. Reputation within AAJ, the state TLA, and the legal profession generally;
H. Record of service in support of the goals of AAJ and the state TLA; and
I. Number of litigation groups the member presently Chairs. A member is limited to an aggregate maximum of two litigation groups that an attorney may Chair or Cochair.

5.2 Expertise

Where a new Litigation Group involves a subject of rapidly expanding litigation, widespread publicity, unusual interest, controversy, or other special circumstances, the Committee shall appoint an Acting Chair who has extraordinary credibility and reputation within the legal profession and AAJ. No Section and Litigation Group Coordination Committee member should be appointed as Chair of a Litigation Group unless she or he has proposed it or it is his or her expertise.

An approved Acting Chair may not invite another member to be cochair of the Litigation Group unless that person has personally presented at an SLGCC meeting.

5.3 AAJ Support

Upon the appointment of an Acting Chair, the Administrator will:

5.3.a. Assist the Acting Chair to notify prospective Litigation Group members and to
schedule an organizational meeting at the next AAJ Convention or at any other suitable time; and

5.3.b. Supply information describing the policies pertaining to Litigation Groups, administrative procedures, and other pertinent information relating to Litigation Groups.

6. ORGANIZATIONAL MEETING AND GOVERNING RULES

At the organizational meeting, the Litigation Group must adopt its own specific membership requirements, including dues or fees of membership. At this meeting, or any future meeting, the Litigation Group may establish requirements, rules guidelines and operating procedures, including election rules, governing the operation of the Litigation Group. Membership requirements and any other governing rules adopted by the Litigation Group must be furnished to the Administrator and shall be subject to the approval of the Committee.

7. CERTIFICATION AND DECERTIFICATION

7.1 Documentation for Certification

No later than 30 days after the organizational meeting, the Chair of each Litigation Group shall provide the Administrator the following written information: a statement of the purpose of the Litigation Group, membership requirements, any governing rules, an acknowledgment that all members have complied with the affirmation requirement under Article III above, and a list of the names of the members. The Committee may waive the requirement to provide a list of the names of the members of any Litigation Group to the Administrator for good cause.

Following the organizational meeting and compliance with Section 7.1 of this Article, the Litigation Group shall be deemed to be certified by the Committee.

7.2 Compliance

No later than 30 days following each Annual Convention, the Chair of each Litigation Group shall update the information provided under Section 1 above by submitting in writing any changes in the purpose of the Litigation Group, membership requirements, governing rules, and the names of the members, and an acknowledgment that all members of the Litigation Group have complied with the affirmation requirement under Article III above.

7.3 Decertification

In the event that the Committee determines that there is a violation of these Policies and Procedures by any Litigation Group, the Committee shall provide written notice of said violation to all the members of the Litigation Group, giving thirty (30) days in which the Chair and/or Litigation Group will have the opportunity to cure the violation. If the Litigation Group fails to cure the violation, during that 30-day period, the Committee may decertify the Litigation Group.

7.3.a. Third Party Petitions

In the event that any third party petitions the Committee to decertify a Litigation Group based upon alleged violations of these Policies and Procedures and the matter is disputed by the Litigation Group, the following process shall apply:

A. The third party shall submit a written petition to the Committee specifying the
particulars and allegations along with any supporting documentation as to the
grounds for the decertification of the Litigation Group;
B. The Committee shall forward this written petition to the Litigation Group, which
shall have 30 days from receipt to respond in writing to the Committee;
C. Following receipt of the response from the Litigation Group, the Committee shall
set a hearing date at which both sides will be given the opportunity to orally
present their positions to the Committee;
D. Following the hearing, the Committee shall make a written determination as to
decertification, including findings of fact on which the decision was made; and
E. The Committee’s written determination shall be forwarded to the AAJ Executive
Committee for review, and the AAJ Executive Committee, after its review, shall
make a recommendation to the AAJ Board of Governors, who shall be
responsible for final disposition of the dispute.

7.3.b. Reapplication

Any Litigation Group which has been decertified may reapply for certification under the rules herein above at any time in the future.

8. ELECTIONS

8.1 Annual Election with Fifty Plus Members

All Litigation Groups with fifty or more members must have annual elections for Chairs, leaders or other officers at the Annual Convention following the appointment of the Acting Chair and at each subsequent Annual Convention thereafter.

8.2 Elections with Fewer than Fifty Members

In Litigation Groups with fewer than fifty members, following the appointment of an
Acting Chair, the election of Chair(s) of a Litigation Group or any other applicable office shall
occur when:

8.2.a. Notice

The Acting Chair announces that an election will be held prior to the next Annual
Convention, specifying place, date and time, and provides at least 30 days’ written notice to all
members of the Litigation Group and the Administrator; or

8.2.b. Written Petition

The membership requests an election by written petition to the Acting Chair containing
the signatures of either 1/3 of the membership or 25 members, whichever is less, and the Acting
Chair announces an election will be held prior to the next Annual Convention, specifying place,
date and time, and provides at least 30 days’ written notice to all members of the Litigation
Group and the Administrator; or

8.2.c. Meeting

The Litigation Group meets at the next Annual Convention following the Organizational
Meeting.

8.3 Failure to Adopt Written Rules

In the event that a Litigation Group has not adopted written election rules, the following
rules shall apply:

8.3.a. Timing

The election shall take place at the beginning of the Litigation Group’s business meeting at an AAJ Annual Convention or, if necessary, at an earlier date and time at a national AAJ meeting, such as the quarterly Board/Committee meetings.

8.3.b. Notice

The Chair(s) shall provide at least 30 days’ written notice of the place, date and time of the election to all members of the Litigation Group and the Administrator.

8.3.c. Presiding Officer

The Chair(s) or designee shall preside over the election meeting. In all instances in which more than one candidate is nominated for an office, the presiding Litigation Group officer shall cause this fact to be communicated immediately to a member of the Election Committee. Contested elections shall be conducted by a member of the Election Committee whose rulings shall be appealable to the President of AAJ only.

8.3.d. Nominations

The first order of business shall be nominations from the floor and elections of contested offices. Those eligible for nomination need not be present, but must be members in good standing of the Litigation Group. No one is eligible for nomination if he/she is Chair of two other Litigation Groups, except that the Committee may, in its discretion, grant an exception to this limitation for good cause.

8.3.e. Voters Eligibility

Only those members in good standing and present at the time of the election shall be eligible to vote.

8.3.f. Sequence of Voting

Election of officers shall be held in a sequence beginning with Secretary (or the lowest position) and end with Chair (or the highest position up for election).

8.3.g. Vote Count

The election shall be determined by majority vote.

8.3.h. Contested Elections

(1) All contested elections shall be by secret ballot.

(2) In the event of contested elections, the candidates shall determine by lot the order of their nominating and seconding speeches and shall advise the Chair thereof. There shall be one nominating speech, limited to three minutes; there shall be one seconding speech limited to two minutes; and each nominee’s speech shall be limited to five minutes.

(3) Each nominee shall select one teller and one counter whose duties shall be to tabulate the ballots under the supervision of a member of the Election Committee or designee(s).

8.4 Notice

Notice of elections and the results must be provided in writing to the Administrator.

9. RESPONSIBILITIES OF CHAIRS, LEADERS, AND MEMBERS

9.1 Chairs/Leaders

Chairs and leaders are responsible for coordinating and overseeing the activities of their Litigation Group. Chairs and leaders are not spokespeople for the group unless this role has been expressly approved both by the membership of the Litigation Group and by the Committee. In the event of any question of overlapping authority, jurisdiction or subject matter between Litigation Group Chair(s) and/or Litigation Groups, the Committee will resolve the conflict.

9.2 Subcommittees

A Litigation Group has the discretion to form subcommittees, such as Executive Committees. Members of such subcommittees are considered leaders of Litigation Groups. However, the Chair(s) of each Litigation Group shall be responsible for the acts of all leaders within the Litigation Group, including any violation or failure to comply with the policies and procedures herein.

9.3 Ex Officio Members

All Chairs and Cochairs of Litigation Groups are ex officio members of the Litigation Group Leaders Council.

9.4 Funds and Fiscal Responsibility

Chairs shall be responsible for the funds of the Litigation Group. The Chair shall provide an annual accounting of the funds to the membership and to the Administrator. The accounting shall detail both income and expenses of the Litigation Group for administrative years beginning August 1. The Committee may waive the accounting requirement based upon good cause.

9.5 Membership Roster

Each Litigation Group is required to keep an updated membership application on file at AAJ.

9.6 Use of Position/Title

Chairs, leaders, and members may not use their positions or membership for the purposes of self-promotion, generation of business opportunities, or client, or case solicitation.

9.7 No Payment for Services

Chairs, leaders, and members may not demand, claim, or charge a percentage of client fees from members of the Litigation Group in return for any work performed on behalf of the Litigation Group.

9.8 Advertising and the Media

Chairs, leaders, and members may not refer to their position or membership within the Litigation Group in any public statement, advertisement, or media pronouncement without prior approval of the Committee.

9.8.a. AAJ Lawyer Advertising Policy

Chairs, leaders, and members must comply with the Board of Governors Resolution dated May, 1990, regarding attorney advertising and the provisions are as follows.

(1) AAJ condemns false, deceptive, or misleading advertising by lawyers and recommends to and urges state supreme courts and/or state bar associations to adopt stringent rules to prohibit and monitor advertising by lawyers to assure truthfulness and minimize harm to the public, to the civil justice system, and to the legal profession.

(2) AAJ shall not refuse membership or otherwise discipline any member for advertising the member’s services so long as the advertisement complies with the rules and regulations of the member’s state supreme court and/or state bar association.

(3) AAJ urges state supreme courts and/or state bar associations and the United States Supreme Court to prohibit as false, deceptive, or misleading the use in advertising by lawyers of unprofessional advertising appeals which may reasonably be expected to cause false client expectations, or harm or disrepute to the civil justice system or to the legal profession.

(4) Where it is in the best interest of the client to do so, AAJ encourages lawyers to make referrals, provided such case has not been retained in a false or misleading manner. But AAJ urges state supreme courts and/or state bar associations and the United States Supreme Court to prohibit as false and misleading the practice by which some lawyers advertise for cases for which they do not possess the necessary legal skills.

(5) AAJ condemns as deceptive and misleading uninvited, direct solicitation of clients who, because of their particular circumstances, are vulnerable to undue influence.

(6) AAJ encourages programs of certifying specialization of lawyers at both the state and national level.

(7) AAJ encourages state supreme courts and/or state bar associations and the United States Supreme Court to prohibit as false and misleading the use of trade or fictitious names designed to gain a high alphabetical listing in any directory or listing of lawyers.

(8) AAJ shall not accept in its publications or in connection with any of its other activities commercial advertising which promotes or encourages advertising by lawyers that in any manner is false, deceptive, or misleading.

9.9 Network

Chairs, leaders, and members shall not utilize the Litigation Group or its membership to function as a referral network or, similarly, to favor one member over other members in the Litigation Group either through case participation or exclusion.

9.10 AAJ Branding

Chairs, leaders, and members shall not use the AAJ logo or official AAJ stationery for any purpose whatsoever without prior approval by the Committee. However, Litigation Groups may represent themselves as AAJ Litigation Groups in newsletters, announcements, materials, and wherever else appropriate.

9.11 Participation in Court Proceedings

Chairs, leaders, and members of Litigation Groups are prohibited from filing pleadings or any other documents in court relating to any case on behalf of the Litigation Group without prior approval of the Committee and the AAJ Executive Committee.

9.12 Regulatory and Legislative Activity

Chairs, leaders, and members of Litigation Groups may not act on behalf of a Litigation Group in any legislative or regulatory activity without prior approval by the AAJ Executive Committee. Upon approval, the Litigation Group and its leaders must coordinate any public relations campaign activity through the Administrator and the appropriate AAJ staff. Chairs may not use their status to solicit on behalf of another group.

9.13 Public Relations—Campaigns

Chairs, leaders, and members of Litigation Groups may not initiate or participate in any public relations campaigns involving the Litigation Group without the prior approval of the AAJ Executive Committee. Upon approval, the Litigation Group and its leaders must coordinate any public relations campaign activity through the Administrator and the appropriate AAJ staff.

9.14 Section Membership

Incoming Litigation Group Chairs and Vice-chairs are required to join the AAJ practice Section that covers the same or similar topics as their Litigation Group.

9.15 Training

All new Litigation Group Leaders shall attend compulsory training for Litigation Group Leaders.

9.16 Section and Litigation Group Leaders Speaking for For-Profit Organizations

It is the strong desire of the SLGCC and of the National College of Advocacy that Section Leaders and Litigation Group hairs and the members of their firms should not lecture at competing, for-profit educational programs on the subject matter of their Section or Litigation Group, when AAJ provides AAJ Education programs on the subject or is ready, willing, and able to put on a special program on the subject. This guideline does not apply to state TLA and ABA programs.

10. REMOVAL OR RESIGNATION OF CHAIR(S)

10.1 Removal Process and Criteria

The AAJ Executive Committee is authorized to remove any Chair of a Litigation Group, and except in an emergency, shall initially request a recommendation from the Committee. A determination to remove a Chair may be based on the following criteria:

A. The Chair ceases to be a member in good standing of AAJ;
B. Failure to fulfill the responsibilities of a Chair;
C. Violation of these policies and procedures, including but not limited to: using the
Litigation Group as a referral network; assigning particular geographic areas to
member attorneys in return for fees; refusing to share information or material;
issuing press releases or other public statements without authorization under these
policies; misappropriation of funds; testifying before legislative or regulatory
bodies on behalf of the Litigation Group without authorization under these
policies; and filing court documents on behalf of the Litigation Group or AAJ
without authorization under these policies;
D. Failure to cooperate with AAJ, the Committee, the Administrator, or the AAJ
Exchange; or
E. Any act(s) or omissions damaging to the reputation or effectiveness of the
Litigation Group, the members of the Litigation Group, AAJ or AAJ members, or
the legal profession generally. Such acts include, but are not limited to: violation
of the AAJ Code of Conduct, creating such controversy as to damage the
effectiveness of the Litigation Group, or creating conflict among the Litigation
Group members as to whether or not the Chair(s) has acted improperly.

10.2 Acting Chair upon Removal of Chair

In the event of removal of any Chair, the Committee shall appoint an Acting Chair based upon the criteria set forth hereinabove under Article 5, Section 1. The Acting Chair shall serve in office until an election is held at the next AAJ Annual Convention. Chairs who wish to resign from leadership of a Litigation Group may suggest a replacement to serve as Acting Chair by notifying the Administrator. The Committee reserves the right to approve or reject any suggestion made by the Chair for his/her replacement based on the criteria set forth in Article 5, Section 1 above. In the event that no successor is suggested, the Committee shall appoint an Acting Chair who shall serve until an election is held at the next AAJ Annual Convention.

10.3 Acting Chair upon Resignation

In the event of resignation of any Chair, the Committee shall appoint an acting Chair based upon the recommendation, if any, of the resigning Chair and the criteria set forth herein above under Article V, Section 1. The acting Chair shall serve in office until an election is held at the next AAJ Annual Convention.

11. BENEFITS AND SERVICES

11.1 Staff Support

AAJ shall provide staff support to all Litigation Groups to the extent practicable. The Administrator shall coordinate staff support within the AAJ departments, including scheduling and assigning staff to facilitate meetings as well as to provide other relevant assistance as noted below.

11.2 Meetings and Educational Programs

11.2.a. Convention Meetings

AAJ will provide free space for meetings at all AAJ conventions upon request. It is expected that in the event of cancellation of any meeting, the Litigation Group will provide a timely notice of cancellation. The Litigation Group shall be responsible for payment of any direct costs of meetings, such as audio visual equipment.

11.2.b. Non-Convention Meetings

AAJ, through its Meetings Department staff, will assist any Litigation Groups requesting support in the arrangements to meet at non-convention sites. Such arrangements may include hotel accommodations, travel, and other related logistics.

11.2.c. Education Programs

Litigation Groups may hold nonbusiness programs, such as education programs and seminars, at either AAJ convention sites or non-convention sites. Litigation Groups may charge a separate registration fee for these types of programs at non-convention sites, but may not charge a separate registration fee at convention sites. Litigation Groups may limit attendance to Litigation Group members at these types of programs at non-convention sites, but must make these programs available to all AAJ members registered at the convention. Litigation Groups may hold a general education program or seminar at non-convention sites, subject to AAJ Education approval and AAJ Education Policies and Procedures, provided, however, that the program shall be submitted in writing to AAJ Education at least 30 days prior to the date of the program.

AAJ Education recognizes that Litigation Groups have unique concerns relating to educational programming, and in light of the facts and circumstances of a particular Litigation Group’s intended general educational program, AAJ Education may grant exceptions to such a Litigation Group from the applicable policies and procedures as deemed necessary.

Litigation Group convention education programs at Convention sites shall be subject to AAJ Education approval and AAJ Education Policies and Procedures, and shall be limited to one-half day, except for good cause. Any Litigation Group that is delinquent in the payment of the Litigation Group administrative fee is barred from holding an AAJ Education program.

11.2.d. Sanctions for Noncompliance

Compliance and Sanctions—In the event that a Litigation Group fails to comply with the requirements specified above, the matter shall be referred to the Committee. The Committee shall determine the appropriate sanctions, which may include, but not be limited to, the following:

A. Decertification of the Litigation Group;
B. Removal of the Litigation Group Chair(s) pursuant to Article 10 of Litigation
Group policies;
C. Cancellation of space allocated to the Litigation Group; or
D. Remittance to AAJ of all revenues derived from the program.

11.3 Legislative, Public Relations and Judicial Activities

AAJ, through its appropriate staff, shall provide assistance in these areas subject to Article 9, Sections 11, 12, and 13 herein above upon the approval of the AAJ Executive Committee, and subject to the requirement that these activities are coordinated through the Administrator.

11.4 Documentation

AAJ will provide guidance, advice, and sample forms and procedures for Litigation Groups concerning group operation and administration, document protection, document access, and information and document gathering.

11.5 Management of Litigation Groups

AAJ may manage and operate for a fee a Litigation Group, including acting as a clearinghouse and custodian of the Litigation Group’s funds, subject to the approval of the Committee. Because of limited resources, AAJ may provide this service for only a few Litigation Groups and for a limited period of time. In determining whether to provide this service, the Committee should take into account the needs of the Litigation Group, the insufficiency of its financial support, and the inexperience of its leadership. Upon one year of operation, the Committee shall redetermine whether to continue AAJ’s management of the Litigation Group.

11.6 Printing Projects

To the extent practicable, AAJ will provide coordination and assistance for Litigation Group mailings and printing projects.

11.7 Storage

Upon dissolution of any Litigation Group, AAJ may elect to serve as a repository for records, providing maintenance and storage of critical documents and materials; or AAJ may designate a successor unit to perform those purposes.

11.8 AAJ List Servers

AAJ provides Litigation Groups the opportunity to establish private list servers for the exclusive use of the group’s members.

11.8.a. List Server Policies in General

Litigation Group Members shall comply fully with AAJ list server policies.

11.8.b. List Server Paralegal Policy

For those groups that allow paralegal membership:

Paralegal affiliates shall comply with the following to ensure that each paralegal participates on the List Servers under the general direction of an AAJ attorney: When posting a message on any List Server, the paralegal’s List Server communication shall include language that the paralegal affiliate’s communication is under the general direction of the attorney, and include the paralegal’s name, address, e-mail address, and telephone number. All additional identifying information is prohibited.

Each paralegal affiliate is sponsored by an AAJ voting member and the sponsoring information is verified annually by AAJ. For a paralegal affiliate to participate on a Litigation Group List Server, the sponsoring attorney AND the paralegal affiliate shall be a member of that particular Litigation Group.

11.9 Other Functions

AAJ may provide such other functions as are practicable, including but not limited to electronic bulletin boards, clipping services, or newsletters.

12. ADMINISTRATIVE FEES

The Committee shall establish an annual operating administrative fee in consultation with the Litigation Group Leaders Council to be effective August 1 of each year. The fees shall be calculated at a flat rate per member, with a minimum Litigation Group fee. The fees shall be assessed on all Litigation Groups which have been in existence for one year or more from the date of their organizational meeting. The Administrator will collect the fees on behalf of AAJ on or about September 1 of each year, and the fees shall be used by AAJ to defray its administrative and overhead costs of providing assistance and support to Litigation Groups.

Litigation Groups which fail to pay the fee within 60 days of invoice shall be subject to decertification upon notice as set forth above in Article 7, Section 3. Failure to pay may also bar the Litigation Group from holding an AAJ Education program. Waivers of the administrative fee may be granted by the Committee on an annual basis only upon showing that the Litigation Group does not collect dues from its members or has expended all of its funds in providing services to its members or for good cause shown.