ACC's bylaws clearly state that membership is restricted to "Individuals who are engaged in the active practice of law on behalf of organizations in the private sector and do not hold themselves out to the public for the practice of law."
These words were written very carefully by the organization's founders because they sought to create an organization for their peers - members of the in-house bar. We interpret them to mean that membership is extended exclusively to counsel, in the employ of a corporation or other private-sector organization, advising and counseling management on legal issues and matters throughout the organization. An ACC member's practice is not limited to service in the legal department; he or she could also practice in other departments, such as : tax, intellectual property, government relations or environmental compliance.
Routine reviews of our membership database have revealed a number of existing members who, for one reason or another, are no longer, or, in some cases, have never been, in compliance with this requirement. Many of these individuals do not practice law, but rather engage in a marketing role. We loosely refer to these individuals as "vendor members" since their primary job focus appears to be marketing legal products and services to the ACC membership.
We have also noticed an increasing number of applications from individuals who do not meet our requirements and who question ACC's decision to preclude them from membership, pointing to examples of other members with similar responsibilities. These applicants are primarily "vendors" including placement and temporary staffing agencies and other providers of legal services.
We recognize that for some chapters, these individuals contribute significant time and effort to promote chapter activities through membership recruitment and programming. However, we also hear complaints from members who are discouraged by instances of "members" marketing their products to other members. Members recognize the value that vendors can bring in helping them control costs, save time and improve the quality of their work. They believe that vendors should promote their products in an appropriate manner and not under the guise of membership.
The Board of Director's Membership Committee reviewed this issue and directed the staff to use the following interpretation when considering membership applications:
We interpret these bylaws to preclude individuals whose responsibility may include selling or providing services to individuals or organizations who are not their employer. This would include individuals who work for companies that provide legal services such as headhunters, contract attorneys, law firms and temporary agencies. This would include individuals whose responsibilities include sales, marketing and business development in the legal market. This would also include organizations applying for large law membership or the corporate legal resource package that have regulatory oversight.
Staff will contact by mail and phone those we believe not to be in compliance with the Association's membership standards. Staff will also alert the chapter presidents of any individuals that fall in their region.
Should you have any questions, please contact Robin Grossfeld at +1.202.293.4103, ext. 330.
