August 2003
FYI: For Your Information
Important Resources Directory Update
Please clip or photocopy this announcement and place it in your Resources directory.
The address for the attorneys listed below is incorrect in Resources.
Malcolm L. Edwards, WSBA No. 135, edwardsphoto@msn.com
Carl T. Edwards, WSBA No. 23316, cte@seanet.com
Howard M. Goodfriend, WSBA No. 14355, howard@washingtonappeals.com
Evy F. McElmeel, WSBA No. 30866, evy@washingtonappeals.com
Brendan Finucane Patrick, WSBA No. 25648, brendan@washingtonappeals.com
Robert G. Sieh, WSBA No. 6368
Catherine W. Smith, WSBA No. 9542, cate@washingtonappeals.com
Their correct address is:
500 Watermark Tower, 1109 First Avenue
Seattle, WA 98101-2988
Tel: 206-624-0974; Fax: 206-624-0809
Notice of Public Hearing: WSBA Resolutions Committee
Following the certification by the Board of Governors at their July 26 board meeting, the resolution shown below has been offered for membership consideration at the WSBA annual business meeting, Thursday, September 11, beginning at 5:30 p.m. at the Bell Harbor International Conference Center, Pier 66, 2211 Alaskan Way, Seattle.
The WSBA Resolutions Committee will conduct a public hearing on the resolution in accordance with article VII of the WSBA bylaws. The public hearing will begin at 1 p.m. on Thursday, September 4, 2003, at the WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330. Proponents and opponents of the resolution are urged to attend the hearing or to present their views in written form, for consideration by the Resolutions Committee, by sending their comments to the WSBA executive director at the above address.
The Resolutions Committee will recommend approval, rejection, or amendment of the resolution, which will then be debated and voted on at the annual meeting. The members of the Resolutions Committee are Mark A. Johnson (chairperson), Paula E. Boggs, Robert M. Boggs, Kenneth H. Davidson, and David C. Reed.
Resolution
RESOLVED: That the Washington State Bar Association condemns the detention of U.S. citizens in the United States without access to counsel and without the right of meaningful judicial review.
Statement in Support of Resolution
Our government has detained indefinitely at least two United States citizens without criminal charge and has denied them access to lawyers. These men have been held incommunicado for over a year. One citizen was arrested in the United States, and both are being held here.
The government's justification is that they are "enemy combatants," as defined by itself. There is no established process by which the prisoners can challenge their designation or their imprisonment. Without access to lawyers, they have no way to seek release.
The American Bar Association Task Force on Enemy Combatants issued a Report analyzing the legal framework for the detention of these men which is available online at www.abanet.org/leadership/recommendations03/109.pdf. It recommended that U.S. citizens and residents detained within the United States because of their designation as "enemy combatants" be given the opportunity for meaningful judicial review and that they not be denied access to counsel.
Although the ABA legal analysis is convincing, it should be unnecessary. Even if there were a law supporting the government's position, it would be the duty of lawyers admitted to the Bar in the United States to oppose it.
No U.S. citizen should be imprisoned indefinitely by his or her own government and denied the right to a lawyer and meaningful legal redress. It is as simple as that.
It is fundamental to the common law right of habeas corpus. It is fundamental to the principles on which our country was founded and on which our Bill of Rights was based.
The WSBA bylaws state that one of our goals is to "promote an effective legal system, accessible to all." We are to serve as a statewide voice to the public and the branches of government on matters relating to this.
It is our duty to speak out in opposition to this practice.
Notice of Public Meeting: Legal Foundation of Washington
Friday, September 12, 2003
The trustees of the Legal Foundation of Washington will meet on September 12, 2003, at the Foundation's offices, 500 Union St., Ste. 545, Seattle. From 9-9:30 a.m., the public may appear in order to comment on the Foundation's activities. This opportunity is made pursuant to article I, section 1.7, of the Legal Foundation of Washington bylaws.
Bankruptcy Case Law Digest for Washington State—Third Edition
The third edition of the Bankruptcy Case Law Digest for Washington State is a two-volume set with a searchable CD, and contains the bankruptcy cases dating from 1996 through 2002, with a linked topical index, case list, code, and rules. Bankruptcy cases included are from the U.S. Supreme Court, the 9th Circuit Court of Appeals, the 9th Circuit Bankruptcy Appellate Panel, the 9th Circuit District Courts, and Washington bankruptcy courts.
Cost for both volumes and the searchable CD is $90. Members of the WSBA Creditor-Debtor Section and the Idaho Commercial Law and Bankruptcy Section receive a $15 discount.
For order information, go to www.wsba.org/lawyers/groups/creditordebtor/bankruptcy_digest.htm.
Washington Legal Ethics Deskbook Available in Fall 2003
Edited by Gail McMonagle, Perkins Coie professional standards counsel, and written by members of the WSBA Rules of Professional Conduct Committee, including the former WSBA chief disciplinary counsel, the Washington Legal Ethics Deskbook (2003) provides practical advice on all aspects of client representation, from formation of the attorney-client relationship to withdrawal from employment. The deskbook includes comprehensive coverage of advertising and solicitation (including Internet issues), attorney fees and fee agreements (with sample agreements), multistate practice and collection issues, special ethical concerns in mediation and negotiation, and attorney malpractice and disciplinary procedures, including the new Rules for the Enforcement of Lawyer Conduct (ELCs). The price of the deskbook is $150, plus shipping and handling, and tax. For more information, call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail orders@wsba.org.
Dave Burman to Receive Charles A. Goldmark Distinguished Service Award
The Legal Foundation of Washington will present the 2004 Charles A. Goldmark Distinguished Service Award to David J. Burman at the 18th Annual Goldmark Award Luncheon, to be held Friday, February 20, 2004, at the Red Lion Hotel in Seattle between noon and 1:30 p.m. The luncheon is open to the public.
Mr. Burman, a partner with Perkins Coie, will receive the award in recognition of his pro bono representation before the U.S. Supreme Court in Brown v. Legal Foundation of
Washington. The Court upheld the constitutionality of Washington's IOLTA program. Nationally, IOLTA programs provide over one-third of civil legal-aid funding to the poor.
The Goldmark Award honors the memory of Charles A. Goldmark, Seattle attorney, community leader, and ardent supporter of access to justice, who was serving as the Legal Foundation's president at the time of his death in 1986.
For more information about the Legal Foundation of Washington, the Goldmark Award, or the IOLTA program, visit www.legalfoundation.org.
Annual Awards Dinner and Business Meeting
The Annual Awards Dinner and Business Meeting will be held Thursday, September 11, at Bell Harbor International Conference Center, 2211 Alaskan Way, Seattle. The reception begins at 5:30 p.m. (no-host bar), and the dinner/program begins at 6:30 p.m. Cost for the dinner is $60 per person. All members of the legal community are invited. The registration form can be found on page 43.
50-Year Member Tribute Luncheon
This year, the WSBA will be honoring its 50-year members at a luncheon on Thursday, September 25, in the Fifth Avenue Room of the Westin Hotel, 1900 Fifth Ave., Seattle. Registration and reception begin at 11 a.m. (no-host bar), and the luncheon and program begin at noon. Cost for the luncheon is $45 per person. All members of the legal community are invited to attend. The registration form can be found on page 52.
Fiddler on the Courthouse Roof
At the Eighth Annual Access to Justice Conference June 6-8 in Wenatchee, Tevye (Don Horowitz) and a low-income client (Mary McQueen) sang "Grantmaker, grantmaker, give me a grant" (to the tune of "Matchmaker, Matchmaker") to "IENTA" (Dick Manning) (who represents the IOLTA funds/Legal Foundation of Washington) in hopes of receiving a grant to keep the pro bono program alive in "Anatevka," Washington.
"Fiddler on the Courthouse Roof" celebrated the Legal Foundation of Washington's victory in the Brown v. Legal Foundation of Washington case regarding IOLTA funds.
Katie O'Sullivan, Dave Burman, and Nicholas Gellert, members of the Perkins Coie defense team, also had roles in this production.
Ethics 2003 Committee Meetings
The WSBA Committee for the Evaluation of the Rules of Professional Conduct (Ethics 2003 Committee) was convened to review the revised ABA Model Rules of Professional Conduct; undertake a comprehensive study and evaluation of the ABA "Ethics 2000" revisions; consider the suitability of adopting the ABA revisions and commentary in Washington; and consider other appropriate changes to Washington's Rules of Professional Conduct. Ethics 2003 Committee meetings are open to the public, and interested WSBA members are encouraged to attend and/or provide input about the committee's work. Information about the Ethics 2003 Committee is on the WSBA website at www.wsba.org/lawyers/groups/ethics2003. Please direct questions or comments to Committee Reporter Douglas Ende at 206-733-5917 or ethics2003committee@wsba.org.
Upcoming meetings:
August 13—WSBA office
September 3—WSBA office
Filing-Fee Notice for CLE Sponsors
Effective July 1, 2003, all CLE sponsors will be required to pay a $50 filing fee. At the November 22, 2002, Mandatory Continuing Legal Education (MCLE) Board meeting, a motion was passed to increase to $50 a sponsor's filing fee for a Form 1 application for approval of MCLE credit. In addition, a motion was passed to increase to $3 per name the fee for the WSBA's processing of manually submitted CLE attendance, with advance notice to providers that fees were raised effective July 1, 2003. The fee for electronically submitted attendance will remain at $1 per name. This increase in fees will be subject to review, to ensure that the generated income is sufficient to cover costs.
Upcoming Board of Governors Meetings
September 11-12—Seattle
October 17-18—Portland
December 5-6—Leavenworth
With the exception of a one-hour executive session the morning of the first day, Board of Governors meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Please contact Donna Sato at 206-727-8244 or donnas@wsba.org. The complete Board of Governors meeting schedule is available on the WSBA website at http://www.wsba.org/info/bog/2003-2004_bog_meetings.htm.
Usury Rate
The average coupon equivalent yield from the first auction of 26-week treasury bills in July 2003 is .96 percent. The maximum allowable interest rate for August is therefore 12 percent. Compilations of the average coupon equivalent yields from past auctions of 26-week treasury bills and past maximum interest rates for June 1988-June 1999 appear on page 53 of the June 1999 Bar News. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/
publications/barnews/usury.htm.
Online MCLE Credit-Tracking System
Using the online MCLE credit-tracking system, you can do the following:
• View your CLE courses and credits on your online attendance roster.
• Make changes to your online attendance roster.
• Search for approved courses.
• Apply for course approval.
To enter the MCLE credit-tracking system, go to the WSBA website at www. wsba.org and click "MCLE WEBSITE" in the left navigation bar, or go to http://pro.wsba.org and click on the Member tab. Select "Member Login" and follow the onscreen instructions. If you have questions, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.
Website Links from Lawyer Directory
A link to your website can be added to your directory listing, so that current and potential clients can find out more about you and your practice at the click of a button.
The fee is $75 annually ($50 for the first year if you sign up July 1 or later). If your firm has seven or more lawyers, you'll save through our special pricing structure. Special pricing is also available for those who work for nonprofit or government agencies. For more information and sign-up instructions, see www.wsba.org/lawyers/addlink.htm.
Keep in Touch
The WSBA uses e-mail to communicate with members quickly, efficiently, and inexpensively, and increasingly it is becoming the preferred method of communication among committees and sections. If you haven't already, please consider providing us your e-mail address. Contact the WSBA Service Center at 800-945-WSBA, 206-443-WSBA, or questions@wsba.org. Representatives are available Monday through Friday, 8 a.m. to 5 p.m.
The WSBA Store Is Open
The WSBA online store is open. Go to www.wsba.org and click "WSBA Store" in the left navigation bar. Purchase Cutter & Buck polo shirts, twill baseball caps, ballpoint pens, and brass luggage tags emblazoned with the WSBA logo. The store features secure online credit-card ordering. You may also purchase logo merchandise by calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.
• Polo shirt (pewter or white, size L or XL)—$56
• Baseball cap (stone)—$24
• Ballpoint pen—$12
• Luggage tag—$7
Prices include shipping and handling. Sales tax (8.8 percent) will be added to orders shipped within Washington.
Learn More about Case-Management Software
The WSBA Law Office Management Assistance Program (LOMAP) office maintains a computer for members to review software tools designed to maximize office efficiency. LOMAP staff are available to provide materials, answer questions, and recommend options. To make an appointment, contact Pete Roberts at 206-727-8237 or peter@wsba.org.
Consumer-Information Pamphlets Available
Provide a valuable service to your clients by offering them consumer-information pamphlets! Published by the WSBA as a public service, these pamphlets educate consumers about their legal rights and responsibilities, answer frequently asked questions, and explain basic aspects of Washington law. The information, of course, is general, and not intended as legal advice or as a substitute for a lawyer's services.
For a complete listing of pamphlets and pricing information, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or go to www.wsba.org/consumer-information.
Note: A special discounted rate is available for qualified nonprofit organizations—contact the WSBA Service Center for details.
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