December 2003

FYI: For Your Information

Notice of Hearing on Petition for Reinstatement of John C. Huddleston, WSBA No. 18942

A petition for reinstatement after disbarment has been filed on behalf of John C. Huddleston, who was disbarred on April 8, 1999. He had previously been suspended from practice on February 25, 1998. At the time of his suspension and disbarment, Huddleston practiced in King County, Washington.
 
A hearing on Huddleston's petition will be conducted before the Character & Fitness Board on Saturday, January 10, 2004. Not later than January 5, 2004, anyone wishing to do so may file with the Character & Fitness Board a written statement for or against reinstatement, setting forth factual matters showing that the petitioner does or does not meet the requirements of Admission to Practice Rule (APR) 21.5(a). Except by its leave, no person other than the petitioner or petitioner's counsel shall be heard orally by the Character & Fitness Board.
 
Communications to the Character & Fitness Board should be sent to Robert D. Welden, general counsel, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330. This notice is published pursuant to APR 21.4(a).

2004 Licensing Packets

Licensing packets will be mailed in early December. The packet includes your license-fee invoice, trust-account declaration form, and, if applicable, MCLE certification form. If you have not received your licensing packet by the first week in January, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org, to request a duplicate. Please note that it is your responsibility to pay your annual license fee, regardless of whether you receive the licensing packet.
 
Fees. We encourage you to pay your mandatory fees promptly to avoid penalties. A 20 percent late-payment penalty is imposed if the annual license fee remains unpaid on March 2, 2004. After April 2, 2004, a 50 percent late-payment penalty is imposed. If your license fee, penalty assessment, or Lawyers' Fund for Client Protection (LFCP) assessment  (required by APR 15) remains unpaid after May 2004, the delinquency will be certified to the Supreme Court, which will enter an order of suspension from the practice of law. In order to be reinstated to your former status after suspension for nonpayment, you must pay double the amount of the combined fee and penalty (triple the original fee). For active members, nonpayment of the $13 LFCP assessment is also cause for suspension.
 
Resources. The 2004 Resources directory will print the contact information that is in the WSBA membership database on February 2, 2004. Now is the ideal time to check that the WSBA has your correct contact information in its database. You can check your contact information at http://pro.wsba.org/.
 
If your contact information has changed, please complete and return the Contact Information Change form included in the license packet to the address shown on the form or by fax to 206-727-8319, or e-mail the changes to questions@wsba.org. Please update your information as soon as possible, but no later than January 31, 2004, for inclusion in Resources.
 
More Information. For more information, please visit www.wsba.org/licensingg, or contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba. org.

MCLE Certification for Group 3 (2001-2003) Due February 2, 2004

Active WSBA members in MCLE Reporting Group 3 (2001-2003) will be receiving Continuing Legal Education Certification (C2) forms in their licensing packets this month. The deadline for returning the C2 forms to the WSBA is February 2, 2004. Members in Group 3 include those who were admitted to the WSBA in 1984 through 1990, or in 1993, 1996, or 1999. Members admitted in 2002 are also in Group 3 but are not due to report until 2006.
 
If you are in Group 3 and did not receive a licensing packet or a C2 form, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. It is your responsibility to ensure that you receive your licensing packet and C2 form.
 
If you are a Group 3 member, you will need to complete the following by December 31, 2003, to meet the MCLE credit requirements for 2001-2003:

• At least 45 total credits of WSBA approved CLE activities, which must include:
 • A minimum of 30 live credits and
 • A minimum of six ethics credits.
 
If you are unable to complete the credit requirements by December 31, 2003, you will be given an automatic extension until May 1, 2004. You do not need to apply for this extension.
 
If you do not meet the MCLE credit requirement by December 31, 2003, and/or return your C2 form by March 1, 2004 (the end of the grace period allowed after the February 2 due date), you will be assessed a late fee. The assessed fee will be $150 for the first reporting period in which you have not met the MCLE credit/C2 requirements. The late fee increases by $300 for each consecutive reporting period in which MCLE requirements are not met.
 
To make reporting easy, all courses listed in your online roster at http://pro.wsba.org/ as of November 1 are preprinted on the back of the C2 form. You will need to list any additional WSBA-approved courses you have taken. (Course pre-approval for WSBA continuing legal education certification is an APR 11 regulation.)
 
To verify WSBA approval of a course or to apply for course approval, you can use the MCLE system at http://pro.wsba.org. After logging into the MCLE system site, click on the "Member" tab and then select "Member Login." The online instructions will lead you through the process of creating a confidential password and beginning to use the system. Online help is available. If you have questions, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.

Extended Hours at Annual CLE Bookstore in December!

For Group 3 members who must complete their CLE credits before December 31, 2003, the annual CLE December Bookstore in Seattle will be open at the WSBA office, 2101 Fourth Ave., Ste. 400, December 1-31. Shop from 9 a.m. to 4:30 p.m., Monday through Friday, with these exceptions: December 25, when the bookstore will be closed; and December 24 and 31, when hours will be 9 a.m. to noon only. And new this year, for added convenience, the bookstore will stay open on Thursday evenings, December 4, 11, and 18, until 6 p.m. Approved CLE A/V material will include a limited supply of selected taped seminars with coursebooks. Pay with cash, check, MasterCard, or Visa; take your purchases with you, and pay no shipping and handling charges! You may claim up to 15 total A/V credits for the current reporting period. All ethics credits can be acquired using approved A/V self-study.
 
Note: Orders made through the WSBA Online Store (store.yahoo.com/wsbastore), or by phone, fax, or mail must be received by December 12 in order to guarantee delivery by December 31. Visit www.wsba.org/store03.htm to see a list of titles available at the bookstore.

Legal Foundation of Washington 18th Annual Goldmark Awards Luncheon; Friday, February 20, 2004, Red Lion Hotel, Seattle.

Washington Juvenile Justice Assessment Project

A recently released study provides insight into Washington's juvenile indigent-defense system. Among the findings:
• Defenders often do not have the time or training to effectively ensure that their juvenile clients understand or are informed about their cases.
• In some counties, juveniles regularly proceed without the assistance of counsel in important hearings.
• Defenders working full-time reported an average of close to 400 cases annually, roughly 62 percent more than the standards endorsed by the WSBA.
• Most counties provide juvenile defenders with little or no training on court procedure or in dealing with troubled youth.
• Juveniles with mental-health problems often receive punishment instead of treatment.
 
You can view the complete study online at www.wsba.org/jjstudy.pdf, a summary at www.wsba.org/jjsummary.pdf, and frequently asked questions at www.wsba.org/jjfaqs.pdf.

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 with your e-mail address. Contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Representatives are available Monday through Friday, 8 a.m. to 5 p.m.

Washington State Supreme Court Task Force on Civil Equal Justice Funding Releases Study

An astonishing 87 percent of Washington's low-income households experience a civil legal problem each year, and only 12 percent of these households are able to obtain assistance from a lawyer, according to a study recently released by the Washington State Supreme Court Task Force on Civil Equal Justice Funding. You can read the news release online at www.wsba.org/media/releases/2003/WA_Courts_Study.htm. The release has a link to the report.

LOMAP . . . On the Road™ in December

The WSBA Law Office Management Assistance Program presents "LOMAP . . . On the Road: Smart Strategies for Improving Efficiency." The cost is $69, and the course offers two general plus two ethics credits. It will be held from 8 a.m. to noon, on December 15 in Montesano and on December 16 in Tacoma. The Centralia/Chehalis area is also to be included, with date and time to be decided. For more information, see http://www.lomap.org/, or contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.

Third-Party Liability Information

If your client is involved in a personal-injury case and has received or is receiving medical assistance payments for medical care, you are required to contact the Department of Social and Health Services (DSHS). RCW 43.20B.060 places a lien against any settlement or judgment your client receives from a third party who is responsible for your client's injuries in order to reimburse the medical bills that have been paid by medical assistance. Before settling your client's claim with the third party and/or the third-party insurance company, please contact the COB Casualty Unit of DSHS, by phone at 800-562-6136 or by mail at PO Box 45561, Olympia, WA 98504-5561, to supply the information that DSHS requires; or visit http://fortress.wa.gov/dshs/maa/ltpr. Pursuant to RCW 43.20B. 070, failure to pay any lien imposed by DSHS on any settlement or judgment obtained by your client can subject you to personal liability for any funds improperly distributed.

Establishment of New Armed Forces Section Awaiting Board of Governors Approval

This notice is posted pursuant to the WSBA Bylaws, Article IX, "Sections," regarding prior notification of intent to establish a new section. There is a current effort to form an Armed Forces Section. If approved by the Board of Governors, the WSBA Legal Services to the Armed Forces Committee would be discontinued in lieu of the new section. For additional information, please contact Ken Luce, chair, Legal Services to the Armed Forces Committee, at 253-922-8724 or kenyon.luce@ilrwa.com.

Lawyer-to-Lawyer Program: Mentors Needed for Newer Admittees

The WSBA's Lawyer-to-Lawyer Program matches newer admittees with experienced lawyers. The program is not a structured mentoring program and does not supplant any similar programs of local or specialty bars. We connect lawyers with similar practices in the same geographic area for mutual information-sharing and goodwill. We need experienced attorneys to serve as informal mentors, especially in King County. Help new lawyers get a head start on learning those lawyering skills not found in any textbook. Interested members may contact Pete Roberts (206-727-8237; peter@wsba.org) or Allison Durazzi (206-733-5914; allisond@wsba.org) in the Law Office Management Assistance Program. Program guidelines and sign-up forms are online at
www.wsba.org/lawyers/services/lawyertolawyer.htm. 

Upcoming Board of Governors Meetings

December 5-6—Leavenworth
January 8—Olympia
February 27-28—Seattle

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 www.wsba.org/info/bog/schedule.htm.

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 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 ethics2003 committee@wsba.org.

Upcoming Ethics 2003 Committee meetings:

December 10—WSBA office
January 14—WSBA office
February 11—WSBA office

Usury Rate

The average coupon equivalent yield from the first auction of 26-week treasury bills in November 2003 was 1.047 percent. The maximum allowable interest rate for December 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.

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 list 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.

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.

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.

Law Week 2004

Law Week is an exciting opportunity for lawyers and judges to bring public legal education into the classroom. Each year, Law Week provides an enriching experience to youth through positive interactions with lawyers and judges. Law Week 2004 will take place the week of April 26. To learn more about the program or to participate, visit www.lawweek.org or contact Lisa Harper at 206-733-5944 or lisak@wsba.org.

Fundraiser Established for Bremerton Attorney Fighting for His Life

Bremerton attorney De'Wayne Taylor (WSBA No. 30160) is in the fourth and final stage of non-alcoholism-induced cirrhosis of the liver and needs an organ transplant to save his life. He has been assigned an organ donor, but does not have medical insurance and cannot afford the $60,000-$100,000 transplant. A fundraiser with Bank of America, which will be overseen by Emmanuel Apostolic Church in Bremerton, has been established in Mr. Taylor's name. To donate funds, please call Theresa Steves at 360-478-6000.