May 2000

Board's Work - March 2000

At their March 31st meeting in Kelso, the Board of Governors continued to struggle with defining the practice of law in a fast-changing environment.

The Board had a very spirited discussion about reciprocity rules that would allow attorneys from other states to practice law in Washington. Governor Walt Krueger pointed out that there is increasing interest from lawyers in other states to practice Washington law. Governor Jim Deno suggested there should be more study on multidisciplinary practice issues. Governor John Powers thought that at some point in the future, lawyers from other states might have to register as "doing business" in this state, much like foreign corporations currently do. President-elect Jan Eric Peterson suggested that the multidisciplinary practice issue might be sent to the membership for feedback, considering the possibility that some WSBA members may be indifferent to the issue or think spending members' money on the issue is not worthwhile.

Governor Stephen Henderson aptly categorized out-of-state lawyers practicing in Washington without a license, unauthorized nonlawyers practicing law, and multidisciplinary practice as three issues which must be resolved in the process of defining the practice of law in Washington. Governor Deno reiterated that there is currently no mechanism in place to prevent out-of-state lawyers and nonlawyers from engaging in this practice, and small firms and solo practices simply don't have the marketing power of the larger companies. He predicted that Bar members could be "swept aside" unless the WSBA takes steps to address these issues directly. The Board will continue to tackle this panoply of issues surrounding the definition of the practice of law at the May 19th meeting in Yakima.

The Board approved new rules designed to divert some types of disciplinary grievances into fee arbitration, mediation, law office management assistance, lawyer assistance programs, psychological or behavioral counseling, monitoring, restitution and continuing legal education programs. President-elect Jan Eric Peterson described the diversion program as "the final spoke in the wheel of a national model for discipline systems" that was eight years in the making and involved many hours of hard work by such WSBA well-knowns as Wayne Blair, Peter Ehrlichman, Anne Ellington, Christopher Pence and Leland Ripley.

Felice Congalton gave the Board a report on the Office of Disciplinary Counsel's consumer affairs unit, which handles all complaint calls to the WSBA and meets with members of the public who have grievances regarding a lawyer's conduct. The staff also attempts to resolve disputes about possession of client files and communication problems between lawyers and clients.

The Board approved the final report of the MCLE Implementation Committee, which was formed to prepare the implementation of the proposed new APR 11 currently under consideration by the state Supreme Court. The proposed rule amendments would make major changes in the MCLE program, clarifying the relationship between the MCLE Board and the Board of Governors regarding the MCLE Board's budget and personnel. Continuing legal education sponsors would report attendance to the WSBA. The WSBA would be required to maintain attendance records, and semi-annually provide members with updates of their credit status. Additionally, the MCLE Board would be authorized to designate accredited providers who will not be required to seek pre-approval of individual courses; and members would be allowed CLE credits for certain pro bono activities, self-study, writing and editing. Implementation is pending the Supreme Court's approval of the new rule.

The Board watched a slide presentation by GMA Research on a 1999 Washington state survey on how the public views the courts. The survey results measured the attitudes and perceptions of African American, Hispanic, Asian and Caucasian populations. The presentation spurred a discussion led by Governor Deno regarding diversity issues within the WSBA. The Board heard from Yvonne Ward, President of the Asian Bar Association of Washington, on the issue of whether the Board should expand its membership to include minority and young lawyer seats.

Ms. Ward stated that, after much careful consideration, the Asian Bar Association supports the concept, but hopes that it would not need to be a permanent measure. She mentioned that the various minority bar associations have a history of cooperation and would likely be able to select a governor from within their joint membership. Ward emphasized that many minority lawyers feel these decisions should be made by the minority members themselves and not foisted upon them by others who do not or could not understand their perspective. She also stated that there is a historical and institutional distrust of the Bar Association by minority members, and that it has been perceived as an exclusive, closed system. Governor Jenny Durkan suggested that it may be time to rethink how governors are chosen, pointing out that the current selection process emphasizes regional and geographic diversity.

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