August 2003

Lawyer Services: The New Washington Legal Ethics Deskbook

by Christopher Sutton, WSBA Professional Responsibility Counsel

Almost two years ago, at a meeting of the Rules of Professional Conduct (RPC) Committee, Gail McMonagle called upon her fellow members to help create a handbook on ethics that would assist Washington lawyers faced with ethical dilemmas in their daily practices. The committee, which meets six times a year to answer ethics inquiries by WSBA members, immediately recognized the need for such a guide, and the response was overwhelmingly positive.
 
So began the two-year task of writing the Washington Legal Ethics Deskbook. It was a huge undertaking involving many lawyers, whose cooperation and collaboration resulted in an excellent resource, a valuable aid to lawyers needing answers to ethical dilemmas. Information from many different source materials has been compiled in one place, thereby saving busy practitioners a great deal of time.
 
Have you ever asked yourself, when an attorney-client relationship arises and a member of an organization is represented by counsel because the organization has a lawyer, how to properly manage your trust account, or what to do if your client disappears? These questions, as well as  myriad others, are addressed in the deskbook. It is an indispensable reference tool you will want to keep close at hand. The deskbook will be updated periodically to keep you abreast of new ethical developments. As a convenience, you may choose the automatic updating service.
 
Covering everything from client confidences and secrets, to the special problems of government lawyers, to malpractice and discipline, the deskbook offers clear, comprehensive, practical guidance to everyday ethical problems faced by lawyers. Each chapter was written by a lawyer well versed in Washington ethics and familiar with the area covered by that chapter. Writers include Editor-in-Chief Gail McMonagle, past chair of the RPC Committee and current professional standards counsel for Perkins Coie; RPC Committee Chair Mark Fucile, partner in the litigation group at Stoel Rives, where he concentrates on ethics and bar disciplinary matters throughout the Pacific Northwest; and Barrie Althoff, former WSBA chief disciplinary counsel.
 
Some comments from the deskbook editors about the new project:
 
Gail McMonagle: "One of the most helpful features of the book is that it consolidates information from a multitude of resources, such as bar opinions, court cases, and the Restatement, in one place. Many of these resources are not readily available to lawyers. Also, it includes useful forms, such as conflict of waivers and examples of screens."

Mark Fucile: "I think Washington lawyers will find that the new deskbook offers a very practical approach to everyday issues."

Peter Jarvis, a member of the Washington and Oregon bars, and a partner at Stoel Rives: "I think the deskbook is a useful ethics guide written by practicing lawyers for practicing lawyers."

Megan McCloskey: "In my view, from having worked on the deskbook, it's a real-world guide for all lawyers, and particularly newer admittees."   

The deskbook, which will be available for purchase in fall 2003 for $150, is being published by WSBA-CLE in three-ring-binder format so that updates can easily be inserted. It will include a table of authorities, an index, and a diskette containing forms and fee agreements. If you sign up for the automatic update service at the time of purchase, you will receive a 10 percent discount on the retail price of all future updates. For more information, call 800-945-WSBA or e-mail orders@wsba.org.

Chapter titles:
Chapter 1:   Formation of the attorney-client relationship
Chapter 2:   Advertising and solicitation
Chapter 3:   Attorney fees and fee agreements
Chapter 4:   Withdrawal from employment
Chapter 5:   Client trust accounts
Chapter 6:   Law practice organization, management and sales
Chapter 7:   Duties: client confidences and secrets
Chapter 8:   Duties: competence, diligence and zealousness
Chapter 9:   Limitations: litigation matters
Chapter 10:  Identification of client in organizational settings
Chapter 11:  Conflicts of interest
Chapter 12:  Washington mediation ethics
Chapter 13:  Government lawyers
Chapter 14:  Attorney malpractice
Chapter 15:  Washington's lawyer discipline
Chapter 16:  Bankruptcy ethics issues

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