June 2004

FYI: For Your Information

Statement of ABA President Dennis W. Archer re Gramm-Leach-Bliley Act's Privacy Provisions

The following statement was issued by ABA President Dennis W. Archer on May 3, 2004.

Re: Ruling of U.S. District Court Judge Reggie B. Walton, District of Columbia District Court, in litigation over application of Gramm-Leach-Bliley Act privacy provisions to lawyers

"The public interest prevailed Friday when the United States District Court for the District of Columbia agreed with the ABA that 'Congress did not intend for the [Gramm-Leach-Bliley Act's] privacy provisions to apply to attorneys' who provide financially-related legal services. The District Court's ruling came as the result of a lawsuit filed by the ABA against the Federal Trade Commission, which was decided along with a similar suit filed by the New York State Bar Association. The ABA's lawsuit arose from its concern that the FTC's requirement that lawyers send privacy notices to their clients was unnecessary in light of state regulation of the legal profession and would create misunderstanding about the more stringent confidentiality rules that govern the traditional lawyer-client relationship."

Fulbright Scholar Grants Available for 2005-06

Application deadline: August 1, 2004

The Fulbright Scholar Program is offering a number of lecturing, research, and lecturing/research awards in law for the 2005-2006 academic year. Awards range from two months to an academic year. Foreign-language skills are needed in some countries, but most lecturing assignments are in English. For information, see www.cies.org, or contact the Council for International Exchange of Scholars, 3007 Tilden St. NW, Ste. 5L, Washington, DC 20008; phone 202-686-7877; e-mail apprequest@cies.iie.org.

CLE Publications Gears Up for Member Appreciation Summer Sale

If you're looking for great deals on CLE products, mark your calendar for next month's WSBA-CLE Member Appreciation Summer Sale at the WSBA Online Store. Conveniently shop online for dozens of special deskbook, audio seminar, and coursebook values — offered only July 19 through July 30. Watch the WSBA homepage (www.wsba.org) and your mailbox in the coming weeks for details!

New Legislation Relating to Filing Wills Under Seal

On March 22, 2004, Governor Gary Locke signed into law an act relating to filing wills under seal before a testator's death, and adding a new section to Chapter 11.12 RCW. This means that now lawyers who have accumulated original wills of testators with whom they have lost contact have a proper place to file them.

The new statute provides that any person who has custody or control of an original will and who has not received knowledge of the testator's death may deliver the will for filing under seal to any court having jurisdiction. The testator may withdraw the will upon proper identification. Any other person, including an attorney-in-fact or guardian of the testator, may withdraw the will only upon court order after showing good cause. Upon request and presentation of a certified copy of the testator's death certificate, the clerk shall unseal the will.

The new law takes effect June 10, 2004.

Although the Rules of Professional Conduct allow it, the WSBA Professional Counsel believes the better practice for lawyers is not to retain an original will but to entrust it to the client. If there is concern about the will's safekeeping, it may be filed under seal with the county clerk after June 10, 2004.

WYLD Seeks Award Nominations

The WYLD is accepting nominations for the Thomas Neville Pro Bono Award, Outstanding Young Lawyer of the Year, and Professionalism Award. All three awards recognize lawyers who epitomize the best in the legal profession. Nominations are also being accepted for Outstanding YLD Affiliate or Organization, for recognition of public service and/or member-service programs.

If you know of someone who deserves to be recognized, please visit www.wsba.org/lawyers/groups/wyld for full details and a nomination form. Self-nominations will not be accepted. Please note that a completed nomination form must accompany each nomination to be considered.

Nominations must be received by July 30, 2004, and should be sent to Lisa Harper, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121; or lisak@wsba.org.

Award recipients will be determined by the WYLD Board of Trustees at their August 21, 2004, meeting. Recipients will receive awards at presentations to be held in conjunction with events within their law firm and/or legal community.

Washington Civil Trial and Evidence Manual to Be Released

The fifth edition of the WSBA Litigation Section's Washington Civil Trial and Evidence Manual is scheduled for release at the section's midyear in Seattle on June 18, 2004. This is the first new edition in 10 years. Editor-in-chief John Ray Nelson notes in the foreword that this all-new edition "still reflects the bulk of George Bassett's work in the original, as well as the simple brilliance of his open-book alphabetical organization (designed so that an attorney can find the law on an evidence issue during trial without having to already know what the Rule number is)." For information on how to order the manual after the June 18 midyear, please contact WSBA Order Fulfillment at 206-727-8278 or orders@wsba.org.

Law Week Thank You

The WSBA thanks all the judges and lawyers who participated in Law Week 2004, a program through which judges and lawyers volunteer to teach students about law, civics, the justice system, and democracy. Statewide, 312 judges and lawyers, and 123 teachers signed up for Law Week through the WSBA, resulting in visits to an estimated 3,500 students. Presentation and lesson topics ranged from Brown v. Board of Education to "No Vehicles in the Park"; many attorneys created presentations of their own. 

The response from teachers reflects their sincere appreciation for the time and effort taken with their students. A small sampling of the comments we received: "Thanks for helping with this great opportunity for my kids!" "We're up for next year … [this attorney was] very committed and enthusiastic." 

Attorney comments included, "I just had a wonderful day teaching," and "I had an absolute ball." 

Thanks to all of you who made Law Week 2004 a success! We look forward to next year's Law Week, May 2 – 6, 2005.

Reception Held in Seattle for ABA President-Elect Robert Grey

On April 6, a reception was held at the Fairmont Olympic Hotel in Seattle to honor American Bar Association President-elect Robert J. Grey Jr., who will become president of the ABA in August 2004. In the photo above, from left to right, are WSBA President David W. Savage; WSBA President-elect Ronald R. Ward; Joseph H. Gordon, WSBA member since 1935 and long-time ABA member; Robert Grey; and Washington State Supreme Court Chief Justice Gerry L. Alexander.

Notice of Deadline for Filing WSBA Resolutions

Pursuant to WSBA Bylaw Article VII, Section F, Resolutions, any 10 active members of the WSBA may present a written resolution to the Board of Governors for consideration at the WSBA's annual business meeting. This year's meeting will be September 16, 2004, beginning at 6 p.m. at the Seattle Marriott Waterfront Hotel, 2100 Alaskan Way, Seattle. Resolutions must be filed with the WSBA executive director at least 90 days before the annual meeting (by 5 p.m. June 17, 2004), and must be accompanied by a written report explaining the resolution. The resolution and explanatory report together must not exceed a total of 1,000 words. Send resolutions to WSBA Executive Director, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330.

The Board of Governors will refer any resolutions addressing issues within the purposes of the WSBA to the WSBA Resolutions Committee. Those purposes are set forth in Article I of the WSBA Bylaws and General Rule 12 of the Washington Court Rules.

Not more than 11 nor fewer than seven days before the annual meeting, the Resolutions Committee will hold a public hearing at the WSBA office (2101 Fourth Ave., Ste. 400, Seattle) to consider the views of proponents and opponents of resolutions. Proponents and opponents may attend the hearing in person or present their views in written form for consideration by the committee. Proposed resolutions will be published in the August 2004 issue of Bar News, along with the date of the Resolutions Committee meeting and a list of committee members.

For further information, contact WSBA General Counsel Robert D. Welden at bobw@wsba.org or 206-727-8232.

2004 Bar Leaders and Access to Justice Conference

The 2004 WSBA Bar Leaders Conference and Access to Justice (ATJ) Conference will be held at the Red Lion Hotel Yakima Center June 11-13, 2004. For Bar Leaders registration information, contact Desiree Ogden at 206-733-5931 or desireeo@wsba.org; for ATJ information, contact Sharlene Steele at 206-727-8262 or sharlene@wsba.org. Information is also available on the WSBA website at www.wsba.org.

MCLE Certification for Group 3 (2001-2003) Past Due

MCLE Reporting Group 3 members should have completed all the credits for the 2001-2003 reporting period by December 31, 2003 and returned their C2 forms by March 1, 2004. 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.) The credit requirements for the period are shown below.

• At least 45 total credits of WSBA-approved CLE activities, which must include:
 • A minimum of 30 live credits
 • A minimum of six ethics credits
If you were unable to complete the credit requirements, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org, to discuss options for becoming compliant with MCLE requirements.

Senior Attorneys Discussion Group

Join the Senior Attorneys Discussion Group for stimulating, social, sophisticated sojourns and cookies as our members share travel adventures on Thursday, June 17, and Thursday, July 15, from 4:00 to 5:30 p.m. at the WSBA office at 2101 Fourth Ave., Ste. 400, Seattle. Parking is available on the street nearby ($2 for two hours) or under the building. For more information, please contact Jenny Favell, Ph.D., in the Lawyers' Assistance Program, at 206-727-8267.

CLE Credit for Moot Court Judging Approved by Washington Supreme Court

APR 11 Regulation 103 was amended by the Washington State Supreme Court on March 8, 2004, to authorize up to six CLE general credits per reporting period for judging moot court competitions at ABA-approved law schools, provided that there is an educational component in addition to the judging. In addition, Regulation 104(d)7, which disallowed moot court judging, was deleted by the Court.

Credit will be given for moot court judging that takes place on or after the date the court amended these regulations, provided the content meets the education requirements of the new regulation. No retroactive credit will be given. Members must get appropriate certification from the law school for participation in moot court in order to get credit.

The education component that must be satisfied in the moot court judging needs to be structured into the moot court activity prior to the actual judging. It must consist of establishing a "feedback process" by which the member, as the moot court "judge," gives specific performance feedback to each student participant. The law school can do this by reviewing a written outline for points to be covered by the "judge," by showing a video with this content, or by other appropriate method. Approval of moot court judging for credit will be dependent on a clear exposition in the Form 1 submitted by the law school of the "feedback process" education component and its relationship to the "judging" in the competition to follow. The education component must also be consistent with APR 11 Regulation 104.

Interest in Establishment of New State and Local Tax Section

This notice is posted pursuant to the WSBA Bylaws, Article IX, Sections, regarding a six-month prior notification of intent to establish a new section. There is a current effort to form a State and Local Tax Section. For additional information, please contact John Piper at 206-224-8045.

"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.

Usury Rate

The average coupon equivalent yield from the first auction of 26-week treasury bills in May 2004 was 1.198 percent. The maximum allowable interest rate for June 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 to 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.

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 available at www.wsba.org/lawyers/services/lawyertolawyer.htm.

Upcoming Board of Governors Meetings

June 11 — Yakima
July 30-31 — Coeur d'Alene
September 16-17 — 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.

DRI Establishes $10,000 Diversity Scholarships in Honor of Law Day

DRI, "The Voice of the Defense Bar," announced its first diversity scholarship in honor of Law Day, May 1. DRI, which consists of more than 21,000 members of the nation's foremost defense counsel, will award two $10,000 scholarships to law students of color and females who have completed their second year of studies. The announcement of this nationwide scholarship came just weeks before the nation celebrated the 50th anniversary of Brown v. Board of Education, the U.S. Supreme Court ruling that rejected the concept of "separate but equal" facilities in the nation's public schools.

"Fifty years after Brown v. Board of Education, the legal profession still does not reflect the diverse community it serves," said DRI President Bill Sampson. "It is a serious problem that requires the time, resources, and devotion of the entire legal community. The DRI diversity scholarship aims to be one of many long-term efforts that will help curb this problem.

The scholarship was inspired by DRI past president and WSBA member Sheryl Willert, who in 2003 was the first female and first African-American to lead a defense bar organization. "It is not enough for a small group of minorities to become attorneys. Our nation's justice system depends on creating a new culture within the profession that welcomes and promotes diversity. It is an ambitious goal, but it is the right one," Willert said.

Qualified scholarship applicants must have successfully completed two years of study at an ABA-accredited law school and be a member of an ethnic minority group or a female. Qualified law schools were notified of award criteria application details. For more information, visit www.dri.org.
  
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.

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.

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 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.

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.

Help Educate the Public About the Law

Writing editorials, visiting classrooms, and presiding over mock trials are just a few of the ways lawyers and judges can help the public better understand the legal system. For information about public legal education volunteer opportunities and resources, visit the Volunteering page of the Council on Public Legal Education website at www.wsba.org/ple/speakers. Also, the ABA recently published an excellent booklet, "Educating the Public About the Law," that contains much practical advice about volunteering as a public educator. Download the booklet at www.abanet.org/publiced/volunteer/home.html or e-mail cple@wsba.org for a hard copy.

Notice to WSBA Members on Active Military Duty

At its January meeting, the Board of Governors approved a bylaw amendment that allows all active WSBA members who are on active duty in the military to waive WSBA license fees and remain active members for up to five years. (WSBA members on active duty whose WSBA membership status is anything other than active must still pay the annual WSBA license fees.) If you are currently an active member on active military duty, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.

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