April 2005

FYI: For Your Information

MCLE Certification News for Group 1 (2002-2004) — Automatic Extensions to May 1, 2005 — Late Fee Due

MCLE Reporting Group 1 members should have completed all the credits for the 2002-2004 reporting period by December 31, 2004. Members in Group 1 include active members who were admitted to the WSBA in all years through 1975 or in 1991, 1994, 1997, or 2000. Members admitted in 2003 are also in Group 1 but are not due to report until the end of 2007. Their first reporting period will be 2005-2007, but any credits earned on or after the day admitted to the WSBA may be counted for compliance.

The credit requirements for members who were active for all three years of the 2002-2004 reporting period are at least 45 total credits of WSBA-approved CLE activities, which must include a minimum of 30 live credits and a minimum of six ethics credits. If you were unable to complete the credit requirements by December 31, you have an automatic extension until May 1, 2005. You do not need to apply for this extension. However, you should still return your C2 form, ensuring that all the courses you have taken to date are listed. When you have completed the rest of your credits needed for compliance, list them on a Supplemental Affidavit (available from the WSBA Service Center (see below)).

If you did not meet the MCLE credit requirement by December 31 and/or did not return your C2 affidavit by March 1 (the end of the grace period allowed after the February 1 due date), you will be assessed a late fee. The late fee is $150 for the first reporting period in which you have not met the MCLE credit or 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 printed on the back side of your C2 affidavit. You must list any additional WSBA-approved courses you have taken. (APR 11 regulations stipulate that a course must be approved by the WSBA before it can be applied toward your MCLE credit requirement.) Include the WSBA activity ID number for each course you list. For audio/visual courses, list the date you viewed or listened to the course, as well as the original recording date.

You can look up an activity ID number or apply for course approval online at http://pro.wsba.org. Click on “Member” and then select “Member Login.” If it is your first time logging on, use your Bar number as your password. The online instructions will lead you through the process of creating a new password, to protect your records, and using the system.

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

MCLE Certification News for Group 1 (2002-2004) — C2 Processing Update

This year the WSBA will be processing more than 7,000 C2 forms from Group 1 members. You can confirm that the WSBA received your C2 form by checking for a date next to the “C2 Date Received” box just below the course roster on your online profile at http://pro.wsba.org.

It will take the WSBA another few months to finish processing all the 2002-2004 C2 forms and confirm compliance. Consequently, even after the WSBA receives your C2 form, you may continue to see “No” in the “C2 Data Complete” box and your profile marked as noncompliant. There should be no cause for alarm, as this simply means that your C2 form has not yet been processed. If the WSBA needs any further information or action from you in order to certify compliance, you will be contacted by letter. Every member will be given ample opportunity to take the corrective action needed to become compliant before any further action is taken.

If your C2 form shows that you have met your credit requirement, MCLE staff will not add individual courses to your roster. Instead, special summary Form 1’s will be used to add credits that you have listed on your C2 form to your online roster. If you report more than 60 credits, only the first 60 will be added to your roster. This includes the 45 minimum credits required for compliance, plus up to 15 carry-over credits (of which a maximum of two credits can be ethics and five can be audio/visual).

2005 License Fee Payment Deadline and Suspension Information

2005 License Fee Payment Deadline. If you have not yet paid your 2005 license fee, it is now due. A 50 percent late fee must also be paid. The late fee increases from 20 percent to 50 percent on April 2.

Presuspension Notice. A presuspension notice was sent in mid-March to those members who had not paid their 2005 license fees. If you have paid your license fees, you can confirm receipt by the WSBA 10 days after you sent your payment by checking online at http://pro.wsba.org, or by contacting the WSBA Service Center at 206-443-WSBA, 800-945-WSBA, or questions@wsba.org.

Important Note about Unpaid License 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 pre-suspension notice, the WSBA Bylaws require the WSBA to certify the delinquency to the Supreme Court, which will enter an Order of Suspension from the practice of law.

License Packets. Licensing packets were mailed in December 2004. The packet included your license-fee invoice, trust-account-declaration form and, if applicable, the MCLE certification form. If you have not received your licensing packet by now, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, 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 may be other forms included in the packet that you wish to complete and return, such as updating your contact information, reporting pro bono hours, completing the demographic information, 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 “Member,” and sign in with your WSBA Bar number and password. Prompts will lead you through the process to pay your 2005 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. The packet includes other voluntary forms you may want to complete and return. If you wish to take the Keller deduction, you will need to mail your check or credit-card payment.

Trust Account Declaration. The Trust Account Declaration included in your licensing packet must be completed by all active members regardless of whether or not you have a trust account. Failure to file this form can result in disciplinary action.

Software Conversion. In late summer 2004, the WSBA underwent a software conversion of the membership database. It is possible that not all information converted correctly. If you feel the amount or any other information showing on your licensing form (A2) is not correct, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org.

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 inactive or emeritus must still pay the annual WSBA license fee.) 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.

Contact Information. 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 license packet to the address shown on the form, or by fax to 206-727-8319, or by e-mail to questions@wsba.org.

More Information. For more information, please 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, 8:00 a.m. to 5:00 p.m., at 800-945-WSBA, 206-443-WSBA, or e-mail questions@wsba.org.

Seattle Firm Bendich, Stobaugh and Strong, P.C. Receives WSBA’s Local Hero Award

At a reception for Board of Governors Alumni and WSBA directors on March 11, David F. Stobaugh and Stephen K. Strong, and the Seattle law firm of Bendich, Stobaugh and Strong, P.C., received the WSBA’s Local Hero Award for their outstanding pro bono work on securing the passage of provisions outlawing the double taxation of attorney awards in employment discrimination, civil rights, and other aspects of cases involving employment relations; as well as for their work on a WSBA-sponsored bill to amend the Washington Attorney Lien statute to give lawyers a property interest in attorney fees. The Local Hero Award is presented to lawyers, judges, or groups who have made noteworthy contributions to their communities. WSBA President Ronald R. Ward presented the award to David Stobaugh and Stephen Strong.

The law firm of Bendich, Stobaugh and Strong, P.C., led by David Stobaugh and Stephen Strong, was instrumental, through extensive lobbying and financial support, in making it possible for a provision of the Civil Rights Tax Relief Act (CRTRA) barring the double taxation of attorneys’ fees to become law on October 22, 2004, as part of the American Jobs Creation Act of 2004. “The CRTRA is one of the most significant pieces of civil rights legislation in almost a decade,” wrote Janet E. Hill, President of the National Employment Lawyers Association (NELA), of which Bendich, Stobaugh and Strong, P.C. is a member firm. “Under the new law, individuals who are successful in employment discrimination and other workplace-related cases may now take a full deduction on their federal income tax returns for the attorneys’ fees and costs they incur in vindicating their rights.” Prior to the enactment of this new legislation, the Internal Revenue Service taxed those individuals both on the amount that they had received as compensation for unlawful discrimination, and on the fees paid to their attorneys. As a result, it was possible for their tax bills to surpass their award.

List Yourself in the Online ADR Provider Directory

Sponsored by the WSBA Dispute Resolution Section, the ADR Provider Directory is an online attorney and citizen resource for locating appropriate alternative dispute resolution service providers. If you are a provider, don’t miss the opportunity to be listed for the current year. The directory subscription year is January 1 to December 31, and fees are not prorated. The annual listing fee is $50 for members of the WSBA Dispute Resolution Section and $75 for non-members. To register online, go to www.adr-wa.com/directoryRegister-drPro.cfm.

2005 Bar Leaders and Access to Justice Conference

The 10th annual Access to Justice Conference will be held in conjunction with the WSBA Bar Leaders Conference June 3-5, 2005, at the DoubleTree Hotel in Bellevue. Registration brochures will be mailed this month. 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).

Save the Date — May 20, 2005 — 2:00 p.m. to 5:30 p.m.

A celebration of the adoption of the Access to Justice Technology Principles (a/k/a The Access to Justice Technology Bill of Rights) by the Washington State Supreme Court and a celebration of all who participated and contributed to this historical step forward in the never-ending effort for equal justice for all at Seattle University School of Law. More information will be coming. Questions? Contact James Kim at 206-239-2118 or jamesk@wsba.org.

Seattle’s Union Gospel Mission Legal Services’ Fundraiser Event: Takin’ It to the Street

Seattle’s Union Gospel Mission Legal Services’ fundraiser event, “Takin’ It to the Street,” will be held Friday, April 29, 2005, 7:00-8:30 a.m. at the Washington Athletic Club, 1325 Sixth Ave., Seattle. The speaker will be Kenneth W. Starr, and the musical guest will be the Total Experience Gospel Choir. Cost is $20 per person, or $200 for a table of 10. For more information, contact Esther Park at 206-682-4642 or epark@ugm.org.

19th Annual Goldmark Award Luncheon Honors Ada Shen-Jaffe

The Legal Foundation of Washington celebrated its 20th anniversary and presented the Charles A. Goldmark Award for Distinguished Service to Ada Shen-Jaffe in recognition of her leadership in the equal justice community, both in the state of Washington and nationally. Shen-Jaffe has played a key role in the architecture and strategy of civil legal justice since 1981, when she became deputy director of Evergreen Legal Services, which later became Columbia Legal Services, where she served as director for the last 18 years. William H. Gates Sr. presented the award to Shen-Jaffe. Joaquin Avila, assistant professor of law at Seattle University School of Law, MacArthur fellow, and noted authority on minority voting rights issues, gave the keynote address.

The Legal Foundation of Washington is a nonprofit organization that has distributed over $76 million for legal aid to the poor since 1985.

Lawyers’ Assistance Program Peer Counselor Statewide Network

The Lawyers’ Assistance Program Peer Counselor Statewide Network is a network of attorneys who volunteer support to others who need someone to listen when times are tough. These volunteer lawyers are not professional mental-health counselors, but do receive training at the network’s statewide conference in April and regional trainings throughout the year. These lawyers seek to expand the diversity they represent and offer to WSBA members. Would you have time and interest in listening, recognizing when a peer needs referral for additional support, attending a training, educating the legal community about the healthy practice of law, and giving of yourself as your time allows? Please call Jenny Favell, Ph.D., 206-727-8267.

Seattle University School of Law — Tausend Competition Winners

The Fredric C. Tausend Moot Court Competition is an appellate-level competition for second-year law students and is based on the fall semester Legal Writing II problem. All students receiving a B+ or higher on the Legal Writing II brief are eligible to compete. The top competitors advance to represent Seattle University at the National Moot Court Competition in the fall.

This year, 175 students took the class, 60 made a B+ or higher, and 45 competed. Oral argument rounds are used to reduce the 45 to eight finalists, then eight to four, and then the final two winners are selected. Judges Tallman, Fletcher, and Jones adjudicated the final round, naming Pamela Casey and Stephanie Nichols as co-winners of the competition.

Pamela Casey is a member of the National Environmental Appellate Team and the ATLA Mock Trial Team that represented SU this year at national and regional competitions. Pamela is also a law clerk with Walthew, Warner, Thompson, Eagan, Kindred & Costello.

Stephanie Ni-chols is involved in the following associations through the SU law school: co-president of the Native American Law Student Association, fellowship with Center on Corporations, Law and Society clerkship with Northwest Intertribal Court System, and teacher’s assistant.

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.

Job Seekers Discussion Group

Looking for a job or making a transition? Join us at the Job Seekers Discussion Group the second Wednesday of each month from noon to 1:30 p.m. Starting April 13, we’ll be discussing where to look for jobs; how to use your network of contacts, strategies for résumés and cover letters; and how to keep yourself organized and motivated. Exchange information and ideas with other lawyers looking to make a change. For more information contact Rebecca Nerison, Ph.D., at 206-727-8269 or rebeccan@wsba.org.

LAP Offered to 3-L Law Students

LAP also offers long- and short-term psychotherapy for depression, addiction, family, relationship, health, and other mental and emotional problems to 3-L students attending the University of Washington and Seattle University Schools of Law.

The cost of ongoing counseling for law students is based on a sliding-fee scale from $0 to $30, determined by the student’s ability to pay. For information about the Lawyers’ Assistance Program, call 206-727-8268 or visit www.wsba.org/lawyers/services/lap.htm.

Contract Attorney Discussion Group

Join the Contract Attorney Discussion Group every first Tuesday of the month from noon to 1:30 p.m. at the WSBA office. Bring a lunch and meet colleagues as your contract-attorney issues of concern are addressed. Contact Pete Roberts at 206-727-8237 or peter@wsba.org.

Access to Justice Technology Principles

On December 3, 2004, the Washington State Supreme Court signed and entered an order adopting the Access to Justice Technology Principles. For more information, visit the project website at www.atjtechbillofrights.org. Also, in January 2004 there was a symposium/conference that focused on technology, values, and the justice system that the Access to Justice Technology Bill of Rights Initiative presented and hosted. View the website at www.ischool.washington.edu/lawsymposium.

If you have any questions on the court order, ATJ Technology Principles, or the symposium, contact James Kim at jamesk@wsba.org or 206-239-2118.

Computer Clinic

WSBA offers a hands-on Computer Clinic for members wishing to learn more about what Microsoft Office programs such as Outlook, PowerPoint, Excel, and Word, as well as Adobe Acrobat 6.0, can do for a lawyer. Are you a total beginner? No problem. Don’t hesitate to try a clinic for help that you can use immediately in your practice. Computers are provided for your use, and seating is limited to 20 members. There is no charge, and no CLE credits are offered. The time is 10 a.m. to noon on Monday, April 11, and Monday, May 9, at the WSBA. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org

Usury Rate

The average coupon equivalent yield from the first auction of 26-week treasury bills in March 2005 was 3.021 percent. The maximum allowable interest rate for April 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.

Upcoming Board of Governors Meetings

April 22-23 — Spokane
June 3 — Bellevue
July 29-30 — Bellingham

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.

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 for 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, 8:00 a.m. to 5:00 p.m.

Visit the WSBA Online Store

Go to www.wsba.org and click “WSBA Store” in the left navigation bar to purchase Cutter & Buck polo shirts, twill baseball caps, ballpoint pens, and brass luggage tags, all sporting the WSBA logo. The store offers secure online credit-card ordering. You can also purchase logo merchandise by calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. Items available include: 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.

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