July 2003
Scoring Our Progress . . .
by Jan Michels, WSBA Executive Director
It's July and we're heading into the home stretch for Bar year 2002-2003. So how are we doing? Well, in a nutshell, under President Manning's leadership we've put into play seven new initiatives, we've fielded several long-range strategic goals, and we've batted home five runs. Not bad for one year! Here's the scorecard to date:
"Ethics 2003" Committee—Up to Bat
Ellen Dial chairs this extensive effort to review the ABA's "Ethics 2000" revisions to the Model Rules of Professional Conduct. Pitches coming to the committee include responding to the Sarbanes-Oxley regulations concerning a lawyer's duties in security transactions; multijurisdictional practice provisions and the hope to achieve uniform regulation in this area among states; possible revisions to lawyer-client confidentiality; amendments to rules governing conflicts of interest; proposed mandatory reporting of professional misconduct; and many other potential changes. The committee will remain at bat for most of 2004, while the board, WSBA members, the Washington State Supreme Court, and others field its recommendations. Committee meetings are generally held on the second Wednesday of each month at the WSBA office and are open to the public.
Professional Development Committee—A Home Run
Under Jeff Tolman's leadership, this committee worked during the past year to create recommendations on how to better assist new lawyers who are beginning their practices. The committee recommends requiring pre-licensure training, 15 MCLE credits in specified areas, expansion of mentoring, improvement in the Rule 9 Legal Intern Program, review of law-school curricula, availability of more information about how to practice law, and definitive research into factors associated with practice problems.
With the completion of this overview of new-lawyer development, two other efforts will begin: the Bar Exam Review Committee and the Student Loan Task Force.
Panel on Defense—Now at Bat
Though it took more than eight months of thinking and planning to create the Panel on Defense, Justice Robert Utter (Ret.) and Marc Boman have stepped up to the plate as panel co-chairs and are ready to play ball. The panel's game plan is to review the status of criminal defense and juvenile representation, and make recommendations about what the WSBA can and should do to correct problems and promote improvements in the defense delivery system.
Facility Planning—No Runs, No Hits, No Errors
The WSBA's lease expiration of 2006 inhibits our ability to move quickly into other space or renegotiate our current lease despite currently favorable economic times. The Facilities Committee (the steering committee for working with a lease broker and watching the market in the coming years) will remain alert to the WSBA's interests in centrality, access, and parking, while deciding on future lease options.
Court Funding—An All-Star Game
The Supreme Court named Wayne Blair chair of the Court Funding Task Force. This task force of all-stars has broken into five work groups (discussed in my May column), and expects to have some draft principles about court funding by midsummer. The task force expects its work to be parsed into separate legislative and funding initiatives over the coming years.
Timely Discipline—Two RBIs; One on Base
Since December 2001, the WSBA has been current in all disciplinary investigations. The previous backlog of investigations moved into the public-proceeding phase, and we experienced exceedingly heavy hearing loads through all of 2002 and into 2003. We are now cresting this wave of hearings and expect a glut of appeals in late 2003 and in 2004. For this huge effort to catch up and stay current with all disciplinary matters, the WSBA thanks Chief Disciplinary Counsel Joy McLean, and all disciplinary counsel and support staff.
Member Benefits—Rounding Third; Heading for Home
In the last two years, the Member Benefits Task Force has brought members medical coverage and, recently, long-term-care insurance. The task force is now investigating auto- and home-insurance packages, after which they are likely to declare their work finished, and adjourn.
Nonlawyer Member on the Board—In the Bullpen
Governor Howard Graham chairs a small work group investigating the possibility of including more nonlawyer members in WSBA governance. Many members have reservations about this proposal. It appears that lay interest is primarily in admissions, discipline, and consumer protection. There are various ways to include nonlawyer representation in these areas, which the committee is exploring with the Board of Governors, WSBA members, and the Washington State Supreme Court.
Fiscally Sound—A Solid Run
By the end of the current bar year, the WSBA will achieve the promised eight percent of operating reserve. With the adopted two percent license-fee increase in each of the next three years, the WSBA will accumulate an additional contingency reserve for possible relocation or technology expense. No significant future staff growth is planned.
Practice of Law Board—Game Won; Series Continues
After a year of team-building and regulation development, the Practice of Law Board (PoLB) began investigating complaints of unlawful practice. By rule, the PoLB can develop advisory opinions, refer the complaint for prosecution, or evaluate it for public interest and possible regulation. The second task of the PoLB, investigating nonlawyer practice for possible regulation, is on the game schedule and will be the subject of a PoLB retreat later this year.
Bar News Review Committee—On First with a Walk
With the return of Lindsay Thompson as Bar News editor, the first step of the review was a walk to first base. In my June column, I hoped to raise consciousness about Bar News as a communication medium, and in the fall the committee will survey members about what you hope to see in your Bar News.
Reciprocity—A Home Run
Washington adopted a reciprocal admissions rule, APR 18, and Idaho and Oregon followed with the tri-state reciprocity agreement. Utah and Montana have voiced interest in joining the agreement. Similar agreements are under consideration by the "four-corner" states and the New England states. The states that are currently part of the tri-state agreement are now working on common multijurisdictional and pro hac vice rules.
Legislative Initiatives—Two Hits; Two Left on Base
The 2003 legislative session was almost rained out by the severe budget deficit. We managed to get two of our three section bills passed and signed, with the last one scheduled to resurface next session. Most tort measures were halted, but we did not manage to secure the temporary emergency filing-fee increase for legal services.
Diversity—An All-Star Team
With the goal that was so eloquently stated by Ron Sims at the Loren Miller Bar Association Dinner in 2002—"Halls of justice that reflect the diversity in the streets"—the WSBA is close to achieving a governing board that reflects the population of Washington. Our Board of Governors also reflects a broad spectrum of practice areas, firm size, and plaintiff/defense/government-practice orientation. As a result, discussions are broader and richer.
Legal Services Funding—Series Even at One Apiece
Winning adequate, stable funding for legal services takes more than a game, a season, or a lifetime record. We won the U.S. Supreme Court IOLTA case, but lost the emergency filing-fee increase. We still have the legal-needs-assessment study to put into play, and are banking on the coaching of the Supreme Court's Court Funding Task Force.
Washington State Bar Foundation—Home Run in the First Inning
The Washington State Bar Foundation has stated its goals as supporting legal services, promoting public legal education, awarding scholarships and stipends to law students, offering humanitarian aid and treatment services to needy members, and administering grants and donations directed to the foundation's purposes. This is a home run, but it's early in the game. The foundation needs a cause that attracts giving, without reducing donations to established legal services and funds. We want to ensure it is considered for programs, services, and revenue streams not tapped or offered elsewhere.
So, with the 2002-2003 season closing, your Bar has a good record. Bar leaders will work this summer to develop next year's game plan. We want to know what you think. Never hesitate to lob us a pitch or coach us from the stands.
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