September 2005
FYI
Legal Foundation of Washington Seeks Board of Trustees Members
Application deadline: November 1, 2005
The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving a two-year term on the Legal Foundation of Washington Board of Trustees (two positions). Incumbents are eligible for reappointment (up to two consecutive terms) and must submit a letter of interest and résumé. The Legal Foundation of Washington is a private, not-for-profit organization that promotes equal justice for low-income people through the administration of IOLTA and other funds. Trustees should have a demonstrated commitment to, and knowledge of, the need for legal services and how these services are provided in Washington. For more information, e-mail bcclark@legalfoundation.org. Please submit letters of interest and résumés to Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail. barleaders@wsba.org
Northwest Justice Project Seeks Board of Directors Members
Application Deadline: November 1, 2005
The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving a three-year terms on the Northwest Justice Project Board of Directors (two positions). The three-year term will begin on January 1, 2006. A letter of interest and résumé are required for incumbents seeking reappointment. The Northwest Justice Project is a not-for-profit organization, which receives primary funding from the state and through the federal Legal Services Corporation to provide civil legal services to low-income people. Board members, who play an active role in setting program policy and assuring adequate oversight of program operations, must have a demonstrated interest in, and knowledge of, the delivery of high-quality civil legal services to the poor. For more information e-mail mac@nwjustice.org. Please submit letters of interest and résumés to Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail barleaders@wsba.org.
MCLE Certification for Active Members
Due Date for MCLE Reporting
WSBA members are divided into three MCLE reporting groups based on year of admission. (Newly admitted members are exempt. See "Newly Admitted Members" below).
Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, 2003, or 2006
Group 2: Admitted in 1976 through 1983, 1992, 1995, 1998, 2001, or 2004
Group 3: Admitted in 1984 through 1990, 1993, 1996, 1999, 2002, or 2005
Credit Requirements
The following credit requirements must be met by December 31 of the last year of an active member's reporting period:
• At least 45 total credits of WSBA-approved CLE activities must be taken, which need to include a minimum of 30 live credits and six ethics credits.
• A/V courses cannot be more than five years old, except approved "skills based" courses.
• Six pro bono credits can be earned per year. Two of these credits are for approved annual training, which must be taken prior to being able to earn credit for the pro bono work. Four pro bono credits may be earned each year if at least four hours of pro bono work was provided through a qualified legal services provider.
Carry-over CLE Credits
Carry-over credits from the previous reporting period may be used to meet the requirements of the current reporting period. If your current reporting period credits total exceeds 45, you may carry over a maximum combined total of 15 credits to your next reporting period. Only two ethics credits and five A/V credits may be carried over.
C2 Reporting Requirement
All active members due to report are required to file a Continuing Legal Education Certification (C2) form with all CLE courses taken for credit compliance. The deadline for filing your C2 form is February 1 of the year following the end of your reporting period. Note:
• Your online roster is not a substitute for filing the C2 form.
• The C2 form is an affidavit and must be signed and dated, and the city and state where signed must be identified.
• C2 forms are included in the license packets sent in early December to all members due to report (which will be Group 2 members this year).
• All CLE courses listed on member rosters as of October 1 will be printed on the back of the C2 form. If you took more CLE courses after October 1, and they appear on your online roster, and you do not want to hand-write them on the back of the C2 form, you may print a copy of your roster and attach it to your C2 form. State on your C2 form that the attached online roster printout is a true and correct statement of the CLE courses taken for credit compliance.
MCLE Late Fees
All active members who have not completed their credits by December 31 of the last year of their reporting period, or who submit their C2 reporting forms after March 1 of the following year (the end of the grace period after the February 1 deadline), must pay a late fee of $150. The late fee increases by $300 for each consecutive three-year reporting period of noncompliance.
Newly Admitted Members
If you are a newly admitted member, you are exempt from reporting CLE credits for the year of your admission and the following calendar year. If you were admitted in 2004, you will not report for this reporting period (2003-2005) even though you are in Group 2. You will first report at the end of the 2006-2008 reporting period. When you report at the end of your first reporting period, you may claim all CLE credits earned on or after your date of admission to the WSBA.
MCLE Comity
If you are an active member of the WSBA and your principle office for the practice of law is in Oregon, Idaho, or Utah, you may meet your Washington mandatory CLE requirements by providing proof of current MCLE compliance from the Oregon, Idaho, or Utah state bars. Only a Certificate of MCLE Compliance from your state bar (not a "Certificate of Good Standing"), sent with your WSBA C2 form, will satisfy your MCLE requirements in Washington.
MCLE System – Course Listing and Member Profiles
Members may use the online MCLE system at www.pro.wsba.org to:
• Review courses taken and credits earned
• Apply for course approval
• Apply for writing credit, pro bono credit, or prep-time credit
• Search for approved courses being offered
To use the MCLE system, go to www.pro.wsba.org, click on the "Member" tab, then select "Member Login." The online instructions will lead you through the process of creating a confidential password and using the system. Online help is available. If you have any questions about using the MCLE system or about the MCLE compliance requirements, see the online FAQs at www.wsba.org/lawyers/licensing/faq-mcle.htm, call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail us at questions@wsba.org.
WSBA Court Rules and Procedures Committee 2005-2006 Agenda
When it reconvenes in October, the WSBA Court Rules and Procedures Committee is scheduled to review the Criminal Rules for Superior Court (CrR) and the Criminal Rules for Courts of Limited Jurisdiction (CrRLJ). The committee also expects to review the General Rules (GR); as well as individual Civil Rules (CR) (including CR 45); Mandatory Arbitration Rules (MAR); Rules of Appellate Procedure (RAP); and Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ). Please send any suggestions for adoption, amendment, or repeal of a court rule to the Washington State Supreme Court, Temple of Justice, PO Box 40929, Olympia, WA 98504-9029; or e-mail Lisa Bausch at Lisa.Bausch@courts.wa.gov. Questions about the work of the committee should be directed to Douglas Ende at 206-733-5917 or WSBACourtRules@wsba.org. Interested individuals and organizations are encouraged to participate in the work of the committee.
WSBA Leadership Institute Seeks Fellows for 2006
The WSBA seeks applicants for the WSBA Leadership Institute. The WSBA recognizes that many lawyers — particularly those of color, women, and those from traditionally underrepresented groups — have not been recruited for leadership positions or made aware of opportunities for skill development, professional growth, and leadership training that are available through the WSBA.
The mission of the WSBA Leadership Institute is to recruit, train, and retain Washington attorneys who have been admitted for 10 years or less for leadership positions in the legal community and in the WSBA, with an emphasis on racial, ethnic, gender, sexual orientation, disability, cultural, and geographic diversity. 2006 will be the Institute's second year of operation.
Approximately 10 fellows will be carefully selected for the 2006 program, which will take place January through August 2006. Fellows will devote approximately 70 hours to the program, which includes professional-development seminars (on topics such as the logistics of legal practice, the judiciary, public- versus private-sector employment, and the legislative process) and participation in a group community-service project. Fellows will earn 30 CLE credits. There will be no charge to participants.
Applications will be accepted until November 1, 2005. Further information, including application forms and instructions, is available on the WSBA website at www.wsba.org/lawyers/leadership_institute.htm.
The WSBA Leadership Institute just received the ABA's Partnership Award, a prestigious award that recognizes efforts by bar associations to increase diversity in the legal profession.
Enhance Your Relationship
The WSBA's Lawyers' Assistance Program will sponsor a Prevention and Relationship Enhancement Program (PREP), a series of relationship skill-building seminars for attorneys and their spouses or partners. The PREP seminars will to be held at the WSBA on October 22 from noon to 6 p.m., October 29 from 1 to 4 p.m., and November 5 from 1 to 4 p.m. The PREP is based on decades of research on relationships. Couples who have taken PREP seminars have a 30 to 50 percent reduction in separation and divorce. Couples learn how to communicate more effectively, understand and solve problems, and deepen their connection to each other. APR 19(2) assures confidentiality. The cost of the PREP is $450. The registration deadline is October 7, 2005, and space is available for 15 couples. For more information, contact Jenny Favell, Ph.D., at 206-727-8267.
Address/Contact Information Update
Now is the ideal time to check that the WSBA has your correct contact information for the 2006 license fee renewal packets scheduled to be mailed in early December. APR 13(b) requires all attorneys to update their office addresses and telephone numbers within 10 days of a change. APR 13(c), which goes into effect on September 1, 2005, provides as follows:
Electronic mail address: An attorney should advise the Washington State Bar Association of a current business electronic mail address if one exists. An attorney whose business electronic mail address changes should, within 10 days after the change, notify the Executive Director of the Washington State Bar Association, who shall forward changes weekly to the Office of the Clerk of the Supreme Court for entry into the state computer system. Use of electronic mail addresses for court notice, service and filing must comply with GR 30.
You can check your contact information by going to the online lawyer directory at www.pro.wsba.org. If your contact information (name, address, phone, fax, or e-mail address) has changed, please update the information by e-mailing questions@wsba.org, faxing the change to 206-727-8319, or calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.
Legal Foundation of Washington to Hold Public Meeting
The trustees of the Legal Foundation of Washington will meet on September 9, 2005, at the Legal Foundation of Washington office, 1325 Fourth Ave., Ste. 1335, Seattle, WA 98101-2509. Comments from the public will be accepted from 9 to 9:30 a.m. This opportunity is made pursuant to Article I, Section 1.7 of the bylaws of the Legal Foundation of Washington.
Get a Handle on Procrastination
Do you keep putting off certain tasks? Do you worry about work you're not doing? Procrastination can be hazardous to your professional and personal health. Try dividing the avoided task up into small bites, then attack the first logical piece. If you'd like help breaking the procrastination habit and getting in control of your work call the Lawyers' Assistance Program at 206-727-8268 to schedule a private consultation.
Seeking Applications from Judicial Candidates
Application deadline: September 16, 2005
The WSBA Judicial Recommendation Committee is accepting applications from attorneys and judges seeking consideration for appointment to fill potential Washington Appellate and Supreme Court vacancies. Interested candidates will be interviewed by the committee in October 2005. The committee's recommendations are reviewed by the WSBA Board of Governors and then referred to the governor for review. If you are interested in scheduling an interview, please contact the WSBA at 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330 or call 206-727-8239. To obtain a questionnaire, e-mail barleaders@wsba.org. Please specify whether you need the questionnaire designed for a judge or an attorney. Completed questionnaires must be received by the WSBA office by 5 p.m., Friday, September 16, 2005.
WYLD Seeks De Novo Editor
The Washington Young Lawyers Division (WYLD) Editorial Advisory Board (EAB) is seeking a practicing member of the WYLD* to serve as De Novo editor. Responsibilities include procuring and editing feature articles, working with authors, managing De Novo correspondence and letters to the editor, and writing the editor's column. The editor will work closely with the EAB and the WYLD liaison in organizing content, proofreading, and coordinating articles and schedules to meet specific deadlines. Editorial/publication experience is desirable. The editor will serve a term of 18 months. This position is unpaid, but approved expenses will be reimbursed in accordance with the WYLD financial policy. Please submit a résumé and writing samples to: De Novo Editor Search, WSBA, Attn: Amy O'Donnell, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail amyo@wsba.org. Applications must be received by 5 p.m. on September 12, 2005. The new editor may be needed as early as January 2006.
*Any active member of the WSBA is also a member of the WYLD until December 31 of the year in which he or she turns 36, or December 31 of the fifth year in which he or she has been admitted to practice, whichever is later.
WYLD Trial Advocacy Program Registration Now Open
The Trial Advocacy Program (TAP) offers members of the WYLD an opportunity to improve their litigation skills, in both the civil and criminal justice fields, and acquire trial experience. The TAP provides a unique opportunity to interact with, and learn from, more experienced practitioners and to network with other young lawyers. The TAP is an intensive two-weekend program emphasizing jury trials and includes lectures, discussion groups, mock trials, exercises, and general education and instruction in courtroom trial practice. The 2005 program will be held in Seattle on November 4-5 and 11-12. This program has been approved for 30.25 CLE credits, including one ethics credit. For program details and registration, visit www.wsba.org/lawyers/groups/wyld.
New WACDL Officers and Board Members Elected
On June 9, the Washington Association of Criminal Defense Lawyers (WACDL) elected Seattle attorney Barry L. Flegenheimer as president. Other newly elected officers are Amanda Lee, president-elect; Alison Holcomb, vice president/west; Kevin Curtis, vice president/east; Todd Maybrown, secretary; and Bill Bowman, treasurer. Scott Engelhard will continue to serve on the board as immediate past president. New members of the WACDL Board of Governors, elected to two-year terms, are Carol Huneke, Ulvar Klein, Mark Larranaga, Peter Offenbecher, Jonathan Rands, Tito Rodriguez, and Scott Wonder. In addition, Robyn Friedman and Tom Weaver have been appointed by the president to fill vacant positions on the WACDL board.
2005 WACDL Awards Announced
On June 10, Seattle attorney Jeffrey Fisher received the Washington Association of Criminal Defense Lawyers (WACDL) 2005 William O. Douglas Award, in recognition of extraordinary courage and dedication to the practice of criminal law. The WACDL also presented three President's Awards, recognizing service to the criminal defense bar, to Suzanne Lee Elliott, Ronald D. Ness, and Jacqueline Walsh. The WACDL Champion of Justice Award recognizing individuals who — through legislative, judicial, journalistic, or humanitarian pursuits — have staunchly preserved or defended the constitutional rights of Washington residents and endeavored to ensure justice and due process for those accused of crime was presented to Ken Armstrong.
Deborra E. Garrett Receives WSBA Local Hero Award
At a Board of Governors luncheon with the Whatcom County Bar Association (WCBA) on July 29, WSBA President Ron Ward presented Deborra Garrett with the Local Hero Award. The award is presented to lawyers who have made noteworthy contributions to their communities.
Ms. Garrett was nominated for the award by the WCBA for her representation of the Whatcom County Library System in successfully challenging a grand jury subpoena for records by the FBI, which had requested the names of all patrons who had borrowed the book Bin Laden: The Man Who Declared War on America. The library, citing the need to protect their patrons' right to access the library's contents free of government scrutiny, refused to provide information without a subpoena or court order.
On June 18, a grand jury subpoena was served, and Ms. Garrett moved to quash it on the grounds that it infringed on the First Amendment rights of readers, and that libraries have the right to disseminate information freely and confidentially. On July 14, the FBI withdrew the subpoena.
"Deborra Garrett is our local hero," wrote WCBA President Elizabeth Li in nominating Ms. Garrett, "because she reminds us that our many years of legal training can and should be used to fight the good fight to protect the rights and privileges we hold dear in this country."
Symposium on Judicial Selection and Independence
The Seattle University School of Law will host a symposium on judicial selection and independence on November 11, 2005. Former Senator Slade Gorton and former Governor Gary Locke will co-chair this event, which will explore ways to protect judges from undue influence in elections, preserve the appearance of fairness in the judicial selection process, and enhance public confidence in Washington state's judiciary. For more information, contact Alice Paine, executive director of the King County Bar Association, at 206-267-7100.
New GLBT Bar Association
There's a new bar in town! The GLBT Bar Association of Washington (aka QLaw) invites members of the Bar to attend its inaugural kick-off event and cocktail party at the W Hotel in Seattle on the evening of Thursday, September 29. For more information, visit www.q-law.org, or contact Michael Heath at 206-903-2385 or heath.michael@dorsey.com. QLaw is an association of gay, lesbian, bisexual, and transgender legal professionals and their friends.
New Sexual Orientation and Gender Identity Section Considered
This notice is posted pursuant to the WSBA Bylaws, Article IX, "Sections," regarding a six-month prior notification of intent to establish a new Sexual Orientation and Gender Identity Legal Issues section. For more information, please contact Rachel da Silva at 360-943-6260, ext. 203, or e-mail rachel.dasilva@columbialegal.org.
Assistance for Law Students
The WSBA Lawyers' Assistance Program (LAP) offers long- and short-term psychotherapy to third-year law students attending the University of Washington and Seattle University. Treatment is offered for depression, addiction, family and relationship issues, health issues, and other mental and emotional problems. The fee is based on a sliding scale ranging from no-cost to $30 and is determined by a student's ability to pay. For more information about the LAP, call 206-727-8268 or visit our website at www.wsba.org/lawyers/services/lap.htm.
Computer Clinic
The WSBA offers a hands-on computer clinic for members wanting 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. The clinic teaches helpful tips you can use immediately. Computers are provided, and seating is limited to 15 members. There is no charge, and no CLE credits are offered. The next clinic will be held on October 10, 2005, from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org.
Learn More About Case-Management Software
The WSBA's Law Office Management Assistance Program (LOMAP) office maintains a computer for members to review software tools designed to maximize office efficiency. The LOMAP staff is available to provide materials, answer questions, and recommend options. To make an appointment, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org.
More LOMAP Events
LOMAP hosts a meeting of contract lawyers the first Tuesday of each month. The next meeting will take place September 6 from noon to 1:30 p.m. at the WSBA office. The September dates for "LOMAP & Ethics … on the Road: The 2005 Traveling Seminar" are September 27 in Colville, September 28 in Pullman, and September 29 in Spokane. Registration is $79, and each seminar has been approved for four CLE credits, including two ethics credits. For more information, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org.
Job Seekers Discussion Group
Looking for a job or making a transition? Join the Job Seekers Discussion Group the second Wednesday of each month from noon to 1:30 p.m. The group discusses where to look for jobs, how to use your network of contacts, strategies for drafting 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 at 206-727-8269 or rebeccan@wsba.org.
Senior Attorneys Discussion Group — A Matter of Connection
The group is meeting on a quarterly basis this year. If you're interested in an early-September meeting, please contact Jenny Favell at 206-727-8267.
Just Released — The 2003-2004 Case Law Update: Bankruptcy Case Law Digest for Washington State (3d ed.)
WSBA-CLE Publications and the WSBA Creditor-Debtor Section proudly present the long-awaited 2003-2004 case law update to this valuable resource. This two-volume set with searchable CD contains summaries of bankruptcy cases (U.S. Supreme Court, 9th Circuit Court of Appeals, 9th Circuit BAP, 9th Circuit District Court, and the Washington Bankruptcy Court) from 1996 through 2004, with a linked topical index, case list, code, and rules. The digest is published by the Creditor-Debtor Law Section and the WSBA. To order, go to click here, or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA.
The WSBA-CLE Workbook How to Draft Wills and Other End-of-Life Instruments
As recent events involving the Terry Schiavo case highlighted, drafting end-of-life instruments and memorializing an end-of-life plan are essential to providing clients with the assurance that their wishes will be carried out. More than 150 of your colleagues phoned in for the April 2005 WSBA Tele-CLE "Exercising Control Over End-of-Life Decisions: Living Wills and Other End-of-Life Instruments." Two leading Washington practitioners in this field led class participants step-by-step through the legal process and procedure — and the essential forms — to accomplish this goal.
Based on that timely program, the WSBA-CLE workbook How to Draft Wills and Other End-of-Life Instruments contains all of the written materials from the Tele-CLE (50 pages) plus eight essential fillable forms on an easy-access, fully searchable CD-ROM. The forms are convenient and simple to use; just click anywhere on the page and enter text as prompted. Forms include healthcare directives, physician orders, and other declarations and authorizations. 1.5 A/V CLE credits are also available with the purchase of the taped portion of the seminar on CD plus the coursebook set. For a complete description see http://store.yahoo.com/wsbastore.
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 nonmembers. To register online, go to www.adr-wa.com/directoryRegister-drPro.cfm.
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 for the award. Nominating a lawyer or judge is 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 nominee will receive a letter, a certificate, and a copy of the WSBA Creed of Professionalism.
Upcoming Board of Governors Meetings
September 15-16 — Seattle
October 28-29 — Vancouver, WA
December 9-10 — Bremerton
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.
Puget Sound Business Journal Law Supplements Available
The Puget Sound Business Journal recently published a special 28-page law supplement. The journal is pleased to send WSBA members a free copy, as long as supplies last. If you are interested, contact Aileen Smith at asmith@bizjournals.com or 206-583-0701.
Usury Rate
The average coupon equivalent yield from the first auction of 26-week treasury bills in August 2005 was 3.718 percent. Therefore, the maximum allowable usury rate for September is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm.
