May 2002

The Board's Work

by Allison L. Parker, WSBA Communications Specialist

Walla Walla (April 5-6)

WSBA Professionalism Counsel Barrie Althoff and Director of Lawyer Discipline Joy McLean presented the annual lawyer discipline report. Mr. Althoff explained recent changes in disciplinary procedures and the way files are handled within the Office of Disciplinary Counsel (ODC). The new system is more consumer and lawyer friendly, and offers better quality control, consistency and timeliness. A consumer-affairs team was created in the ODC to promptly resolve lawyer-client communication problems and file disputes. The discipline prevention program helps lawyers understand legal ethics. Mr. Althoff noted that even with a more streamlined system in place, prosecuting grievances is increasingly complex. The ODC must respond in a way that fully protects the public, yet does not financially overburden lawyers, who alone fund the entire system on behalf of the public. To retain public and lawyer trust and credibility, the discipline system needs to ensure openness to and involvement of the public, and sensitivity to the complexity of ethical rules and the practicalities of practice. It must be independent, adequately resourced, and must vigorously prosecute misconduct.

There was a 21 percent reduction in the number of complaints filed last year, in part because of these changes. The ODC received 2,717 new matters, consisting of 1,923 grievances, 378 requests to resolve lawyer-client file disputes, and 416 requests to resolve lawyer-client noncommunication situations. Of the 2,753 matters closed last year, 1,959 were grievance files, 378 were informally mediated file disputes, and 416 were informally mediated noncommunication matters. Completed prosecutions resulted in 72 public disciplinary sanctions/actions being imposed on 71 lawyers. For more information on the annual lawyer discipline report, please see page 47 of this issue.

Last year, the Washington Supreme Court approved a rule that establishes the Practice of Law Board (POLB). The Board of Governors (BOG) developed a list of 13 names for nomination to the Supreme Court for appointment to the first POLB. The nominees are: Hon. Paul A. Bastine, Rita L. Bender, Stephanie A. Delaney, Stephen R. Crossland, Douglas A. Cruikshank, Brian J. Dano, Jeanne J. Dawes (nonlawyer), Howard H. Marshack, C. Robert Ford (nonlawyer), Ricardo R. Garcia (nonlawyer), Nancy C. Ivarinen, Pamela B. Loginsky and Jane M. Smith (nonlawyer).

Following a presentation by Adam Karp, the BOG approved the creation of an Animal Law Section, and approved their recommended bylaws that include associate membership. Watch for organizing information on the WSBA Web site (www. wsba.org/animallaw). An animal law CLE is in the works, and Seattle University has expressed interest in adding an animal law class to the curriculum. Governor William Hyslop was concerned that the section might be vulnerable to animal-rights and other activist groups. Mr. Karp reminded the BOG that the section is not an animal-rights group. It is an animal law section for members who have cases that involve animals.

Marsh Affinity Group Services (formerly known as Seabury & Smith) will be changing the insurance carrier that provides malpractice insurance to WSBA members. Pam Blake told the BOG the change is the result of premium increases, policy coverage concerns, and claims-handling issues with the current provider. Marsh is reviewing proposals from other carriers and expects no interruption in service. They will make a recommendation at the May BOG meeting, and intend to begin coverage with a new carrier in July.

The BOG adopted the recommendation of the Member Benefit Task Force (MBTF) that the WSBA sponsor a group medical plan for members. Enrollment will begin in May 2002 with a year’s open enrollment and annual enrollment after that. Marsh Affinity Group, the broker for the plan, will begin marketing the plan to WSBA members immediately. The group medical plan will primarily benefit small firms and sole practitioners. Firms with at least three employees will also be eligible for a dental plan.

The MBTF’s recommendation for an MBNA credit card was rejected. Several governors expressed concern about the Bar promoting MBNA and allowing the company to mass-market to members. There were also questions about competing with the WSBA Credit Union’s credit card.

WSBA Legislative Director Gail Stone assured the BOG that this legislative session went well. Despite early predictions of a special session necessitated by a $1.6 billion budget shortfall, the 2002 Legislature concluded its business with the close of the 60-regular session in March. Overall, the WSBA had a successful, if challenging, session. Early in the session, the Bar faced cuts in Governor Locke’s proposed budget of just under $500,000. Three weeks later, the amount allocated for legal services was reduced by $2.4 million. The equal justice community launched its largest grassroots effort ever to restore funding. Lawyers, judges and legislators responded, and the $2.4 million was restored. The governor vetoed a proviso in the budget, however, and the final budget restores $1.5 million of the cut.

Nearly all the bills that the BOG voted to sponsor or support this year made it to the governor’s desk. Of particular note: HB 2301, electronic notice under the WBCA; SB 6266, updating personal property exemptions; SB 6267, revising the Principal and Income Act; HB 2299, defining "person" under the WBCA, ULP and LLC Acts; SB 5373, offers of compromise in mandatory arbitration; HB2338, drug sentencing revisions; and SB 6429, apology bill.

Ronald E. Thompson received the WSBA Local Hero Award at the Tacoma-Pierce County Bar Association’s 94th Annual Lincoln Day Banquet in February. Mr. Thompson is a sole practitioner in Gig Harbor. He is a life member of the Optimist Club of West Tacoma, and served as president of the Optimist International Foundation. During his term as international president of Optimist International, Mr. Thompson formed the NOW program to assist clubs in building memberships. He also initiated the Adopt-a-Neighborhood program which encouraged clubs to focus their programs on specific neighborhoods. For that, he received a Citation for Community Service from the U.S. Department of Housing and Urban Development. As chair of the Downtown Tacoma Association, he was instrumental in attracting a University of Washington branch campus. Mr. Thompson has been a member of the Tacoma-Pierce County Economic Development Board for 23 years, and has been a board member of the Tacoma Rescue Mission since 1988.

Walla Walla lawyer Herman "Dutch" Hayner and former state legislator Jeannette Hayner each received an award of appreciation for their legislative work on behalf of the WSBA. The awards were presented by President Dale Carlisle during a lunch with the Walla Walla County Bar Association at the April BOG meeting.

Mr. Hayner’s service to the Bar goes back a half century. He was president of the Walla Walla County Bar Association in 1954. He was first appointed to the WSBA Legislative Committee in 1979, and has been instrumental in shaping the WSBA’s legislative agenda ever since.

Mrs. Hayner has long been recognized for her leadership in securing state funding for legal services. She represented the 16th District in both the state House and Senate from 1977 until her retirement in 1992. As Senate majority leader in 1992, she helped create a mechanism to provide state funding for civil legal services.