Message from the Chair: Kelsey Funes (Volume II)

With the end of another year upon us, I am taking stock of 2023 and thinking about how I can make 2024 even better. Like many of you, I had a busy litigation calendar in 2023. In addition to a challenging work schedule, I also had the opportunity to travel to Forum meetings in Puerto Rico, Vancouver and Washington, DC where I attended great substantive programs and participated in fun D1 social events. Taking on the role of D1 chair this year also gave me the opportunity to take a closer look at every aspect of D1’s activities. And D1 accomplished a lot this year—two practicums, three lunch programs, three social events, five Toolbox Talks, and more than 45 blog posts, including features on five neutrals, four consultants and three in-house counsel.

Despite an impressive list of activities this year, D1 still has a lot more to offer in 2024. In Las Vegas, we will have a craps lesson and cocktails at the Venetian and will learn how to resolve the unique disputes that arise in power projects. In New Orleans, we will host an interesting practicum on the art of persuasion and learn what science can teach us about how factfinders make decisions. We will kick off our next three-part practicum series in Pittsburgh. This practicum series will offer hands-on training on best practices in construction discovery including document collection and production, interviews and depositions of fact witnesses and expert witnesses. In addition to these live programs, the Dispute Resolver blog team already has a stellar content line up and planning has begun for additional installments of our Toolbox Talk Series.  

Even though our talented D1ers have created and sustained an impressive level of written product and presentations, the law is always evolving meaning there are always new things for us to learn and share to become the best construction lawyers. Working in the business of resolving complex construction disputes can be hard. So, what else do we need to learn and share with one another to help us improve?

My husband and I are raising teenagers which can also be hard. Recently he shared with me the video of Duke Women’s Basketball Coach Kara Lawson talking with her team about the reality that hard things in life don’t get easier. Instead, we learn how to handle hard better. She is coaching her players to “become someone that handles hard stuff better.” (You can check it out here: https://www.youtube.com/watch?v=oDzfZOfNki4) That is a great lesson for my kids but for me, too. Couldn’t we all use some coaching at times? Some of the best coaching I have gotten as a lawyer has been from the Forum. The Forum, through its programs and the mentors and friends I have made there, have helped me learn how to do hard better.

What can we do in 2024 to learn how to do hard things better? For starters, we can help more people to create connections in Division 1. I have found that the best way for me to get value from my membership and build meaningful relationships was by rolling up my sleeves and helping to do the work of the Forum. There are a ton of opportunities. If you have something to write about, consider the blog. Want to plan a social event, lunch presentation or practicum? Raise your hand at a meeting or email me. Would you like to one day speak at a national or regional meeting of the Forum? Start by volunteering to be a session coordinator in 2023. To do that, you can reach out to Michael Clark (mclark@siegfriedrivera.com), Tom Dunn (rtdunn@PierceAtwood.com), or Keith Bergeron (kbergeron@deutschkerrigan.com).

As we cruise through the end of this year, I wish each of you a peaceful holiday season full of time with family and friends. See you in Las Vegas!