Novmeber 2004

2003-2004 WSBA Committee Reports

Alternative Dispute Resolution

The committee is charged with overseeing the WSBA’s alternative dispute resolution programs that provide arbitration of fee disputes between lawyers and clients, and mediation of any disputes that arise between lawyers and other individuals. These low-cost and voluntary programs are for the benefit of consumers and lawyers. No appointments were made to the ADR Committee for 2004-2005. Instead, a special review committee has been formed to evaluate the programs.

Amicus Curiae Committee

Much of the activity in 2003-2004 involved matters considered by the WSBA Real Property, Probate and Trust Section. One of the cases that came to the committee was deemed appropriate for further consideration and WSBA participation. See In re Estate of Jones (Supreme Court Cause No. 73951-0). In 2004-2005, the committee expects to present to the Board of Governors a minor modification to the committee policy requiring the committee to give notice to the opposing party (or position) of the amicus request, and providing an opportunity to comment to the committee regarding the potential WSBA participation.

Character and Fitness Committee

The committee met five times, hearing a total of 12 matters — 10 were applications to sit for the bar examinations and two were applications for reinstatement by a disbarred attorney. The committee appreciates the ongoing work of the task force assigned to draft a comprehensive set of rules and procedures to assist both the applicants and the committee members in their work. The committee continues to be mindful of the high percentage of applicants who struggle with the effects of drug and alcohol abuse on their lives and the lives of their families and co-workers.

Civil Rights Committee

The committee’s major activities included a resolution in support of including sexual orientation in the state civil rights laws; development of a civil rights pamphlet; creation of a diversity sub-committee; review of the Civil Rights Tax Relief Bill (SB6270); review of the Kanoon South Asian Bar Association pamphlets; plans for a Patriot Act forum; and a decision not to pursue section status at this time. The committee renewed its ongoing recommendation that the Board of Governors authorize it to recommend removal of members with more than three consecutive absences; and that the Board of Governors appoint members with a background and interest in civil rights issues.

CLE Board

This was the second year of the redevelopment of the committee to serve more as an advisory body to the CLE Department. With the goal of establishing the committee as a policy-guidance body for the CLE Department, four standing subcommittees — Quality Control, Technology, Section and External Relations, and Programs — were established to address both current issues as they arise and to assist the CLE Department in the development of long-term policy within the subject area of the subcommittee. A proposal approved by the committee was adopted allowing all law libraries to order twice-yearly a maximum of 25 coursebooks at the discounted price of $25 per book. In addition, the committee began to explore the issues relating to the development of a speaker master file, which will provide a resource to the CLE Department, sections, and program chairs in recruiting qualified speakers for legal education programs being developed.

Committee for Diversity

In October 2003, the committee hosted a joint reception with Seattle University and the University of Washington for minority law students. In February 2004, the committee and the Board of Governors presented a half-day “Celebrating Diversity” listening session and reception for members of the judiciary, law school deans, and minority bar leaders. The committee sponsored its second annual reception for law students enrolled in Seattle University’s Academic Resource Center program in mid-July. In August, three committee representatives and Lawyer Services Director Barbara Harper, staff liaison to the committee, traveled to Gonzaga University Law School to speak to the incoming class.

Editorial Advisory Board

The EAB’s chief goals this year were to provide guidance and assistance to the editor and staff of Bar News in improving its quality. In fall 2003, the EAB recommended a salary increase for Editor Lindsay Thompson, which the Board of Governors approved. The EAB reviewed the 2003 membership survey, which showed an overall favorable opinion of Bar News. In 2003 the EAB recommended that the editor be collaboratively evaluated, and a subcommittee was formed.

Judicial Recommendation Committee

The 2002-2003 revisions to the committee guidelines and procedures were instituted; they are available at www.wsba.org/lawyers/groups/judicialrecommendation. Before the committee conducted any interviews last year, it had the first mandatory committee orientation to provide guidance and training for all members. The committee interviewed 11 candidates and identified a chair for next year, who has since been involved in planning for the year ahead. The committee is having another pre-interview training session, which is mandatory for all new committee participants and suggested for all other committee members. The committee will continue to fine-tune questions asked both in pre-interview telephone inquiries and during interviews.

Lawyers’ Assistance Program Committee

Marketing efforts by the committee came to fruition with the debut of an hour-long ethics CLE presentation, “Listening at the Movies,” at the LAP/LaSD statewide conference, which drew 70 attendees. 2003-2004 LAP peer counselors also trained with LAP clinicians Ellen Begley and Jennifer Favell. LAP continued to successfully reach its lawyer-based constituency through the implementation of two programs — one for judges and another for lawyers diverting from discipline. Committee members will continue scheduling additional CLE “listening” presentations throughout the state in 2004-2005, with the goal of increasing awareness of LAP services and recruiting additional LAP peer counselors.

Lawyers’ Fund for Client Protection Committee

This year the committee reviewed 164 applications concerning 40 lawyers, and approved 84, for a total of $313,721.29. For the full report, see the article in this issue.

Legal Services to the Armed Forces Committee

This was the committee’s last year; however, the work will be continued as a section. The Board of Governors approved section status effective October 1. This past year, the committee planned and produced the 8(g) CLE. The Legal Services to the Armed Forces Section will continue the committee’s work. The comittee liaisoned with ABA LAMP and the branch JAG offices in Washington state.

MCLE Board

During the last year, the MCLE Board’s goals have been to provide high-quality legal education at a reasonable cost to all members, including those who live and practice in remote areas; and to improve on the review and treatment of requests for approvals of course programs, extensions, and waivers which come from CLE providers and members. To that end, the board met six times during this period, and considered the following general topics: in-house CLEs; pro bono CLEs; review process; internal process; notices to members; course auditing; military service exemptions; and moot court.

Professionalism Committee

Among its many activities this year, the committee continued promotion of the Random Acts of Professionalism Program; increased recognition of the importance of mentoring newer lawyers to encourage professionalism; fostered a partnership with LOMAP to promote both mentoring and professionalism; increased collaboration between lawyers and judges to promote professionalism in litigation; and secured a panel on professionalism issues as an agenda item at the next judicial conference. The September CLE seminar was a success; panelists included two Superior Court judges, two WSBA governors, and a prominent litigation attorney. The committee continued its work toward adaptation of the Creed of Professionalism for transactional attorneys.

Pro Bono and Legal Aid Committee

The committee publicized and promoted amendments to RPC 6.1 and proposed revisions to the official comments recommended to the Board of Governors by its Ethics 2003 Committee; completed a draft in forma pauperis rule intended to help minimize the time and effort currently required for pro bono lawyers to obtain a fee waiver on behalf of their pro bono clients and to develop uniformity throughout the state in the application of the fee-waiver process; drafted rules that facilitate pro bono participation; supported amendment of MCLE Reg. 103(g); continued to promote and develop corporate counsel and government attorney involvement in pro bono efforts statewide; increased visibility of Washington state’s pro bono efforts; and explored PBLAC’s role in encouraging the development of access to justice initiatives by every WSBA section and committee.

Public Information and Media Relations Committee

The committee voted to sponsor a Law Week Town Meeting with other WSBA co-sponsors; published in Bar News a letter from the chair urging attorneys to volunteer for Law Week; and surveyed pro bono organizations throughout Washington to obtain information on the scope of WSBA members’ volunteer activities.

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