My Stance as Eighth District Governor

Dear Eighth District Constituent:

I am writing to summarize my general approach to the issues that face our profession and to summarize some of the experiences and background that I hope to bring to bear on your behalf. I have spent half of my life as a lawyer – twenty-five years. To paraphrase Mark Twain regarding his days as a Mississippi riverboat pilot: "I can think of no work I have loved so well." I consider my candidacy for the Eighth District Board of Governors seat a natural outgrowth of my longstanding commitment to our profession. I am eager to be responsive to your concerns and I invite your input.

My philosophy of governance is that I am your representative and accountable to my constituents. I will study the issues diligently and try to act in all matters in a fashion consistent with my conscience and what I perceive to be best for our profession and for us as lawyers. I recognize, however, that no one person, however well-intentioned, can be the repository of all wisdom. I acknowledge that there are many matters within your professional lives and practices respecting which you have great expertise and knowledge that surpasses my own. Would you be kind enough to share your thoughts with me? I will be honored by and appreciative of your thoughts.

I intend to bring to the Board of Governors: (i) a history of representation and service for the constituents of the Eighth District; (ii) the experience to "hit the ground running" in terms of effective work on the Board of Governors; (iii) a passionate commitment and enthusiasm combined with hard work, experience and proven effectiveness regarding a number of issues currently facing the Washington State Bar Association.

1. Representation and Service to the Eighth District. I live and work in the Eighth District and have practiced in the Eighth District since 1983. During that time, I have been privileged on five occasions to be elected to represent Eighth District lawyers: twice as a Trustee of the East King County Bar Association (EKCBA); once as EKCBA's President-elect/President; once as the Eastside Trustee on the King County Bar Association (KCBA) Board of Trustees; once as Eighth District representative to the Washington State Trial Lawyers Association Board. I have been deeply involved in the issues confronting the Eighth District, including having been appointed by Governor Locke to the King County Regional Justice Center Alternate Site Review Committee and helping to establish and maintain the Eastside Satellite office for the King County Superior Court. I served as Editor-in-Chief of the East King County Bar Association Newsletter for four years (1990-1994); as the Eastside [of Lake Washington] columnist for the WSBA Bar News for three years (1989-1992), and as a columnist for the King County Bar Bulletin for two years (1999-2000). I have served as a volunteer at the Eastside Legal Assistance Program (ELAP) since its inception, while serving on the EKCBA Board during the administration of then EKCBA President, and former WSBA Governor, Ken Davidson. As might be expected, having practiced for over twenty years in the District and having served in these various capacities, I have come to understand the issues and concerns of the Eighth District and come to know and like many of my professional colleagues in the area. 
2. Effective Participation During My Term. I have been involved in bar and professional activities, not only locally and through specialty bars, but within the Washington State Bar Association as well. As liaison from the Washington State Trial Lawyers Association to the Washington State Bar Association, I had an opportunity to attend the meetings of the Board of Governors and follow the issues facing the Bar even before assuming the 8th District Seat this past fall. In my activities as a member of the WSBA, I have worked hard to advance many of the issues facing the bar including access to justice, funding of the justice system, mandatory arbitration, improving the public image of lawyers, lawyer discipline, outreach to young lawyers, outreach to youth, outreach to local, specialty, and ethnic bar associations. This consistent and longstanding involvement in bar issues and activities will help reduce somewhat the time it will take for me to get "up to speed" respecting issues facing the Board of Governors. As a consequence, I believe I have been able to be effective from day one.
   
   I have been involved in committee activity and board level service for both the East King County Bar Association and the King County Bar Association, beginning as a young lawyer in 1979. I have also worked within WSBA and my involvement with WSBA and with professional issues has been longstanding. I came before WSBA, as WSTLA's representative, to help jump-start work with KCBA and ultimately the Board of Judicial Administration regarding court funding. I have served on the Rules of Professional Responsibility Committee, four terms as special district counsel for WSBA's Office of Disciplinary Counsel (ODC)(three one-year terms and one three year term for a total of six years) and currently serve as a Hearing Officer for disciplinary matters (2000-2004). I have been a frequent contributor to the Bar News, including a number of writings on professionalism issues: (see, e.g., "The Lawyer as Hero: A Pride of Lions, a Justice of Lawyers," Washington State Bar News, June 2000, (App. B)).
   
   I worked hard on Jan Eric Peterson's President's Initiative Team and was honored for that work with the 2001 President's Award from WSBA. I also worked with now Judge Harry McCarthy on professionalism and outreach to law students through the creation of the "Bar Fair" program for law students; contributed to the "Eight Truths about the Legal Profession" brochure working with Governor Carlson; promoted the creation of mandatory CLEs for new lawyers; worked with former Governor Lindsay Thompson on redrafting the Oath taken by new admittees to the Bar, and worked on the Proud to be a Lawyer Campaign. I served on the Law Week Committee and take pride in having expanded the program into six additional counties. In these activities, I have always given my best effort and hard work as part of a team – but also as a creative proponent.
   
   I have served as adjunct professor of law at Seattle University School of Law since 1999 and have been honored both by the 2003 Outstanding Faculty Award and by being selected three times as the commencement speaker by the graduating students in 2000, 2001, and 2003. In 2002, following an initiative undertaken by the Board of Governors, I was able to work with leaders in the Native American community and the Northwest Indian Bar Association to create the first-ever issue of the Bar News dedicated to Indian Law. As part of that issue, I moderated and had transcribed a discussion between my students in my Remedies class at Seattle University and Tribal Judge Cindy Jordan, which resulted in he first internet-linked Bar News article ever, entitled: "Indian Law: A Classroom Discussion," Washington State Bar News, November 2002. 
3. Commitment and Enthusiasm. I have been working steadily since I was eleven: delivering papers, mowing lawns, busboy at a local restaurant, door-to-door sales, manual labor, waiting tables, working as a night security guard (from midnight to 8 a.m.) during my first year at college, sometimes three jobs at once during breaks from school and down to one job during the school year. I continue to work hard as a lawyer and, if the truth be known, have never understood well the philosophy of saving energy. As I have asked my daughters: "When you're saving your energy, where does it go?" Law is an impossibly hard job – but it is no harder than any job where you try to do your best, and it is generally clean work which keeps you out of the weather. What distinguishes the law and the reason why, over the last twenty-five years, I have come to love my profession is the opportunity it presents to touch people's lives, open doors, change lives for the better, comfort the injured, and enable people to rediscover the important things and start anew. Sometimes the satisfaction comes from simply doing a workmanlike job and a solid days' work. Throughout my career I have tried to leave the world and our profession a little better using the tools of my trade. We have all had those days where we have made a difference – and it transforms lawyers from ordinary to extraordinary.
   
   The challenges which face the law are daunting. Civil justice has, as a practical, financial matter, become out of reach for the average citizen. Entanglement in a law suit is, for most, a financial disaster. Innovative strategies must be devised to make justice affordable. I have written and advocated for mandatory arbitration (See "How Much Justice Can You Afford? The Argument for Mandatory Arbitration," Bar News, October 1996) and served on KCBA's Joint Bench-Bar Task Force on Mandatory Arbitration. I believe that there may be yet realized a vision which defines the district court system as experts in rendering justice in the smaller case which could energize the role of district courts in civil litigation. Those who have reflected upon it have found it anomalous that until recently elected judges had a jurisdictional limit comparable to mandatory arbitrators. Rather than competing with the district court system, mandatory arbitration could be transferred to district court authority as one appropriate means for the orderly disposition of cases, with de novo review in the district court. District judges could help to reduce the costs of mandatory arbitration (eliminating arbitrator salaries in some case) by rotating into the list of prospective arbitrators – depending on district court civil case workload. This approach should be discussed openly as an alternative to proposals for unification of the district and superior courts.
   
   I have also studied challenges facing civil litigants in terms of discovery abuse and proposed a proactive approach of special master sanctions and a clearly articulated principle which may be summarized thus: "discovery is not part of the adversarial system." Although it may be surprising to some, this is, in fact, the state of the law – but not the practice. See "The Riddle of Fisons: When is Discovery not Discovery?" Bar News, August 1996. I have been active as a mediator, arbitrator, special master, and hearing officer, and have instructed at law schools and CLEs regarding mediation as a neutral. These forms of dispute resolution are part of the solution.
   
   I am an optimist, for good or ill, to the core. I have tried to share my enthusiasm with my colleagues and students and to advocate for our profession both in public and in private, by word and by deed, through pro bono work and service to the community, whether as a volunteer tutor at the Harborview Burn Center as a young lawyer or as a leader in the Eastside YMCA Parent-Child Programs. I have fiercely advocated for our profession and for the value of public service, particularly with new lawyers and law students upon whom the future of our profession depends. For some of this work, I was recognized with WSTLA's Professionalism Award in 2001. Some of my feelings on being a lawyer and the responsibilities and joys of the practice of law are captured in some public remarks made when invited to give the Commencement Address to the graduates of Seattle University School of Law. These remark appeared in the Bar News and for your convenience have been attached to this website. See "Commencement Address, December 2001," Washington State Bar News, May 2002; "Proud to be a Lawyer," [Commencement Address, December 2000]; Washington State Bar News, March 2001; on this website, the 2003 Commencement Address. I am eager to work on outreach to young lawyers, thereby renewing the vitality of WSBA through the infusion of new ideas and energetic membership.
   
   It has been my view that the failings of civil justice and the criticisms leveled at the profession have created "drag" on every positive effort we champion. Continuing to directly address the issue of pride in our profession will not only lift the flagging spirits of our constituents, but enable us to be more effective in legislative initiatives.
4. Ideas. There are numerous issues facing the Board of Governors. Many of these present opportunities for innovation and improvement of the legal system and Bar governance. A number of ideas which I would be interested in exploring further:
   •  Revision of Bylaws regarding appointment vs. election of Governors to vacant seats.
   • Revision of Bylaws regarding eligibility for President-Elect balancing experience on the Board with openness to candidates outside of the Board and addressing concern of mid-term vacancies on the Board of Governors.
   • Standardization of features regarding the handling of disciplinary matters including: (i) issuance of a presumptive case schedule upon assignment to the hearing officer; (ii) issuance of an e-newsletter summarizing controlling case authority and case law developments to members of the hearing officer panel; (iii) standardization of administrative forms and forms of findings and conclusions; (iv) standardizing the practice of hearing officer's requesting submission of findings and conclusions by the prevailing party subject to review and comment by the non-prevailing party; (v) guidelines regarding court reporting of evidentiary hearings and oral findings; (vi) deadlines for issuance of findings and conclusions following the taking of substantive evidence; (vii) creation and dissemination of guidelines respecting professional, judicial demeanor; (ix) standard evaluation and assessment questionnaires issued to all counsel and parties following; (x) review and feedback respecting performance post-hearing.
   • Enhanced supervision, training, retention decisions relating to Hearing Officers for the Office of Disciplinary Counsel.
     • Urging approval by MCLE Board of no-cost training CLE for Hearing Officer Panel. (See CLE program proposed as App. H).
   • Supporting adoption of the new proposed Oath on admission.
   • Support for the Washington Supreme Court Task Force on Equal Justice.
   • Authorization for creation of funds to provide hardship assistance to clients to reduce the temptation for attorneys to violate RPC 1.8(e).
   • Implementation of mandatory CLE requirements for the first two years of legal practice emphasizing: ethics and discipline; professionalism; courtroom demeanor; trust account management; solo and small office management; familiarity with courthouse facilities; skills training; Lawyer-to-Lawyer program; Lawyers Assistance Program (LAP); diversity training; availability of local, ethnic, minority and specialty bars.
   • Creation of a model of Bar innovation based upon small task forces and constituent assemblies rather than large, standing committees.
   • State-wide support and implementation of the "Bar Fair" program working with Bar Examiners and local, ethnic, minority, and specialty bar associations.
   • Increased legislative presence regarding access to justice and court funding supported by press "kits" and enhanced WSBA/journalist cooperation.
   • Coordination of Law School curriculum and clinical training with mandatory CLEs to ease the transition between the study and the practice of law.
   • Support for local, ethnic, minority, and specialty bars though voluntary check-off memberships (with possible dues sharing as between the EKCBA and KCBA) on the annual dues statement from WSBA and recruitment drives linked to Bar Fairs at law schools.
   • Marketing of "Myths" brochure at CLEs and clinic distribution.
   • Outreach to various local, ethnic, minority, and specialty bars through innovative use of Bar News using the model of the November 2002 "Indian Law Issue."
   • Increased implementation of the Lawyer-to-Lawyer Program through the three Washington law schools and training program and mandatory CLE.
   • Standing agenda item on Board of Governors meetings exploring outreach to local, ethnic, minority, and specialty bars and diversity training.
   • Examination of relationship between district and superior courts (see above) and mandatory arbitration, including secure funding for the latter.
   • Task force on discovery abuse and a new ethic respecting discovery matters.
   • Preservation of the independence of the judiciary and the independence of the WSBA under the Washington State Supreme Court.
   • Adequate funding for our court system.
   • Protection of legal rights of Washington citizens and access to justice irrespective of financial status.
   • Improving the delivery of legal services.
   • Review and, when appropriate (and only when appropriate), revision of procedural rules, rules of professional conduct, and rules of lawyer discipline.
   • Preservation of historic protections for injured persons.
     
     I would be pleased to amplify upon any of the bullet point ideas above. WSBA confronts many issues – some at a critical stage and some which may be anticipated and articulated over the long-term. 
5. The Types of Issues the Board of Governors Faces; Philosophical Approach. The Board of Governors is involved in the oversight of the Washington State Bar Association which is a creature of the Washington State Supreme Court. Its work consists of both mandatory duties, such as supervision of Continuing Legal Education (CLE) programs and lawyer discipline, and non-mandatory functions such as the Lawyers Assistance Program, Bar News. The Board of Governors is necessarily involved in review and approval (or modification, remand, or rejection) of proposed rule changes; legislative proposals which implicate the adminstration of justice; fiscal management of the organization; committee oversight including, for instance, review of judicial recommendations, lawyer admission, transfers from inactive to active status; review of the work of its executive director, department directors, and staff; and public relations.

I think you will be reassured to know that the Board of Governors consists of working lawyers, such as yourselves, and that it is committed to respecting the work of the many members working in its committees and its constituents. It is responsible to take positions having an impact on the administration of justice pursuant to GR 12; it is not inclined (nor am I) to take frivolous or meddlesome positions outside of its authority.
 
I believe that the WSBA is, first and foremost, an organization by lawyers and for lawyers. It should support our efforts to perform our challenging work with the least interference possible consistent with maintaining appropriate standards of conduct. It should promote understanding of our work so that we are free from both unfair public criticism or uninformed legislative intrusion. Today, we face the additional challenge of helping to assure adequate funding of our judicial institutions. I oppose placing further burdens on our members – for instance, I oppose any form of mandatory pro bono publico work. I favor lawyers receiving recognition for the work they already do.

Within the past few months, I participated in the drafting of a Philosophical Statement which was adopted by the Board of Governors, which reads:

"We take seriously our representational responsibilities and will try to inform ourselves on the subject matter before us by contact with constituents, stakeholders, WSBA staff and committees when possible and appropriate. In all deliberations and actions we will be courageous and keep in mind the need to represent and lead our membership and safeguard the public. In our actions, we will be mindful of both the call to action and the constraints placed upon the WSBA by GR 12 and other standards."

I intend to remain mindful of Pascal's words where he defined "tyranny" as "the exercise of authority beyond competence." I will do my best to seek your advice and guidance so that I may represent you faithfully.
 
Very truly yours,

 
Randolph Ian Gordon