August 2004

Third-year Governors Have Their Say

by David Savage, WSBA President

In my view, this column should provide an opportunity for the Board of Governors, not just the president, to communicate with members. For this month's column, I have invited the third-year governors* to offer a few words. I have served with them since joining the Board in the fall of 2001, and, while I knew none of them previously, I know them well now and can tell you with pride that they are dedicated, diligent, and conscientious persons who have volunteered a great deal of their time to make this bar association better. Their remarks provide an experienced view and a perspective different from mine. I hope there will be some among you who may be moved by their words and deeds to consider a leadership role — whether with the Board of Governors, a WSBA committee or section, a local bar association, or any other of the many fine associations that represent our diversity in gender, race, color, ethnicity, sexual orientation, national origin, economic circumstance, disability, or age. While it is fair to expect much of your bar association, it is important to remember that it is dependent on the labor of committed volunteers like those whose remarks follow.

Bryce Dille, Governor, 9th District

I practice in the "fair" town of Puyallup, and I have the luxury of practicing in a small town along with having a metropolitan practice primarily in the fields of real estate, business, estate planning, and probate. I was admitted to the Bar in 1966, which qualifies me as the "old-timer" on the Board of Governors. Prior to my service on the Board I had been active in the Tacoma-Pierce County Bar. Several years ago I received an appointment to the Disciplinary Board. That was a tremendous experience, primarily because I worked with such exceptional attorneys, including our president-elect, Brooke Taylor, and Steve Henderson, who was also a candidate for that office. This piqued my interest in Bar Association affairs. In the spring of 2001, I decided to become a candidate for the Board. At my first Board meeting after my election, we elected the first members to the two recently created diversity seats and also approved a new position for the Young Lawyers Division. At first I was somewhat ambivalent in my feelings towards those positions; however, my service on the Board has convinced me of the wisdom and foresight in creating those positions, which allow members to serve who otherwise might not be elected — such as Fawn Sharp, who represents the Quinault Indian Tribe; and David Savage, who represented the rural community of Pullman. They, together with the other members who have held these seats, have brought a breadth of experience as well as viewpoints that otherwise would have been missing.

During my term on the Board, I was elected treasurer of the Bar Association for this year, as well as president of the Washington State Bar Foundation, a position I will hold after my term on the Board has expired. Working with members of the Board in preparing the budget has been an invaluable experience, and I hope working with the Bar Foundation in the future will develop sources of funding for sorely needed Bar programs, such as assisting with law-school debt and diversity programs.

What I will miss the most in leaving the Board is the interaction, both business and social, with some of the best lawyers and nicest people I could ever hope to meet and be associated with. There have been many memorable experiences. For example, at a Board meeting in Walla Walla, we visited the Walla Walla Penitentiary and the next day were given a tour of Whitman College. Although these two institutions are only several miles apart geographically, they are worlds apart by any other measure. During my term, the Board has taken positions on such diverse issues as tort reform, court funding, legal assistance for the poor, adopting various recommendations for changes in the rules of practice and the ethics area, and establishing a WSBA diversity advocate position. In making these decisions, I have always attempted to seek the opinion of the lawyers from my district as to their concerns; however, in the final analysis, the ultimate decision for each Board member is based on what he or she believes is in the best interest of the membership as a whole.

I would like to thank those lawyers who elected me and those members, both past and present, of the Board of Governors with whom I have had the good fortune of serving. My term on the Board has been one of the most rewarding experiences I have ever had in the practice of law. I would urge every member to consider service on the Board or on any committee or section — truly the backbones of your Bar Association.

Rob Boggs, Governor, 4th District

Over the past three years I have traveled around with the BOG throughout the state of Washington. We have been from Spokane to Vancouver, Walla Walla to Bellingham, and places in between. WSBA members and the public are invited to all of the meetings. The meetings are usually attended by the BOG members and the liaisons from different groups such as the Superior Court Judges' Association, the Washington Association of Prosecuting Attorneys, and the like. I have rarely seen anyone else, meaning just John or Jane Doe Attorney, attend the meetings just to see what is going on. I would strongly urge attorneys to take the opportunity when the BOG meets in your neck of the woods to stop in and see what goes on. The calendar of meetings is posted on the WSBA website (www.wsba.org/info/bog).

Besides budget and other oversight functions, the BOG deals with serious issues that can affect one's day-to-day practice. For example, we have considered such things as new ethics rules and what can be done to increase court funding. When matters are discussed, the usual protocol is for the BOG members to comment first, and then the president asks for comments from other attendees. More times than I can remember, someone other than a BOG member comes up with a comment that changes minds. So please take the opportunity to attend.

Finally, I regularly hear people comment that they thought that the BOG only consisted of attorneys from the "big Seattle firms." Actually, that is far from the truth; in fact, the opposite is true. Since I have been on the BOG, there have been government lawyers, small-firm lawyers, solo lawyers, and so forth, with small-firm lawyers making up the bulk. So in parting I say, get involved — it is worth it.

Carl Carlson, Governor, 7th-Central District

After almost three years, I'm almost out of here. It'll be a huge relief to be able to get all those meetings and events off the calendar, and focus on my practice, but everyone I've talked to who has served as a governor (and this includes me) says that it has been one of the best experiences of their professional lives. The Bar Association staff is passionate, hardworking, and fun, and they deeply believe in the legal profession. We're lucky they work for us, and I'm going to miss them. The other governors are accomplished, selfless lawyers dedicated to the profession and the public, and it's been a rare treat to get to know them.

I report next week at the Member Benefits Task Force meeting on whether the WSBA should promote the ABA's Retirement Plan program to Washington lawyers. I've talked with the ABA folks, and it looks like a heck of a good plan. All Washington lawyers could participate — not just ABA members. Still need to read the entire contract that we would be signing. Should be able to handle that in time.

The Long-Range Planning Committee, which I chair, is in the middle of reviewing how the WSBA is doing at meeting its operational plan. Executive Director Jan Michels does a great job of focusing the governors on long-range planning. Reviewing how we're doing is a slow process — we've got another meeting next week — and we'll need to meet more often if we're going to get the job done on time.

I feel really bad that I haven't made it to any World Peace Through Law Section programs this year. As the BOG liaison to that section, I participated some last year but just haven't been able to this year. Thanks to Randy Winn's high-energy leadership, that section has had a spectacular year, with one amazing program after another. Sorry I haven't been more supportive, Randy. You have done an absolutely great job.

But I have attended, again as liaison, most of the Rules of Professional Conduct Committee meetings. If you're interested in legal ethics, you really want to be on this committee. These folks work hard, but it's fascinating stuff — nuts-and-bolts ethical dilemmas (do I have to give the client her file when . . .?) and cutting-edge issues (can I combine investment advice/sales with my estate planning practice?).

There's a lot more to being a WSBA governor — monthly (almost) BOG meetings, attending all sorts of law-related dinners and events, learning about the lack of legal services for the poor, the lack of funding for our courts, and more than I ever imagined about our profession. You ought to try it!

Jon Ostlund, Governor, 2nd District

I graduated from Gonzaga Law School in 1974 and have practiced law my entire career in Bellingham — the first seven years in private practice and the last 22 years as the Whatcom County Public Defender. Unfortunately, like most public defenders as well as most of my colleagues in the private criminal defense bar and in the prosecutors' offices across the state, I took very little interest in the Washington State Bar Association. I did not apply to be on any committees or boards, and, except for paying my dues and documenting my CLE credits each year, I really had very little to do with the WSBA. In 2001, it was Whatcom County's turn to have a member on the Board of Governors. Time was running short and no one had applied, so about a week before the deadline expired, the president of the Whatcom County Bar Association asked me if I would consider running for the Board of Governors. My first impulse was to say no, that I was too busy, but after thinking about it for a day, vanity got the best of me and I agreed to do so. I came on the Board of Governors, unlike most of my fellow governors, with very little knowledge of the workings of the WSBA or the Board of Governors.

These past three years as a governor have been among the most gratifying of my career as a lawyer, and it has been fun. I have a new appreciation of our profession and of our Bar Association, and of the dedication and hard work done by the many attorneys throughout the state who volunteer their time on various boards and commissions. On a personal level, the most enjoyable aspect of my term has been the friendships I have formed with my fellow BOG members, with the Bar staff, and with other attorneys. What a wonderful and bright group of people!

When I came on the Board, I decided that one area I would like to have an impact on was in raising the awareness of the growing crises in indigent criminal defense, with crushing caseloads and inadequate resources. I am proud to say that I have had an impact in this area, which culminated in the work and report of the Blue Ribbon Panel on Criminal Defense, which was released this spring. I am very grateful for the work and dedication of all the members of that panel and especially for the leadership of its co-chairs, retired Justice Robert Utter and Marc Boman.

As with any serious endeavor, there are also frustrations and failures at times. Most of that has been trying to maintain contact with all the various constituents. For instance, in the 2nd District I represent five counties and their bar associations, as well as serve as liaison to several sections and committees. I would have liked to have done a better job of keeping in contact with and attending more meetings of these organizations.

I am proud of the work of the BOG during these last three years; I think we have accomplished a lot and served the members of the Bar well. As governors, we have to remember that we represent the Bar as a whole as well as each of its members. There is often tension between representing the wishes of the members of the Bar and what we as individual governors feel is in the best interests of our profession or the public as a whole — those interests must be balanced.

My advice to you all is to get involved — volunteer for committees and boards, or consider running for the Board of Governors. We really cannot expect the Bar Association to continue to pay attention to us if we do not pay attention to it. I personally plan to be active in WSBA committees and to continue working on the indigent-defense issues raised by the Blue Ribbon Panel.

*Governor Zulema Hinojos-Fall, also a third-year governor, will be contributing to an upcoming issue of Bar News. Readers should look for her comments at that time.

_________________________

Dave Savage can be reached at savage2@imsblaw.com or 509-332-3502.

Back to table of contents >>