August 1999

"Raising the Bar" Survey Results

by Christine Veit
SMG/Columbia Consulting

When the WSBA Board of Governors designed the long-range strategic planning process, they were very interested in hearing what members had to say. The Board hoped to gather input from as many members as possible to help them design a future for the WSBA that reflects the priorities of the membership.

To achieve the goals of engaging as many members as possible, the Board elected to solicit member involvement in the planning process in three ways:

• Twelve (12) Town Meetings were held statewide to engage members in a two-way conversation about the future of the WSBA.

• Meetings were scheduled with specific stakeholder groups to understand specific interest-group needs.

• A survey provided every member the opportunity to provide input.

The Board decided to make the survey available to all members, rather than performing a statistically valid random sample survey of about 400 members. While the results of a widely distributed survey would not necessarily provide a statistically valid representation of what all WSBA members think, it would provide every member with an easily accessible means of including his or her opinion in the WSBA long-range strategic planning process.

The survey was limited to two pages to encourage members to make a small time commitment to voice their opinions. It also contained several questions that requested a free-form response, to encourage creative thought. Over 50,000 surveys were distributed over a three-month period, starting in March 1999. The survey was published in Bar News and was distributed at CLE seminars and at Town Meetings. Printed surveys could simply be completed and faxed to the WSBA office. The survey was also made available on the WSBA website (www.wsba.org), allowing members to enter their ideas online.

Even with these extensive distribution efforts, only 462 completed surveys were received by the May 21 deadline. While we had hoped more members would respond, the rather limited participation rate is a finding in itself. Similar to hotel or restaurant comment cards, people normally submit a comment only if they have a particularly good or bad experience to communicate to the business's management. The limited response, coupled with the generally favorable tone of the surveys received, can lead to the conclusion that many members are complacent and/or generally satisfied with the WSBA.

In general, analysis of responses to the survey questions does not reveal an overriding majority of participants citing similar items on which to focus, or sharing similar opinions. In many instances, the suggestions and evaluations are diametrically opposed. It is clear that the WSBA membership is very diverse, with varied opinions and needs.

Participants were asked to list the three most important functions of the WSBA. There were 1,116 responses to this question, reflecting that each respondent could give between zero and three responses. Discipline/Ethics Enforcement and Access to Justice are cited as the two most important functions, with 163 and 158 responses, respectively. The next most frequently mentioned functions are CLE/Education, Image of Lawyers, Services to Members, and Professionalism/Civility.

Survey respondents view the Public Image of Lawyers and Access to Justice as the biggest challenges facing the legal profession in the 21st century. These two issues comprise 175 out of the 426 responses to this question. The remaining responses are spread among a wide variety of categories, including Civility/Collegiality, the Business of Practicing Law, Technology, the Cost of Legal Services, and the Independence of the Judiciary and Legal Profession. Seventy-five (75) respondents believe the Public Image of Lawyers would improve with public relations, education and advertising campaigns. Forty-two (42) respondents believe the WSBA should address Access to Justice issues by being a strategic, statewide focal point/voice and by pursuing legislation and funding.

When asked to rate the effectiveness of the WSBA on performing each of its 11 purposes, the average rating given for each of the purposes was "Acceptable." Sixty-one (61) respondents think the WSBA should eliminate the purpose of "Promote diversity and equality in the courts, the legal profession, and the Bar." Forty-one (41) feel the WSBA should eliminate the purpose of "Serve as a statewide voice to the public and the branches of government on matters relating to the purposes of the Bar."

Most respondents feel the WSBA does an acceptable or better job of administering its regulatory programs — Office of Disciplinary Counsel, Audit Program, and Governance/Records. While 134 suggestions for improving regulatory programs are provided, the only real trend identified is that 66 of these ideas for improvement deal with speeding up and/or toughening discipline.

On average, survey participants feel the discretionary programs funded by license fees are at least moderately important. Supported discretionary programs that are completely or partially funded by license fees include: Access to Justice, Lawyer Services Department, Legislation and Court Rules, Bar News, WSBA Service Center, Public Legal Education, Web Communications, and the Young Lawyers Division. On average, respondents believe these discretionary programs should be funded at the same level as they are currently funded.

When asked if the WSBA should add any additional discretionary programs, 110 respondents say the WSBA should not add any programs, 155 say the WSBA should increase programs that support the image of lawyers, and 106 request group insurance programs. The respondents are split in saying how new programs should be financed. Thirty-five (35) indicate they would increase license fees, 96 prefer the programs be self-supporting or fee-for-service, 84 favor a combination of license fees and fee-for-service, and 57 indicate they would eliminate some current programs to finance the new programs suggested. For instance, 26 respondents say they would eliminate the Young Lawyers Division, 18 would eliminate Lawyer Services, and 13 would eliminate Access to Justice.

Regarding Internet use, 280 respondents state they use the Internet and e-mail at least several times a week. At the other end of the spectrum, only 14 respondents have no plans to use the Internet in the future.

Responses to the question "What is the one thing the WSBA could do or change to increase your satisfaction as a member" are, predictably, very diverse. When grouping the responses into categories, not one category receives more than 35 responses. The top three response categories — Enhance Access to Justice, Improve Bar Member Advocacy, and Increase Public Relations/Education — account for only 18 percent of the survey responses.

The demographics of survey respondents reflect the total WSBA membership fairly well, with the primary exception being that 212 out of 462 respondents (almost 50 percent) indicate they are active in WSBA committees or sections. According to data in the WSBA membership database, about 30 percent of the total WSBA membership participates in these activities.

The Board of Governors provided members with a variety of easy and accessible avenues for expressing their opinions. The relatively low survey response can be interpreted as an indication of the relative complacency or satisfaction with the WSBA's current strategic direction. To those of you who did respond — your input has been noted in the 1999 WSBA long-range strategic planning process. For those of you who missed your chance this time — the WSBA is still listening. Please write, e-mail or call your Executive Director, Jan Michels, or your President, Wayne Blair. They really want to know what you are thinking.

Christine Veit is a Principal with SMG/Columbia Consulting Group, a management and technology consulting firm with offices in Seattle, Portland and Vancouver, B.C. She is currently assisting the WSBA with the long-range strategic planning process.

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