June 2001

The Board's Work

by Mark A. Panitch

The Board of Governors decided that WSBA members who wish to apply for an at-large seat on the BOG may self-nominate with a letter stating their interest and qualifications.

The decision was reached after Governor Lindsay Thompson presented new language for a proposed bylaw change that would eliminate specific references to diversity and allow self-nomination to at-large seats through a letter of interest to the BOG. The BOG agreed to make the process as simple as possible by allowing candidates to explain in a letter how they would meet the intent of the seats, which is to broaden the member base.

There was substantial debate over the timing for receipt of applications, with some members arguing that the new members should be chosen in time to participate in the July board retreat. Other members thought that a shortened schedule would not allow sufficient time for applicants to write their letters and for the board to review, interview and choose the new members. A motion was made to hold a special July BOG meeting to allow interviews before the retreat; the vote tied 4-4. President Jan Eric Peterson voted no, broke the tie, and then supported a September interview date.

Applicants for the at-large seats should send their letters of interest to the WSBA, Office of the Executive Director, 2101 Fourth Ave., Fourth Fl., Seattle, WA 98121-2330 by August 1.

The heads of the Oregon and Idaho bars reported to the WSBA Board of Governors that tri-state reciprocal admission has moved a notch closer to reality. At this time, only Washington has a reciprocity rule.

President Rusty Robnett and Executive Director Diane Minnich of the Idaho Bar informed the governors that the Idaho Supreme Court has approved the tri-state reciprocity rule. They reported that the Idaho Bar is also working on multi-jurisdictional practice, multi-disciplinary practice, and the addition of a half-day performance skills section on the bar exam. Idaho is also refining its "Citizens Law Academy," which now includes as many as 12 multi-hour classes. Despite the rigor, the response has been very positive. Finally, in an effort to control pro hac vice admissions, Idaho is adding a $200 per case pro hac vice fee.

Oregon Bar President Ed Harnden predicted that the reciprocity rule would clear the Oregon Supreme Court before the end of this year. Like Idaho, Oregon plans to change its pro hac vice admissions practices to add a yearly admission fee. At this time, out-of-state lawyers are admitted by the judge on motion and on a case-by-case basis.

Both Harnden and Robnett indicated that Utah may be interested in joining the reciprocity agreement. Montana, it appears, is moving toward a less cooperative stance with other states.

After a lively discussion among the two bar presidents and members of the BOG, there was general agreement that the three states (and possibly the British Columbia Bar) should meet in the fall. Potential topics on that agenda include access to justice, law student debt, new lawyer development, family law uniformity, discipline standards, relative RPCs, and the ABA’s new Ethics 2000 Model Rules of Professional Conduct and relative pro hac vice admission rules.

ABA delegate Pam Grinter reported that new ABA Model Rules for Professional Conduct will be up for adoption at the ABA summer meeting. President Peterson noted that it was important to know where and why Washington RPCs differ from the model rules, and asked the Office of Disciplinary Counsel to distribute the ABA report to the BOG and provide notice of the differences between the new model rules and the Washington rules.

Treasurer Daryl Graves noted that many inactive Bar members had complained about the recent 100 percent increase in their dues, from $51 to $100 per year. The governors discussed sending Bar News to inactive members. WSBA Director of Communications Judith Berrett reported that this would cost approximately $27,000 per year. The governors noted that even with this cost, the WSBA would net an additional $147,000 per year from the dues increase, benefiting both the Association and the inactive members.

The WSBA Lawyers’ Assistance Program (LAP) asked the BOG for permission to increase the hourly sliding-fee scale for counseling from $30-$70 to $45-$95. After hearing LAP’s assurance that no WSBA member would ever be turned away for financial reasons, the BOG voted 9-0 to permit the increase.

Rules of Professional Conduct Committee member Mike Pontarolo reported on requests by practitioners to amend RPC 1.8(e), barring attorneys from providing general financial assistance to clients. The requests came from maritime practitioners asking to be allowed to provide emergency living expenses for destitute sailors.

The RPC Committee recognizes the humanitarian aspects of the proposal, but recommended against the change on the grounds that it would create a conflict of interest for attorneys, and create attorney-client conflicts over what constitutes an emergency.

Board members were generally sympathetic, but also were concerned about having a bright line to guide them. Governor Ken Davidson moved to support the change. Governor Daryl Graves seconded the motion. After additional discussion the matter was tabled until the September BOG meeting to allow time to poll the Washington Defender Association and WSTLA on the proposed change.

The Board of Governors meeting schedule is as follows:

June 8 — WestCoast Wenatchee Center, Wenatchee

July 27-28 — Sun Mountain Lodge, Winthrop

September 13-14 — WSBA office, Seattle

With the exception of a one-hour executive session the morning of the first day, BOG meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Please contact Lori Lee at 206-727-8244 or oed@wsba.org.

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