I am honored that my fellow lawyers in the 4th District have seen fit to elect me to serve on the Board of Governors. Having practiced as a solo practitioner as well as having worked in a fairly large firm, I feel I have a solid understanding of the needs of this district and I will work to make the WSBA a stronger and more relevant part of your practice.
Please bookmark this page as I will post updates as they arise. And, if at any time you have questions or comments, I encourage you to post your thoughts below. Also, don’t hesitate to contact me directly. I look forward to serving all of you.
Updates
December 7, 2012 — My Governor’s Report
I started my service as your Governor in September. I attended the September meeting but did not have a vote. I want to thank Lee Kerr for his service as your Governor these past three years. Lee did an excellent job representing the 4th District. I did attend and vote at the November meeting. I will summarize the key issues that the BOG addressed at both of these meetings. I will also report to you in advance of upcoming meetings so that I can get your input on issues that come before the BOG.
I have been appointed as BOG liaison to the Solo and Small Practice Committee. Most of the lawyers in the 4th District are practicing in Solo or Smaller lawyer firms so the appointment was very appropriate. I am also the liaison to the Counsel on Public Defense, the Law Clerk Board and the WSBA Diversity Committee. I welcome your input in all of these areas.
The Budget
In September the BOG adopted the FY 2013 budget. As you know the Referendum reduced our annual license fees from $450 to $325. The 2013 budget resulted in some cuts and utilization of the reserve fund to meet the budget shortfalls in FY 2013. My guess is that we will have to make deeper cuts in the budget in FY 2014.
The Bar News
The Bar News publication has been modified. The name of the publication is now NWLawyer. It will be published nine times throughout the year in hard copy. It will also be published online. The first issue of NWLawyer will be a combined December/January issue that should arrive in mailboxes by mid-December.
The Young Lawyers
The Young Lawyers Division was transformed into a committee. While I did not have a vote in the matter I opposed this action. The cost savings were minimal and, in my opinion, the voice of the YLD was decreased. The Young Lawyers are the future of this organization and I support any effort to include their voice in all that we do. The YLD has accepted the decision and has done an admirable job in adjusting to their new status.
MCLE
A proposal was discussed to provide more flexibility in MCLE credits. The proposal focused on providing more pro bono credits and “development” credits for non-traditional courses related to stress reduction, career development, leadership training, etc. The matter was tabled at the September meeting. A modified proposal was accepted at the November meeting. The modified proposal provided for an increase in pro bono credits and the allowance of some development credits. There was some discussion about eliminating any restrictions on the type of credits required on the theory that lawyers can decide for themselves what CLE training they need. Your thoughts on this idea are welcome.
The APRs
The BOG approved changes to the Admission to Practice Rules that will allow any lawyer admitted and in good standing in any state or territory of the U.S., and having active practice experience for three of the last five years to apply by motion for admission to the Washington Bar. The rules provide for admission of foreign trained lawyers as well if they have obtained an LL.M. degree from an ABA-approved law school. They will have to take and pass the Bar Exam prior to admission. House counsel from another state will be permitted to practice in Washington on a temporary basis without being licensed. If they have been in active practice for three of the last five years they can also apply by motion for admission to the Bar.
The pro hac vice fee has been raised from $250 to $325.
There were other proposed changes to the APR that can be viewed from the WSBA website.
Mandatory malpractice insurance was discussed but the BOG did not take any action. This issue will come up again and I am interested in your thoughts on mandatory insurance.
Limited License Legal Technician (LLLT)
The Supreme Court by rule created the LLT program. This program would allow non-lawyers with satisfactory training to perform some basic legal work for clients. The Supreme Court tasked the WSBA with developing rules to carry out this program. The BOG appointed the LLLT Board that will now develop the basic rules regarding required education and training of LLLT’s and the scope of the services that they can provide. This is a controversial subject and I welcome your thoughts on how the program should be managed.
Collaborative Law
Collaborative law has been practiced in Washington for many years without statutes or court rules that specifically address and standardize the practice. Collaborative law lawyers attempt to resolve legal disputes in a non-adversarial process. During the 2012 legislative session, a bill was introduced at the request of the Uniform Law Commission to enact a collaborative law statute (HB 2196). Although HB 2196 did not pass last session, the proposal (or a substantially similar bill) has been adopted in other states and I understand that the bill will be introduced again in Washington in 2013. I would like to hear from 4th District lawyers involved in the Collaborative Law practice about this particular area of practice.
Our next BOG meeting is in Olympia in January. We will meet with the Supreme Court to discuss joint issues. If you have any issues or concerns regarding the law practice please leave a comment below or contact me directly at
jmoberg@canfieldsolutions.com
November 1, 2012
The most recent edition of News Flash is now online. It recaps the last Board of Governors’ meeting. News Flash is produced after each meeting and offers a quick overview of the work of the Board and a listing of upcoming events of interest. A few highlights:
- President Steve Crossland said his final farewells as 2011-2012 WSBA President.
- Board approves 2013 Keller Deduction.
- Board passes 2012-2013 budget.
- Admission to Practice Rules revamped.
- Changes proposed to CLE requirements.
- More changes ahead for Bar News.
- Board takes position on R-74.
You can read more here, including past issues of News Flash. If you have questions, comments or concerns, please feel free to contact me or leave a comment.
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