March 2004

FYI: For Your Information

2004 WSBA Award Nominations Sought
Each year, members of the Washington State Bar Association are asked to identify those members of our profession and the public who deserve the legal profession's recognition and thanks.

Nominations are sought for the following awards:

Award of Merit. First given in 1957, this is the WSBA's highest honor. The Award of Merit is most often given for long-term service to the Bar and/or the public, although it has also been presented in recognition of a single, extraordinary contribution or project. It is awarded to individuals only — both lawyers and nonlawyers.

Professionalism Award. This honor is awarded to a member of the WSBA who exemplifies the spirit of professionalism in the practice of law. "Professionalism" is defined as the pursuit of a learned profession in the spirit of service to the public and in the sharing of values with other members of the profession.

Angelo Petruss Award for Lawyers in Public Service. Named in honor of the late Angelo R. Petruss, a senior assistant attorney general who passed away during his term of service on the WSBA Board of Governors, this award is given to a lawyer in government service who has made a significant contribution to the legal profession, the justice system, and the public.

Outstanding Judge Award. This award is presented for outstanding service to the bench and for special contribution to the legal profession at any level of the court.

Pro Bono Award. This award is presented to a lawyer, nonlawyer, law firm, or local bar association for outstanding efforts in providing pro bono services. This award is based on cumulative efforts, as opposed to a lawyer's or group's pro bono hours or financial contribution.

Courageous Award. This award is presented to a lawyer who has displayed exceptional courage in the face of adversity, thus bringing credit to the legal profession.

Excellence in Diversity Award. This award is made to a lawyer, law firm, or law-related group that has made a significant contribution to diversity in the legal profession's employment of ethnic minorities, women, and disabled persons.

Outstanding Elected Official Award. This award is presented to an elected official for outstanding service, with special contributions to the legal profession. It is awarded to an individual who has demonstrated a commitment to justice beyond the usual call of duty.

Excellence in Legal Journalism Award. This award recognizes that describing the context, facts, and players involved in the legal system with fairness and sensitivity requires intelligence, knowledge, dedication, and skill. This award is given to the journalist and his or her organization that has set the standard for relevance, clarity, accuracy, and understanding in reporting.

Award Presentation: It is important to note that presentation of any WSBA awards is made only when there are truly deserving recipients. Some years, no award is given in some categories.

Nomination Submissions: If you know of someone who fits the criteria set forth above, please visit www.wsba.org/barleadershomepage.htm, and complete and submit the nomination form. Self-nominations will not be accepted. Please note that the completed nomination form must accompany each nomination to be considered.

The deadline for Pro Bono Award nominations is April 16, 2004. The deadline for all other nominations is April 30, 2004.

Please send nominations to: WSBA, Attn: Annual Awards, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330; fax: 206-727-8319; e-mail: oed@wsba.org

The awards will be presented at the WSBA Annual Awards Dinner in Seattle September 16, 2004, with the following exceptions: The Pro Bono Award will be presented at the Access to Justice Conference in Yakima on June 12; and the Outstanding Judge Award will be presented at the Washington Judicial Conference in September.

WSBA Member Honored by American Bar Association for Stellar Career in Law-Related Education
Seattle attorney and educator Margaret Fisher was recognized by the American Bar Association during its 2004 National Law-Related Education Leadership Seminar held in Philadelphia in January. At the meeting, Ms. Fisher was awarded the prestigious Isidore Starr Award for Excellence in Law-Related Education. Mr. Starr, also a Seattle resident, is known nationally as "the father of law-related education." Both Ms. Fisher and Mr. Starr are members of the Council on Public Legal Education, which is housed at the Washington State Bar Association.

Ms. Fisher has worked in the field of law-related education for over 25 years. She has developed nationally used materials, including an award-winning Youth Court Volunteer Training Curriculum and teaching materials for corrections and mental health facilities. In Washington, she serves as the state's Youth for Justice coordinator, teaches Street Law at the Seattle University School of Law, and works on domestic-violence education programs for the Administrative Office of the Courts. Additionally, she has created a model partnership between the Council on Public Legal Education and the Washington Judges Foundation to increase the number of youth courts in the state and involve judges in high-school classrooms as volunteer instructors.

Equal Justice Programs Moving Under One Roof
Three equal justice programs ... one address ... working together to make equal justice a reality: Legal Foundation of Washington; Equal Justice Coalition; and Legal Aid for Washington Fund. The new address as of March 22, 2004, will be: 1325 Fourth Ave., Ste. 1335, Seattle, WA 98101-2509. Phone and fax numbers will remain the same: LFW: Phone: 206-624-2536; fax: 206-382-3396; EJC: Phone: 206-447-8168; fax: 206-382-3396; LAW Fund: Phone: 206-623-5261; fax: 206-623-5701.

2004 License Fee Packets
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 yet received your licensing packet, please call the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA (9722), or e-mail questions@wsba.
org to request a duplicate. Please note that it is your responsibility to pay your annual license fee, regardless of whether you receive the licensing packet. Active members must complete, sign and return a Trust Account Declaration and, if applicable, an MCLE Certification. There are other forms included in the packet that you may wish to complete and return, such as updating your contact information, reporting pro bono hours, and requesting a web link from the WSBA attorney directory to your website (payment required).

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. The white envelope should be used for returning your licensing form (A2) with a check payment. The blue envelope should be used for your licensing form when making a payment by credit card. Also use the blue envelope for mailing the Trust Account Declaration, MCLE Certification, and any voluntary forms.

If you are paying your fees online. To pay your fees online, go to http://pro.wsba.org, click on the "Member" tab, 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 active members must complete and return a Trust Account Declaration and, if applicable, an MCLE Certification. Other forms included in the licensing packet are voluntary and need to be returned only if you need to update contact information, choose to report pro bono hours, or request a link from the WSBA attorney directory to your website (payment required). If you wish to take the Keller deduction, you must mail your payment (check or credit-card information); the online system is not yet able to handle the Keller deduction.

Trust Account Declaration. The Trust Account Declaration included in your licensing packet must be completed by all active members regardless of whether you have a trust account. Failure to file this form can result in disciplinary action.

Payment deadline. Please note that if your payment is postmarked or delivered in person to the WSBA offices later than March 1, 2004, a 20 percent penalty will be assessed. If your payment is postmarked or delivered in person to the WSBA offices after April 1, 2004, a 50 percent penalty will be assessed.

Presuspension notice. A presuspension notice will be sent in mid-March to those members who have not paid their 2004 license fees. If you receive a presuspension notice and have already sent in your payment, you can verify receipt by the WSBA 10 days after you sent the payment. You can check online at http://pro.wsba.org or contact the WSBA Service Center at 206-443-WSBA (9722), 800-945-WSBA (9722), or questions@wsba.org.

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 presuspension notice, the WSBA Bylaws require the Washington State Bar to certify the delinquency to the Supreme Court, which will enter an Order of Suspension from the practice of law.

Contact information. Now is the ideal time to check that the WSBA has your correct contact information in its database. APR 13.b states address updates shall be provided to the WSBA within 10 days after the change. You can go to the online lawyer directory on the WSBA website at http://pro.wsba.org to check your listing. If your contact information has changed, please complete and return the Contact Information Change form included in the licensing packet to the address shown on the form or by fax to 206-727-8319, or e-mail the changes to questions@wsba.org.

More information. For more information, see the WSBA website at www.wsba.org/lawyers/licensing/annuallicensing.htm. The WSBA Service Center is also available to assist you Monday through Friday, 8 a.m. to 5 p.m., at 800-945-WSBA (9722), 206-443-WSBA (9722), or by e-mail at questions@wsba.org. 

Lawyers' Assistance Program (LAP) WSBA Senior Lawyers Group Meetings
Please join us for stimulating discussions, enrichment, and social activities in community with other attorneys of a certain age. There is no cost. We meet the third Thursday of every month from 4-5:30 p.m. at a WSBA 4th-floor conference room, 2101 Fourth Ave. (Belltown area) in Seattle. The group is friendly and informal, led by LAP staff member Jennifer Favell, Ph.D. Our schedule for the next four months is:

•  March 18: Book discussion, a little bit different
•  April 15: Share a travel adventure (slides, photos, maps, scrapbooks, foods)
•  May 20: Fun and healthy take-er-easy fitness (led by Swedish Medical Center pros)
•  June 17: "Writing your way in; drawing your way out" (led by a retired Shoreline Community College professor)

Please join us! For further information, contact Jennifer Favell, 206-727-8267, or just show up.

MCLE Certification for Group 3 (2001-2003) — Automatic Extensions to Complete Credits Given Until May 1, 2004
MCLE Reporting Group 3 members should have completed all the credits for the 2001-2003 reporting period by December 31, 2003. Members in Group 3 include active members 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.) The credit requirements for the period are: At least 45 total credits of WSBA approved CLE activities, which must include a minimum of 30 live credits and a minimum six ethics credits. If you were unable to complete the credit requirements by December 31, 2003, 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, 2003, and/or if you do not return your C2 affidavit by March 1, 2004 (the end of the grace period allowed after the February 1 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 reporting requirements on time. 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 side of your C2 affidavit. You must list any additional WSBA-approved courses you have taken. (Course pre-approval for WSBA continuing legal education certification is an APR 11 regulation.) Be sure to include the WSBA Activity ID number for each course you list. In addition, be sure to write the date(s) on the C2 affidavit that you listened to or viewed audio/visual courses, as well as the original recording date.

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 about the MCLE system or MCLE requirements, or if you need a C2 affidavit, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.

MCLE System Enhancements Improve Member Service
Enhancements were made to the MCLE system in December, 2003 to make the system easier to use and to provide more information about a member's compliance status. Some of the new features include the following:

• You can view the date that your C2 affidavit was received at the WSBA.
• Your roster now shows the total ethics credits (live and A/V) earned to date and the total general credits earned.
• You can add courses to be taken in the future to your roster. Each future-dated course will be added with no credits. After the course has been completed, you can edit the credits to show the number of credits earned.
  ° Credits are counted by the amount of time present for course instruction. Breaks do not count in the calculation of credits.
  ° Most sponsors submit attendance for members, so you usually only need to submit a Form 1 for more specialized, nonlocal courses.
• The system will catch duplicate course entries in your roster. This feature ensures that your course listings and total credits are correctly reported.
• You can record the date(s) that each audio-visual program was viewed or listened to.
• There is an updated and improved online help file. You can access it from your MCLE system homepage in the "Help" section by clicking "View online help."

These are just some of the new features. Watch for more improvements to be added in the coming months.

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 that 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.

Notice to WSBA Members on Active Military Duty
At its January 2004 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.

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 on changing your status, please contact Sharlene Steele, WSBA access to justice liaison, at 206-727-8262 or sharlene@wsba.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.

"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.

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).

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.

ABA Techshow
The ABA Techshow will be held March 25-27 at the Sheraton Chicago Hotel and Towers. For more information, call 800-285-2221, or see www.abanet.org/techshow.

Upcoming Board of Governors Meetings
April 2-3 — Seattle (Southcenter)
May 14-15 — Ocean Shores
June 11 — Yakima

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 February 2004 was 1.023 percent. The maximum allowable interest rate for March 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.

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.

Resources on Sale for Half Price
The 2003-2004 Resources membership directory is now on sale for half price: $9.00 — WSBA members ($9.79 in WA) and $18.00 — 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.

WSBA CLE's Newest Feature Launched on the WSBA Online Store
Check out the new link on the WSBA Online Store homepage (http://store.yahoo.com/wsbastore): WSBA-CLE's Featured Product of the Month. Each month, a newly published audio seminar and coursebook or solo coursebook will be selected for special promotion at a discount of 20 percent off the regular price. Be sure to visit the online seminar calendar at www.wsba.org/cle/seminars to view all upcoming live seminars, too.

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. A toll-free number may be listed in addition to a general number. If you wish to be listed under more than one category, the cost is $35 for each listing.

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 March 5 to Washington State Bar Association, Resources Yellow Pages, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330.

For more information, contact Kathy Henning at 206-733-5932 or kathyh@wsba.org.

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