March 2004

Addressing a Troubling Increase in Attorney Requests to the MCLE Board

by Terri W. Malolepsy

I have recently retired from two three-year terms on the Mandatory CLE  (MCLE) Board for the Washington State Bar Association. Serving on the board for six years has given me the opportunity to work with many dedicated people, and has especially given me a greater appreciation for how hard the staff at the WSBA works to the Bar's benefit. My experience has also raised some serious concerns in my own mind about the professional and personal stresses that face so many members of our Bar. The MCLE Board has asked me to express those concerns to the members on their behalf.

The problem 
The MCLE Board meets periodically to review requests by attorneys regarding compliance with the MCLE regulations. In 2003, the MCLE Board saw a staggering increase in attorney requests for CLE exemptions of varying types, waivers of fees, and other policy questions directed to the board. For example, in 2002, the board had five board meetings that each lasted approximately four hours, while in 2003, we had eight board meetings, each lasting approximately six hours! The increase in number and length of MCLE Board meetings reflects the huge increase in attorney requests to the board.

This increase in numbers of Bar members contacting the MCLE Board regarding their inability to timely meet the CLE requirements or to pay the fees connected with late reporting has been of great concern to the MCLE Board. It indicates to the board that more and more Bar members are having increasing difficulty in maintaining the minimum MCLE requirements to keep their licenses to practice law active, and many appear to be in trouble professionally and/or personally.

The board has learned from hundreds of letters that a large number of Bar members are out of work, or having trouble finding work, are working part-time, are sick, or are taking care of sick spouses and elderly parents or children. These stresses appear to be affecting our ability to give our best representation to our clients. The board is concerned that members of the Bar do not know where to go for help and are not aware that the Bar has resources that can offer help to them.

In response to these concerns, the board met with Barbara Harper, director of the Lawyer Services Department, and Pete Roberts, from the Law Office Management Assistance Program. The board discussed with them ways in which it could respond to those Bar members who might need help without compromising the attorneys' confidentiality.
 
The WSBA offers help
We learned from them that help is available. The Lawyers' Assistance Program and the Law Office Management Assistance Program, through the Lawyer Services Department, offer individual counseling, drug and alcohol counseling, law-office management, fee arbitration, mediation services, and ethics hotline consultations. The services are provided on a sliding fee schedule that ranges from free to $99 per hour. No lawyer will be turned away for inability to pay. Confidentiality is strictly maintained.

Because all information that is reviewed by the MCLE Board is confidential, the board cannot refer members directly to the Lawyer Services Department; however, the board has decided to send all members who have contacted the MCLE Board regarding their MCLE compliance an informational letter regarding the services that are available through the WSBA Lawyer Services Department.

The board also recognizes that in today's difficult economic climate, some members are having trouble paying for CLE credits. The MCLE Board is committed to providing members with as much information as possible regarding low-cost or no-cost CLE opportunities, and is exploring ways with the WSBA CLE Department to develop such a list.

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Terri W. Malolepsy is an assistant attorney general for the Washington Attorney General's Office. She can be reached at terrim@atg.wa.gov.

Contact the Law Office Management Assistance Program (LOMAP) at 206-727-8237 or peter@wsba.org. The Lawyers' Assistance Program (LAP) can be reached at 206-727-8268. All calls are confidential.