November 2003
FYI: For Your Information
Bar News Survey Coming Soon
In order to provide you with the best publication possible, we want to know what you think!
In November, a number of randomly selected WSBA members will be contacted by phone. If you're able to, we would very much appreciate your taking a few minutes to participate in the survey. For those not contacted by phone, you also are invited to participate. The survey will be printed in the December issue of Bar News, and we encourage you to complete it and return it to us.
The survey results will be printed in a future issue of Bar News.
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.
WSBA Court Rules and Procedures Committee to Review Rules
When it reconvenes in fall 2003, the WSBA Court Rules and Procedures Committee is scheduled to review the Civil Rules for Superior Court (CR) and for Courts of Limited Jurisdiction (CRLJ), as well as the Mandatory Arbitration Rules (MAR) and the Special Proceedings Rules (SPR). Please send any suggestions for rule changes to the Supreme Court of Washington, Temple of Justice, P.O. Box 40929, Olympia, WA 98504-0929; or e-mail Lisa Bausch at Lisa.Bausch@courts.wa.gov.
Elder Law Section Contributes $25,000 to LAW Fund
The Elder Law Section made a $25,000 contribution to Legal Aid for Washington ("LAW") Fund. Since 1999, the section has made annual financial commitments to LAW Fund and other programs that help the poor achieve meaningful access to justice. This gift is in recognition of the current crisis in legal aid funding for seniors. Thanking the Elder Law Section for its most recent contribution, LAW Fund President Salvador A. Mungia stated, "We applaud the Elder Law Section, which has demonstrated, with this gift, its convincing leadership at a crucial juncture. The gift is an inspiration for bar sections and private attorneys across the state." For more information about the Elder Law Section, visit www.wsba.org/lawyers/groups/elderlaw. For more information about LAW Fund, visit www.lawfund.com.
CLE Bookstore Open for WSBA Members in December
For members who must complete their MCLE credits before December 31, 2003, the WSBA CLE Seattle bookstore will be open at the Washington State Bar Association, 2101 Fourth Ave., Ste. 400, from December 1 through December 31. Hours of operation will be 9 a.m. to 4:30 p.m., Monday through Friday, with the exception of Thursday, December 25, when the bookstore will be closed, and Wednesday, December 24, and Wednesday, December 31, when the bookstore will be open from 9 a.m. to noon only. New this year, for added convenience, the bookstore will stay open on Thursday evenings, December 4, 11, and 18, until 6:00 p.m. Available MCLE A/V credit-approved material will include a limited supply of selected taped seminars with coursebooks. Payment may be made by cash, check, MasterCard, or Visa, and there are no shipping and handling charges for members who take their purchases with them. (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.)
For Spokane-area members, a "satellite" version of the CLE Bookstore will be set up at the "Best of CLE" seminar on December 3 at the Red Lion River Inn in Spokane. Whether you are attending the seminar or not, we invite you to stop by, browse, and select your ready-to-go A/V credit-approved coursebooks and tapes.
For members ordering CLE materials through the online store (http://store.yahoo.com/wsbastore), or by mail, phone, or fax, orders must be received by December 12 in order to guarantee delivery by December 31.
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 or peter@wsba.org) or Allison Durazzi (206-733-5914 or 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.
MCLE Credits for Group 3 Due at Year-End—Make Reporting Easy
Active WSBA members in MCLE Reporting Group 3 will be required to report compliance with MCLE credit requirements for the 2001-2003 reporting period at the end of this year. 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 will not be due to report until 2006.
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 30 live credits
• At least six ethics credits
• At least 45 credits total of WSBA approved CLE activities
If a Group 3 member does not meet the credit requirement by December 31, 2003, an automatic extension will be granted until May 1, 2004; however, a late fee will be imposed. If this is the first period in which a member has not met MCLE compliance requirements, the late fee is $150. The late fee increases by $300 for each consecutive reporting period that the member is late in meeting MCLE requirements.
To make reporting easy, all courses listed in Group 3 member rosters on the MCLE system by November 1 will be preprinted on the Continuing Legal Education Certification (C2) form, which will be included in the 2004 license-renewal packet sent to Group 3 members. Most of the courses taken by members should already be on member rosters, since sponsors are required by APR 11 to report member attendance at each course. You may want to check your roster on the MCLE system to ensure that all courses you have taken are listed.
In addition to reviewing courses taken and credits earned, you can also use the MCLE system to do the following:
• Apply for CLE activity approval, including writing credit, prep-time credit, and pro bono credit.
• Search for approved courses being presented in the future.
To use the MCLE system, go to http://pro.wsba.org, click on the "Member" tab, then select "Member Login." The online instructions will lead you through creating a confidential password and beginning to use the system. If you have questions, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.
Address Update Reminder
Now is the ideal time to check that the WSBA has your correct contact information in its database. The 2004 license fee renewal packets are scheduled to be mailed in early December. The deadline for updating your address to be included in the license-fee renewal packet mailing was November 1, so please call the WSBA to request a duplicate packet if you have not received yours by December 31, 2003. You can check your listing by going to the online lawyer directory at http://pro.wsba.org. If any of your contact information (name, address, phone number, or e-mail address) has changed, please update the information by e-mailing questions@wsba.org, faxing the change to 206-727-8319, or calling us at 800-945-WSBA or 206-443-WSBA.
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 ethics2003committee@wsba.org.
Upcoming Ethics 2003 Committee meetings:
November 12—WSBA office
December 10—WSBA office
January 14—WSBA office
2002-2003 Committee Reports
Alternative Dispute Resolution
The committee held a successful arbitrator training for both lawyers and nonlawyers. Modifications were made to program forms and procedures based on issues that arose at the training. The committee also published an article in Bar News on arbitration training, and staffed information tables promoting ADR Programs at Legal Community Resources Fairs at all three state law schools. ADR discussed program fees and proposed to the Board of Governors changes in guidelines and fees for fee arbitration.
Amicus Committee
The committee participated on an expedited basis in two amicus briefs requested by the appellate court and prepared by the Family Law Executive Committee. See In re Marriage of Furrow, 115 Wn. App. 661 (2003), and In re Welfare of C.A.M.A, Washington State Court of Appeals No. 51001-1-I. The committee is supporting a request from the Real Property, Probate, Trust & Estate Section for amicus assistance in the Supreme Court, in Estate of Jones, Washington State Supreme Court No. 73951-0, petition pending.
Character and Fitness
The committee considered all petitions for reinstatement and all applicants for admission that were referred by the WSBA executive director. It prepared written findings regarding the fitness of each applicant and petitioner considered by the committee, and provided written recommendations for action to the Board of Governors for consideration by the Washington State Supreme Court. The committee heard nine matters: eight petitions for application to sit for the bar examination and one petition for reinstatement by a disbarred attorney.
Civil Rights
The committee held a CLE September 10 that provided education on 42 U.S.C. § 1983—a major and complex civil-rights statute. A civil-rights pamphlet was finalized and distributed identifying resources for those in need of legal services in the area of civil rights. Rule 412, proposed by the committee, was approved by the Washington State Supreme Court. This rule is expected to increase protection for victims of sexual harassment and assault from improper inquiries regarding past sexual history.
Continuing Legal Education (CLE)
The committee was rechartered as a policy-guidance body for the CLE Department. To that end, four standing subcommittees were established: Quality Control, to address CLE program quality; Technology, to address the use of various technologies in CLE presentation and marketing; Section and External Relations, to address section and outside-provider CLE programs; and CLE Programs, to address program development and speaker recruitment. The committee also provided input awarding CLE credit for volunteer bar activities and made numerous other policy recommendations.
Court Rules and Procedures
The committee concentrated on the ERs and IRLJs, and responded to requests for comments from the Washington State Supreme Court and WSBA Board of Governors. It recommended, and the board approved, several amendments intended to conform Washington's rules to the federal rules, and technical amendments to RAP 15.4, RALJ 9.3 and 10.2, and CRLJ 63. The committee recommended amendments to CrR and CrRLJ 4.6, and new rules CrR and CrRLJ 4.11. Board action is tabled until December 2003.
Electronic Communications (EC2)
The committee provided a CLE brown bag featuring its research over the past year. This event included detailed ways in which attorneys could use personal digital assistants (PDAs), web conferencing, and listserves for their practices. Throughout the year, the committee met with vendors to discuss the feasibility of adopting technologies such as web conferencing with WorldCom, LexisNexis, and office-management tools.
Judicial Recommendation
This committee screens and interviews candidates for state appellate court positions and makes recommendations thereon to the Board of Governors. The committee did not interview judicial candidates this year. A special JRC subcommittee made recommendations for changes to the Board of Governors. The board formed a special JRC Review Committee to update and revise the JRC guidelines and procedures. Revisions include the institution of a mandatory training for all JRC members.
Law Clerk
The goals and activities of the Law Clerk Committee included: (1) overseeing the running of the Law Clerk Program; (2) interviewing new law-clerk applicants; (3) acting as liaison to various law clerks; (4) reviewing individual law-clerk progress through the program; and (5) continuing the pursuit of support of complete reciprocity for Washington law clerks in Oregon and Idaho.
Law Examiners
The committee continues to maintain its goal of having a full exam in its "question bank," which serves as an excellent training tool for new examiners and provides a reserve of approved questions. The committee updated the Handbook of Procedures, for writing and grading bar examinations, and involved more members of the executive committee in the training of new examiners. In addition, an executive committee member attended a special three-day question-writing and grading workshop sponsored by the National Conference of Bar Examiners.
Lawyers' Fund for Client Protection
The committee evaluated more than 100 claims by clients who suffered a loss. Each claim was considered on its own merits and awarded compensation as allowed by the committee rules. In total, the committee approved 51 claims and awarded $125,913.24.
Legal Services to the Armed Forces
The committee (1) was instrumental in the passage of APR 8(g), allowing JAG officers in Washington state to receive a limited license to practice law; (2) sponsored a two-day (15-hour) CLE for JAG officers to meet the requirements of the APR 8(g) exception; (3) worked on the passage of amendments to RCW 59.18.200, 59.18.220, and 59.20.090, allowing early termination of long-term residential leases upon receipt of reassignment or deployment; and (4) worked toward creating a military law section.
Law Office Management Assistance Program
LOMAP services include phone and onsite consultations, LOMAP-CLE seminars (including an annual "roadshow"), speaking engagements with county bar associations and law schools, a lending library, a software laboratory, "Law Office in a Box™," and the Lawyer-to-Lawyer mentoring program. A subcommittee addressed revising the "Up and Running" chapter on Technology. The committee addressed the backlog of new lawyers waiting to be matched with experienced mentors, and continues to identify, pursue, and publicize programs for delivering law-office management services to WSBA members.
Mandatory Continuing Legal Education Board
The board (1) reviewed many requests for CLE exemptions from WSBA members, indicating that many members are having difficulty maintaining minimum CLE requirements; (2) developed a joint WYLD/MCLE rule-change proposal for new WSBA admittees; (3) evaluated and ratified the MCLE late-fee schedule; (4) evaluated and recommended an increase in MCLE program fees; (5) considered the certification of certain volunteer activities for CLE credit; and (6) continued to develop guidelines for WSBA-MCLE staff making decisions in response to routine requests by WSBA members.
Professionalism
A new project, "Random Acts of Professionalism," was implemented, with the goal of recognizing lawyers and judges who have displayed exemplary professionalism. The committee presented the annual highly successful CLE seminar "Ethics, Professionalism, and Civility: The Hard Questions," and continued to encourage county bar associations to purchase framed copies of the creed for display in each courtroom. To date, plaques hang in courtrooms in 27 counties.
Pro Bono and Legal Aid (PBLAC)
The committee continues to work to implement the Volunteer Attorney Legal Services Action Plan adopted by the Board of Governors in 1994. PBLAC operated this year through four subcommittees: Corporate Counsel and Government Pro Bono, Local Rules, In Forma Pauperis, and Supreme Court Involvement. Also, PBLAC worked to ensure the adoption by the Supreme Court of amendments to RPC 6.1 and proposed changes to APR 8(f) that will permit in-house corporate counsel to engage in pro bono work through qualified legal-services providers.
Public Information and Media Relations
The committee is charged with broadening public knowledge about, and respect for, the law; the rule of law; and the roles, responsibilities, and contributions of lawyers and judges, including their ethical commitments. This year, the committee developed and implemented a plan to respond to unjust criticism of judges.
Rules of Professional Conduct (RPC)
The committee's major activities this year have included: (1) responding to more than 30 requests for informal ethics opinions by WSBA members; (2) continuing to participate in the development of the forthcoming WSBA Legal Ethics Deskbook; and (3) coordinating work with the WSBA's Special Committee for the Evaluation of the Rules of Professional Conduct (Ethics 2003 Committee), which is examining possible changes to the Washington Rules of Professional Conduct.
2002-2003 Section Reports
Animal Law
The executive committee met at least four times, and the general membership met twice, with both meetings well attended. In March, the section organized an Animal Law CLE (nearly 100 attended) and in August, a brown-bag CLE (about 50 attended). The section compiled three cutting-edge newsletters during the year, complete with case summaries, member profiles, philosophical articles, ALS Committee reports, book reviews, and more. The ALS has two very successful e-mail listserves, one for attorneys and one for nonattorney members.
Antitrust, Consumer Protection and Unfair Business Practices
The section's annual meeting was held November 1, 2002, and officers (chair: Craig Heyamoto; chair-elect: David Dadoun; secretary: Mark Griffin; treasurer: Ramona Emerson) and Executive Committee members (Mark Griffin, Craig Heyamoto, David Lundsgaard, Bradford Axel) were elected. The section's annual CLE, designed to serve the needs of both experienced and "not so experienced" practitioners, was also held that day. The section's 2003 annual meeting will take place November 7, when current Chair-elect David Dadoun will become chair.
Business Law
The section's midyear meeting on May 16 was a tremendous success. Alfred Falk succeeded Brad Furber as chair; Dori Brewer became chair-elect and treasurer; Daren Nitz became vice chair and program chair for next year's meeting (to be held April 1-4 in Seattle in conjunction with the ABA Business Law Section's spring meeting); Pam Grinter was elected recorder; Paul Davis and Jason Farber were elected executive committee at-large members; and Joel Bodansky became Website Committee chair.
Dispute Resolution
The section completed long-term efforts to develop and upgrade its website and online directory of ADR providers; co-sponsored (with the UW School of Law) the Eleventh Annual Northwest ADR Conference, the most successful conference to date (with two-thirds of participants nonlawyers, a tribute to the section's outreach efforts); developed guidelines and procedures for the receipt, review, and consideration of requests for funding assistance for ADR-related programs and activities; and supported two law-student summer clerkships in ADR activities.
Environmental & Land Use Law
The section hosted a successful midyear meeting and CLE in Yakima. The CLE earned over $5,000. ELUL's quarterly CLEs were also well attended. The section is working with a consultant to develop an environmental and land-use-law curriculum for high school students. The section completed a survey of its members to determine what services they are interested in. The ELUL section newsletter continues to be the most important service offered. The section also hosts a website.
Family Law
The section increased its membership, membership services, and community involvement, while creating a budget surplus. It prepared a first draft of the Family Law Handbook, mandated by legislation from the prior legislative session; analyzed dozens of bills; participated actively in third-party custody issues; prepared a column in each issue of De Novo; and maintained a listserve. The section sent a delegation to participate at the Council of Community Property States. The annual meeting and CLE was held in Ocean Shores.
Indian Law
In collaboration with the Northwest Indian Bar Association (NIBA), the section discussed with bar leadership testing Indian law on the bar exam, and the unique nature and significance of Indian law and tribal-court practice. Gabe Galanda, chair-elect and two-term NIBA president, addressed groups that included bar leadership, the WSBA Diversity Committee, and the Washington State Supreme Court, on these and other Indian law issues. The section sponsored an all-day CLE titled "Tribal Land and Wealth Management" and a free brown-bag CLE; and awarded two $1,000 scholarships.
Intellectual Property
The executive committee increased coordination with other Northwest sponsors of continuing legal education. The section continued its significant monetary support for Washington Lawyers for the Arts; co-sponsored, with the WSBA, a seminar on intellectual-property licensing; and filed an amicus brief in the remand of the Festo case. A subcommittee recommended amendments to Washington's trademark statute (Ch. 19.77 RCW); these amendments became effective in July. The section welcomes volunteers to assist with projects such as web-resource development, listserves, and the newsletter.
International Practice
In November 2002, the section hosted its annual reception for more than 70 local and foreign lawyers and judges. In March 2003, the section hosted an Olympia tour for about 25 foreign lawyers. In May, the section offered a very successful full-day CLE, "The World Wide Web of Commerce." The section offers a bimonthly brown-bag lunch forum carrying 1.0 or 1.5 CLE credits. The section published the fourth edition of "Doing Business in Washington State—A Guide for Foreign Investment."
Labor and Employment Law
The section developed a listserve; enhanced and regularly updated its website; attended the WSBA fairs; continued to strengthen ties with labor and employment law professors, and law students; and will provide a superb, reasonably priced CLE to members at its annual meeting. It increased membership to more than 830 and contributed financial resources to the Unemployment Law Project and Mary Ellen Krug Scholarship Funds at Seattle University School of Law and UW Law School; and developed a welcome letter to new members.
Law Practice Management and Technology
The section enhanced and updated its website and listserve, launched a weblog, and is exploring converting to an electronic newsletter. It successfully completed its all-day CLE in March, and made plans for next March. It will present its award-winning "Winning Strategies CLE" again this fall. Its Brown-Bag Seminar Series continues. The section is in the process of merging with the General Practice Section to better address the needs of small-to-solo practitioners, and is designing a survey for section members, to help the section design better programs.
Litigation Law
The WSBA Civil Procedure Deskbook was updated, edited, and published; special thanks are owed to the deskbook's editor-in-chief, David Swartling, longterm section member and former chair. The midyear CLE in Seattle, highlighting trial skills, with national presenter Sonya Hamlin, was a huge success. The section hired a paid newsletter editor and established a regular newsletter-publication schedule. It also developed a successful member listserve, and published an updated Trial Practice and Evidence Manual.
Real Property, Probate and Trust
The section had its midyear and annual business meeting in June, with Tom Culbertson becoming chair; and sponsored or co-sponsored several seminars, published its quarterly newsletter, enhanced and updated its website, and developed and improved two listserves. It is putting together an Estate Administration Deskbook and Estate Planning Deskbook, exploring producing a single-volume Real Property Deskbook, and revising the Washington Condominium Act. Task forces will consider the termination age for UTMA accounts, the Uniform Trust Act, and the legislative overruling of Bachmeier; and prepare legislation for an original-will repository.
Senior Lawyers
The annual meeting and CLE was a great success, with more than 130 attending. The program included practical aspects of senior housing and care, dividends and investments, website information, and other topics. The executive committee has been putting together seminar programs, including a midyear mini-CLE and an educational cruise. The newsletter was published quarterly. In April, Pete Francis became chair; other officers include Ken Selander, Phil DeTurk, and Dudley Panchot. Executive committee members include Rod Dimoff, Herb Freise, Joanne Primavera, Larry Salkield, and Tom Wampold.
Taxation
The section enhanced its website and discontinued its newsletter. It created listserves for all its committees. The State and Local Tax subcommittee held several successful joint sessions with top personnel from the Washington State Department of Revenue, and the International Tax subcommittee was reactivated and re-energized by working with the International Committee of the Washington Society of CPAs. The section hosted a very successful annual luncheon, and again awarded a $5,000 scholarship to an LLM-program applicant. The section will sponsor a tax CLE with the Washington Society of CPAs.
World Peace Through Law
Monthly meetings include hour-long lectures carrying 1.0 CLE credit. The annual Ralph Bunche Award Luncheon honors people or groups which have made a significant contribution to world peace through law. A monthly newsletter summarizes CLE content for those not able to attend. The section plans to electronically record CLEs for distribution to members who cannot attend—to increase membership outside Seattle and provide a fundraising opportunity. Other plans include reaching out to local law schools, developing a website and listserve, and communicating electronically during the summer hiatus.
Back to table of contents >>
