April 2005

The Board’s Work

by Lindsay Thompson

Seattle, February 18, 2005; March 11, 2005

So, here’s a bargain for you: two BOG meetings in one report! With tort reform aboil in Olympia, the BOG laid on an extra meeting in case there were things that needed to be responded to, positions to be taken, or stuff to be addressed.

The February 18 meeting began with President Ron Ward describing a meeting he had had with Governor Christine Gregoire the day before. He lobbied for the court funding legislation pending in the Legislature, and the governor reiterated her position that she’s not keen on any measures to raise taxes.

David Swartling, who chairs the Court Rules and Procedures Committee, brought a proposed amendment of Civil Rule 23 to the Board. The amendment would divert 25 percent of unclaimed monies in class-action suits to legal-services organizations. Swartling reported there is a broad agreement on the wording of the rule and the idea of putting class-action residuals to a good use. The motion passed unanimously and will go to the Supreme Court for action.

WSBA Legislative Director Gail Stone told the Board that all WSBA section bills were moving along nicely in the Legislature; that the court-funding package (which includes — just to review — money for court operations, indigent criminal defense, and legal services) has support but is hobbled by the budget deficit; that there will be two tort-reform initiatives on the ballot, and that legislators are trying to come up with a compromise bill they can enact before then.

A former WSBA member who claims a trademark and copyright on his name has been sending bills for gazillions of dollars to WSBA staff and some governors for publishing his name, filing UCC registrations, then forgiving them, and mailing out IRS Form 1099s to his beneficiaries (imagine figuring the tax on several trillion dollars in miscellaneous income). The Board continues to be perplexed, and discussed some options for trying to get the game drawn to a close.

A Loan Repayment Advisory Board, constituted to work on a way for new lawyers to get some debt relief, gained two new members. Dwight Williams, who led the task force that recommended creating the program, will chair the advisory board; lawyer Susan Hoffman was appointed to serve on it.

Treasurer Joni Kerr updated the BOG on budget matters, which all seem to be ticking along nicely. They decided to continue funding the WSBA Alternative Dispute Resolution Program, but will take another look at it in the next budget cycle. The Board also declined a request of an out-of-state judge who’s a WSBA member to be granted Washington judge status in WSBA.

Governors Mark Johnson and Mike Pontarolo brought the Board a recommendation to choose an insurance brokerage company called Bertholon-Rowland Corp. to act as the broker for the WSBA-sponsored professional liability insurance program; the Board liked the idea, and approved it. On another front, former BOG member Carl Carlson recommended that WSBA endorse the American Bar Association retirement program, which has a solid record and is good for serving smaller firms and solo lawyers without lots of recordkeeping and fees. That sailed through, and more information will be coming about that.

ABA delegate Paula Boggs gave the Board a report on things going on in that group at their midyear meeting in Salt Lake City. King County Bar Association President John Cary talked with the Board about that group’s multiyear study of state drug laws, which, they conclude, don’t work very well and need fixing. He asked the Board to support a resolution asking the Legislature to form a panel of experts to make recommendations on changes. There was some discussion about whether endorsing the plan is within the scope of General Rule 12 (which defines what WSBA can and can’t take positions on), and decided to circulate it to members and see what they think.

And that was what they did in February.

Came March 11, and the Board convened at the WSBA offices. Legislative Director Gail Stone told the Board the deadline for each house voting bills out to the other side of the Legislature was fast approaching. All WSBA’s sponsored bills are in good shape, and the court-funding package still faces the problem of the budget deficit. Tort reform is still the subject of machinations. In the meantime, some legislators are passing the time by floating bills to drop the size of the state Statute Law Committee, reducing WSBA appointments to it from five to one. There was some discussion of what to do about this, because two current members of the committee, John Schultz and John Strait, weren’t seeing new terms. Executive Director Jan Michels thought the best bet was to take it on a business-as-usual basis since any change on the size of the body wouldn’t take effect until midsummer, and if the Legislature did decide to shrink it, they’d presumably write in how to do it. So the Board appointed Joseph Panesko and Joan Mell.

Treasurer Joni Kerr updated the financial report (yes, I know this begins to read like I’m retyping the report of the first meeting). This time she added that the Budget and Audit Committee is starting on the process of figuring out what license fees should be starting in 2007. There was some discussion about seeing if any programs could be wound down, or other efficiencies realized, to keep any increases to a minimum.

After lunch, the Practice of Law Board arrived more or less en masse. Chair Steve Crossland and Vice Chair Paul Bastine shared with the Board (which is addressing concerns about unauthorized practice of law by developing a regulatory framework for nonlawyers and more practical ways to define what UPL is so it can be prosecuted) unveiled their work in progress. It’s a draft rule to create, license, and regulate “legal technicians” in various fields of law. They’d be allowed to work in form-driven fields where there’s a demonstrable need. The Board plans public hearings on the matter in Spokane and Seattle in April and May. They’re also shopping it around the WSBA sections for input, meeting with local bar associations, and they’re planning a session at the June Bar Leaders Conference.

The Board’s response was a collective intake of breath. This is a potentially big idea, several commented, with all kinds of intriguing possibilities, and all kinds of downsides as well. The discussion that followed was mainly one of questions and initial reactions by Board members. As a Big Idea, there was a lot to try and get a grip on. After 90 minutes they decided to take it up again in July. It’s not an idea that will be rushed along.

After that presentation came another:  Disciplinary Counsel Joy McLean, and Jennifer Favell and Pete Roberts of the LAP and LOMAP offices, briefed the Board on WSBA’s diversion program, under which some lawyers can avoid formal disciplinary proceedings. It’s an interesting, and apparently successful, project. See the Executive’s Report of this issue for more details.

The Board adjourned at 4, then repaired to a reception for former BOG members at which a Local Hero Award was presented. There’s more about that in the FYI section.

And that’s it. I’m outta here.

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