August 1999

Results of Statewide Town Meetings Synthesized

More than 400 lawyers from across Washington participated in "Town Meetings," a key part of the WSBA’s long-range strategic planning process. The strongest message emerging from those sessions is that the ties that bind us as professionals are strong. We tend to like and dislike the same aspects of our profession. We worry about many of the same issues. We are a veritable fountain of ideas for solving the problems we perceive.

The WSBA’s 12 Town Meetings were organized geographically, and sessions for Bar Leaders and the Young Lawyers Division were held in conjunction with other meetings. All Town Meetings followed the same format, designed to make sure that members had the chance to air general thoughts and then to focus more specifically on problems of particular concern. Divided into table-sized discussion groups, participants began by identifying the best and worst aspects of practicing law. Each group then selected one or two of five major themes for in-depth discussions. The themes included: (1) the future of the profession, (2) practice issues, (3) WSBA organizational focus, (4) WSBA services, and (5) WSBA governance. Finally, participants identified one thing they would most like to change about the WSBA.

This summary is designed to provide a flavor of some of the most prevalent themes which appeared across the Town Meetings. For those with an interest in learning more, the long-range plan will include individual meeting summaries, as well as detailed notes from the discussion groups.

We like our work for similar reasons. Attorneys across the state enjoy helping people and businesses enforce their rights and assisting those in need. It’s fun to put the deal together. We appreciate the intellectual stimulation and diversity of our work, and the chance to solve complex problems creatively. Many of us enjoy working with other lawyers when they are experienced and well-prepared. Our profession gives us prestige and the chance to contribute to our communities and make a difference. We like to win, or more diplomatically, to "get good results."

We were much more individualistic in our dislikes, although some common themes emerged. Many of us expressed concern about the public’s perception of lawyers and the never-ending supply of lawyer jokes. Others looked inward, suggesting that a few bad apples were ruining it for all of us, and expressing dissatisfaction at the inability to trust a handshake. Some disliked acrimony and fighting with other lawyers, as well as our litigious society with its antagonistic approach to dispute resolution. Some had problems with clients who are difficult or don’t pay their bills. It can be hard to deliver bad news.

The business side of the practice of law also caused concern, including things like running an office, collections, timesheets and heavy workloads which can be dictated by economic necessity, including high student loans. Some railed against the bureaucracy of too many rules of various types, while others fretted about judges who were not in touch with the practical aspects of law practice. Some expressed practice area-specific concerns, like seeing criminals come back through the system or the inability of the family law system to really solve the problems of those within it, or the difficulty of coordinating witnesses for a trial. And for many, the difficulty of balancing work and family, or of "having a life" remains a formidable problem.

The small groups typically discussed two of the five different general themes. Although free to choose any two, almost every small-group discussion included talk of the future of the profession. Many of the issues discussed crossed borders, appearing in a slightly different guise in various discussions. The discussions of the first two topics, the future of the profession and practice issues, included so much overlap that they have been combined below.

Technology has had, and will continue to have, a significant impact on the practice of law. It has given a solid advantage to the tech-literate and raised clients’ expectations of productivity. The availability of so much information leads some clients to think they can out-lawyer the lawyer. Suggestions for the role the WSBA could play included making sure the public has access to good and useful legal information. It could help small firms by acting as their external "IS" group, summarizing information on available products and services, screening and analyzing products, and providing equal access to these tools. The WSBA could also provide consulting services on topics like electronic confidentiality.

Many would like the WSBA to take a strong role in addressing the decline in respect of lawyers, and in educating the public about the justice system and lawyers’ roles within it. As another small group put it — the WSBA can also help improve the "low self-esteem" of the profession. In a related vein, others focused on the need to increase professionalism, ethics and civility, which the WSBA could support by providing discussion groups, social events and law-school programs.

In the future, many fear that legal services will remain too costly for some, including many who are too well-off financially to be eligible for services by traditional legal services organizations. The WSBA could help by developing and supporting alternate fee structures. The WSBA could also encourage or require pro bono services, and provide liability limits or protection. This problem led some to wonder whether the WSBA should support the alternate provision of legal services as one way to address this concern. Supporters of this idea commented that to accomplish this, the WSBA would need to find ways to regulate and capitalize on legal professionals.

On the other hand, some look to the future and see a rise in interdisciplinary professionals and believe that the only way to avoid this trend is to carefully limit who can practice law and enforce rules against the unauthorized practice of law.

The future may see changes in the nature of dispute resolution as a result of many factors, including the increased complexity of disputes. One way to respond to this would be to provide support for ADR and to teach WSBA members how to use it. Additionally, some suggested that the WSBA should rate and regulate ADR practitioners.

Some focused on the nuts and bolts of law practice. The WSBA should continue and possibly expand its efforts to help practitioners run their practices, including client-management education and responding to billable-hours pressure. It should provide extremely practical ethical advice. It should find innovative ways to respond to the high cost of practice and of qualifying to practice — for example, by providing ways to get out from under the burden of student loans. Although mentioned in several groups, young lawyers especially would like to respond to the increasingly high cost of obtaining a legal education, and would like to see law schools do a better job of providing practical information about the practice of law. Finally, the WSBA should help its members make an adequate living and lead a balanced life. To accomplish this, it could provide credit for stress-management or counseling CLEs.

Specialization without variety can be a significant problem for some practitioners. At the same time, many perceive that there is too much law and there are too many rules. One response might be for the WSBA to encourage more lawyers to participate in the legislature.

Everyone agrees that the core functions — licensing and discipline — are critical. Some people strongly stated their preference that the WSBA should stick to its core functions and not do anything else. Beyond that, members repeated many of the same themes, such as the need to focus on improving the public’s perception of the profession and its understanding of the judicial system. Services to the membership should involve less policing and more problem-solving and preventive maintenance. Programs like the new Law Office Management Assistance Program (LOMAP) were frequently singled out for praise. Some want the WSBA to use its marketing power to get good deals on a variety of products and services, from insurance to software. Our east-side colleagues reminded us that programs and services should be offered across the state, not just to those of us lucky enough to be able to walk to the WSBA offices.

Each service of the WSBA has its fans and detractors. Pulling consensus from the reports was virtually impossible, except when considering the most general of terms. Generally, everyone wants a highly responsive WSBA with friendly and knowledgeable staff that works quickly and efficiently. They want the WSBA to promote the legal system, collegiality, civility, professionalism and the image of the profession. Some members would like to see the organization stick to nuts and bolts, others want it to take on broader issues, and others would like it to make a decision either way and then to stick to it.

The topic of governance generated the least enthusiasm and only a few small groups considered it. Those that did wanted to eliminate the east/west mentality and to encourage greater turnover. Others wanted to increase at least somewhat the number of representatives who govern us. Not surprisingly, the Bar Leaders discussion groups did address this topic. They did not identify any large changes, suggesting only that stakeholders should always get advance notice of meeting topics, allowing speakerphones and allocating travel costs to distanced potential participants.

By far the most common thread was the strong support for tackling the problems of the perception of lawyers, or, alternatively, encouraging the WSBA to focus on the positive aspects of the profession, the practice and the role of the legal system.

Many members would like a greater level of understanding of what the WSBA is and what it does. It should break the perception that there are Bar insiders and outsiders, and get more people involved in governance, without adding additional regulations. It should do a better job of integrating young lawyers and other groups within the organization.

The WSBA should be a leader on technology issues, and should provide both training and support. And finally, Eastern Washington should not be forgotten by the staff, in the provision of CLEs or otherwise.

The Town Meetings were instructive and informative. The hardest part remains. Now the Long-Range Planning Committee must take these ideas and figure out which are possible, which are feasible, and decide where our priorities should be in coming years. The final message from the Town Meetings is a great place to end: whatever else the WSBA does, it should continue the Town-Meeting process in the future.

Rosemary Daszkiewicz, a principal at Cairncross & Hempelmann, helps businesses design, implement and defend employment practices. She has been active in Bar activities since 1987.

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