February 2004
FYI: For You Information
WSBA-CLE Publications Announces New Edition of Best-Selling Community Property Deskbook
WSBA-CLE Publications proudly presents the new Washington Community Property Deskbook, 3d ed. 2003. Important new substantive developments include the law of "meretricious relationships," community property agreements, and stock options. Treatment of federal preemption is reorganized and rewritten to make it more coherent and useful than ever. The editors have also added a section dealing with the relationship between community property and intellectual property — a growing body of law in other jurisdictions which Washington practitioners need to take into account. This edition is edited by professors Tom Andrews and Karen Boxx of the University of Washington, and professors Ann Murphy and Gary Randall of Gonzaga University School of Law. To order a copy of this best-selling resource, visit the WSBA online store at www.store.yahoo.com/wsbastore or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.
WSBA-CLE December Bookstore — Thank You to Members
WSBA-CLE extends a hearty thanks to our members for making the 2003 CLE December Bookstore a big success — we look forward to serving you again. Watch for our annual Summer Sale event next. As always, be sure to check out the online calendar at www.wsba.org/cle/seminars all year long for our latest live seminars.
YMCA Mock Trial Program Seeks Volunteers
The YMCA Youth and Government Mock Trial program allows high-school students to participate in a "true-to-life" courtroom drama. Each team of attorneys and witnesses prepares the case for trial before a real judge in an actual courtroom. A "jury" of attorneys rates teams for their presentation, while the presiding judge rules on the motions, objections, and, ultimately, the merits. Participants develop critical-thinking and analytical skills, learn the art of oral advocacy, and gain respect for the role of law and the judiciary.
The state championship competitions will be held Friday, March 26, through Sunday, March 28, 2004, at the Thurston County Courthouse in Olympia. Volunteer attorney raters and judges are needed. To volunteer, please contact Kelley Flynn at 360-357-3475 or wamocktrial@earthlink.net. See www.youthandgovernment.org for more details.
2004 Licensing
Licensing packets were mailed December 10, 2003. The packet includes your license fee invoice, trust account declaration form and, if applicable, the MCLE certification form. If you have not received your licensing packet by now, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. Please note that it is your responsibility to pay your annual license fee, regardless of whether you receive the licensing packet.
If you are mailing your forms and payment: The return envelopes for your forms and payments have instructions on the reverse side for improvement in processing and ease of use. Please review them carefully before mailing your forms and payment.
If you are paying your fees online: To pay your fees online, go to http://pro.wsba.org, click on the "Member" tab, then click on "Member Login," and sign in with your WSBA bar number and password. Prompts will lead you through the process to pay your 2004 license fees by MasterCard or Visa. Note that you do not need to return the A2 form if you pay online, but there may be other forms in the packet that you need to complete and return to the WSBA. If you wish to take the Keller deduction, you must mail your payment; the online system is not yet able to handle the Keller deduction.
Reminder notice: A reminder notice will be sent in mid-February to those members who have not paid their 2004 license fees.
Payment deadline: Please note that if your payment is postmarked or delivered in person to the WSBA office later than March 1, 2004, a 20 percent penalty will be assessed and a pre-suspension notice will be mailed. If your payment is postmarked after April 1, 2004, a 50 percent penalty will be assessed.
Important note about paying your fees: If either your license fee or, for active members, the Lawyers' Fund for Client Protection assessment remains unpaid two months after the mailing of the pre-suspension notice, the delinquency will be certified to the Supreme Court, which will enter an Order of Suspension from the practice of law.
More information: For more information, please see the WSBA website at www.wsba.org/lawyers/licensing/annuallicensing.htm. If you need assistance, the WSBA Service Center is available to help you Monday through Friday, 8:00 a.m. to 5:00 p.m., at 800-945-WSBA or 206-443-WSBA, or by e-mail at questions@wsba.org.
MCLE Certification for Group 3 Due February 2 — Automatic Extensions Given Until May 1 to Complete Credits
The deadline for MCLE Reporting Group 3 (2001-2003) members to return the Continuing Legal Education Certification (C2) forms to the WSBA is February 2. Members in Group 3 include active members who were admitted to the WSBA from 1984 to 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 license 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 license packet and C2 form.
If you are a Group 3 member, the following should have been completed 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
• A minimum six ethics credits
If you were unable to complete the credit requirements by December 31, you have an automatic extension until May 1, 2004. You do not need to apply for this extension.
If you did not meet the MCLE credit requirement by December 31 and/or if you do not return your C2 form by March 1 (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 were pre-printed on the back of your 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.) Include the WSBA activity ID number for each course you list. In addition, be sure that you write the date(s) that you listened to/viewed audio/visual courses on the C2 form.
To look up an activity ID number for 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 to assist you. If you have questions, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.
Emeritus Status for Lawyers
Are you paying for your active WSBA license but not practicing much these days? Are you thinking about changing your status to inactive for a reduced licensing fee? Consider the WSBA emeritus status. Emeritus is a limited license to practice with the same low licensing fee as inactive without the mandatory MCLE requirements. For more information please contact Sharlene Steele, WSBA access to justice liaison, at 206-727-8262 or sharlene@wsba.org.
New Child-Advocacy Information Resources
The Child Advocacy Clinic of the University of Washington School of Law announces the launch of two websites: Child Advocacy Central (www.childadcentral.org) and Foster Youth Central (www.fycentral.org). The goal of these resources is to provide legal information about the child-welfare system and to make community resources available to people who need them most. For more information, contact Sean R. Murphy, marketing and web project coordinator, at srmurphy@u.washington.edu or 206-543-3434.
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.
"Random Acts of Professionalism" Program
The WSBA Professionalism Committee has created a way for lawyers and judges to recognize their colleagues who have conducted themselves in a professional manner consistent with the Creed of Professionalism. Through the "Random Acts of Professionalism" Program, lawyers and judges may nominate their colleagues to receive the award. Nominating a lawyer or judge for the award is very easy — simply send his or her name, along with a brief description of why you are nominating the person, to Judy Berrett, staff liaison to the Professionalism Committee, at judithb@wsba.org, or fax to 206-727-8319. That's all there is to it! The nominated person will receive a letter, a certificate, and a copy of the WSBA Creed of Professionalism.
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) in the Law Office Management Assistance Program. Program guidelines and sign-up forms are on the WSBA website at www.wsba.org/lawyers/services/lawyertolawyer.htm.
Upcoming Board of Governors Meetings
February 27-28 — Seattle
April 2-3 — Seattle
May 14-15 — Ocean Shores
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.
Usury Rate
The average coupon equivalent yield from the first auction of 26-week treasury bills in January 2003 was .939 percent. The maximum allowable interest rate for February 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 Online 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 Allison Parker at 206-239-2117 or lawweek@wsba.org.
2004 Bar Leaders and Access to Justice Conference
The ninth annual Access to Justice Conference will be held in conjunction with the WSBA Bar Leaders Conference June 11-13 at the Yakima Convention Center. Registration brochures will be mailed in April. For more information, or to confirm that you are on the conference mailing list, contact Sharlene Steele at 206-727-8262 or sharlene@wsba.org (Access to Justice Conference); or Desiree Ogden at 206-733-5931 or desireeo@wsba.org (Bar Leaders Conference).
ABA Techshow
The ABA Techshow will be held March 25-27 at the Sheraton Chicago Hotel & Towers. Register before February 26 to receive a $100 early-bird discount. For more information, call 800-285-2221, or see www.abanet.org/techshow.
Resources on Sale for Half Price
The 2003-2004 Resources membership directory is now on sale for half price: $9 — WSBA members ($9.79 in WA) and $18 — non-WSBA members ($19.85 in WA).
To order Resources, call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or mail a request to WSBA Order Processing, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330. Payment may be made by check (payable to WSBA), MasterCard, or Visa, and must accompany your order. Note: The 2004-2005 edition will be available in the spring.
Use Resources to Your Advantage
Would you like your name and/or firm listed under your area of practice in the yellow pages of the 2004-2005 edition of the WSBA's Resources annual directory? Resources is used by thousands of lawyers, and the yellow pages are a valuable one-stop resource for all your legal-service needs. Find consultants, paralegals, contract attorneys, business appraisers, and more. The cost of a listing, which may include firm name, individual's name, address, phone, fax, e-mail, and website, is $35.
To reserve your yellow-page listing in the 2004-2005 Resources directory: indicate firm/individual name, address, city/state/zip, phone, fax, e-mail, website, and category; enclose a $35 check payable to the WSBA; and mail by February 28 to Washington State Bar Association, Resources Yellow Pages, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330. If you wish to be listed under more than one category, the cost is $35 for each listing. For more information, contact Kathy Henning at 206-733-5932 or kathyh@wsba.org.
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