November 2002

FYI: For Your Information

A link to your Web site can be added to your directory listing, so current and potential clients can find out more about you and your practice at the click of a button.

The fee is $75 annually ($50 if you sign up July 1 or later). If your firm has seven or more lawyers, you'll save through our special pricing structure. Special pricing is also available for those who work for nonprofit or government agencies. For more information and sign-up instructions, see www.wsba.org/media/publications/barnews/addlink.htm.

The average coupon equivalent yield from the first auction of 26-week treasury bills in October 2002 is 1.562 percent. The maximum allowable interest rate for November is therefore 12 percent. Compilations of the average coupon equivalent yields from past auctions of 26-week treasury bills and past maximum interest rates for June 1988-June 1999 appear on page 53 of the June 1999 Bar News.

New Discipline Rules Adopted

On September 5, the Supreme Court adopted the Rules for Enforcement of Lawyer Conduct (ELC), replacing the Rules for Lawyer Discipline. The rule changes include related amendments to the Rules of Professional Conduct and the Admission to Practice Rules. The changes were effective upon publication (the October 1 advance sheet of Washington Reports). The changes, published for comment in April, were developed by the Discipline 2000 Task Force and were recommended by the Board of Governors. A link to the new rules is available on the WSBA Web site at www.wsba.org/lawyers/rules/.

BOG Meetings

December 6-7 – Everett

January 17-18 – Olympia

February 6 – 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 Donna Sato at 206-727-8244 or donnas@wsba.org.

Proud to Be a Lawyer Task Force Receives National Recognition

The Proud to Be a Lawyer Task Force received the National Association of Bar Executives (NABE) "Luminary Award" for excellence in public relations. The award was announced at the NABE Communications Section Conference held in Alexandria, Virginia, in September. Director of Member and Community Relations Judy Berrett accepted the award on the task force's behalf.

The task force was created by 2000-2001 WSBA President Jan Eric Peterson with the dual goals of instilling pride in WSBA members, and increasing the public's understanding of the law and lawyers. Members of the task force are Jan Eric Peterson (chair), Bill Bailey, Tom Campbell, Carl Carlson, Mary Fairhurst, Jay Flynn, Randy Gordon, Steve Henderson, Juliet Jones, Don Logerwell, Harry McCarthy, Mike McKasy, Sal Mungia, Sonia Rodriguez, Ron Ward; non-lawyer members Patt Schwab and Mary Elizabeth Stritmatter; and WSBA staff members Judy Berrett and Allison Parker.

WSBA's Law Office Management Assistance Program (LOMAP) has kicked off its annual traveling seminar series. Topics include case-management software and client management, plus a segment about transitions in lawyers' careers. The course offers 4.0 credits, including 2.0 ethics credits. Cost is $69. For more information, please see www.wsba.org/lawyers/help/lomap.htm or contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. Reference event code LOM1102. "LOMAP on the Road" will visit:

November 5 – Vancouver, WA, Phoenix Inn Vancouver

November 6 – Ocean Shores, Quinault Beach Resort

November 7 – Olympia, Phoenix Inn Olympia

Now is the ideal time to make sure the WSBA has your correct contact information in its database. You can check by going to the online lawyer directory at http://pro.wsba.org/. If any of your contact information has changed, please notify the WSBA Service Center as soon as possible. You may contact us by e-mailing questions@wsba.org, faxing the change to 206-727-8319, or calling 800-945-WSBA or 206-443-WSBA.

The Department of Licensing (DOL) has implemented a system that allows drivers to schedule DUI hearings online. Persons with a valid Washington driver's license and credit card may fill out a form at http://www.dol.wa.gov/ds/hrnginfo.htm and submit it to the DOL. A hearing will be scheduled in two to four weeks.

If your client is involved in a personal-injury case and has received or is receiving medical-assistance payments for his medical care, you are required to contact the Department of Social and Health Services (DSHS). RCW 43.20B.060 places a lien for the reimbursement of the medical bills that have been paid by public assistance against any settlement of judgment your client receives from a third party responsible for your client's injuries. Before settling your client's claim with the third party or their insurance company, please contact the COB Casualty Unit of DSHS at 800-562-6136 or COB Casualty Unit, PO Box 45561, Olympia, WA 98504-5561. Failure to pay any lien imposed by the department may subject you to personal liability for funds improperly distributed (RCW 43.20B.070).

Residents of Seattle's Central District now have access to free legal advice and information through the new Community Justice Center, a project of the Access to Justice Institute at Seattle University School of Law. The center is open Tuesdays from 4:30 p.m. to 6:30 p.m. in the Catholic Community Services building at 100-23rd Ave. S. (at Yesler Way). Each week, local lawyers provide educational presentations on legal issues. Following the presentations, anyone desiring further assistance is interviewed by Seattle University law students and is given an appointment to meet with a lawyer the following week. Four more Community Justice Centers are planned for low-income neighborhoods in King and Pierce counties. For more information, contact Eric Walter at 206-296-6114.

Additional law arbitrators were added to the ADR panel, and a training seminar is scheduled later this year. The committee will continue to recruit and train arbitrators, as well as publicize the Fee Arbitration Program.

The committee considered all petitions for reinstatement and all applicants for admission that were referred by the WSBA executive director. It prepared written findings regarding the fitness of each applicant and petitioner considered by the committee, and provided written recommendations for action to the Board of Governors for consideration by the Washington State Supreme Court. Formal hearings were conducted for seven individuals. Members considered the character and fitness of six bar-exam applicants and one petitioner for reinstatement.

The committee spent significant time reviewing proposed state legislation and federal regulations regarding "anti-terrorism" matters and advising the BOG about them. A civil-rights brochure was developed, and several thousand copies will be produced and distributed to the general public. In an effort to diversify the committee, outreach to minority bar associations and individual lawyers of color was conducted.

The committee initiated efforts with the Board for Judicial Administration and the Administrative Office of the Courts to add members of the judiciary to the committee, and began its consideration of the Walsh Commission/judicial independence group of recommendations that the committee had previously identified as priorities. However, upon announcement of the BOG's decision to sunset the committee, its efforts turned to preparing a final report and developing final recommendations. The committee monitored and supported the King County Bar Association's Services to the Public Workgroup, addressing the judiciary, public education, legislation and pro bono services.

The committee worked to increase diversity within the WSBA and on the BOG, revitalize communication between the Minority Bar Coalition and the committee, and increase the WSBA's visibility with stakeholders in the legal community and the community at large. The committee participated in the 10th Annual Law and Diversity Program at Western Washington University, a minority job fair, and the WYLD Pre-law Student Leadership Conference in Yakima.

The goals of the EAB this year were to help ensure the timely production of Bar News, and to provide ideas to staff and the editor to enhance the quality and readership of the magazine. The EAB adopted a policy whereby authors will assign copyright of their articles to Bar News. Another policy was adopted stating that Bar News will not publish articles by authors involved in pending litigation.

The committee hosted a debate regarding the utility of universal case citation in the state's case law between a representative of the Supreme Court's Reporter of Decisions Office and a representative of the UW law library. The committee submitted a resolution to the BOG urging them to petition the Supreme Court to advocate a change in the state's method of case citation from the traditional volume-and-page-reference method to a universal (media-neutral) format.

This committee is responsible for running the WSBA Law Clerk Program, which includes supervising law clerks enrolled in the program. In the future, the committee will explore the possibility of including law-clerk graduates in the WSBA reciprocity agreement.

The committee's main task is to prepare and grade the best bar examination possible, and streamline the bar-exam training, preparation and grading process. The committee continues to maintain its goal of having a full exam in its "question bank," which serves as an excellent training tool for new examiners and provides a reserve of approved questions when the need arises. The committee hosted Jackie Mullenger, director of bar admissions for the Nova Scotia Barristers' Society, which has patterned its exam process after Washington's.

One of the committee's goals for the year was to participate in the selection process of Practice of Law Board (PoLB) members. The committee presented comments to the PoLB Implementation Committee on selection criteria. As a result of the committee's focus on education, a presentation was created for Seattle University law students to learn about paralegal utilization.

The committee was instrumental in the passage of an amendment to APR 8(g), allowing JAG officers a limited license to represent indigent members of the military in civilian courts. In September, JAG officers had the opportunity to attend a two-day CLE to learn how to comply with the amendment. The committee also participated in Operation Enduring LAMP, an ABA-sponsored program for military personnel. In the next year, the committee will consider sponsoring an amendment to the RCWs for a rent-termination clause in leases for personnel receiving military orders.

Services available from the WSBA Law Office Management Assistance Program (LOMAP) include phone and on-site consultations, statewide seminars (including an annual "roadshow"), speaking engagements, a lending library, a software laboratory, and the Lawyer-to-Lawyer program. The committee identifies, pursues and publicizes programs for delivering law office management services to WSBA members. Committee members worked on updating the LOMAP manual, Up and Running, to include additional information about marketing, technology and how to close a practice.

The general goal of the board is to assure compliance of MCLE regulations by WSBA members. In part, that involves interpreting the regulations in light of individual situations that are brought to the board's attention. The board may also make recommendations to the BOG regarding changes to MCLE regulations. During the last year, the board began developing guidelines that WSBA-MCLE staff could use in making decisions in response to routine requests by WSBA members.

The committee focused on disseminating the Creed of Professionalism (adopted by the WSBA Board of Governors in 2001). Working with local bar associations, good progress was made on the goal of having Creed of Professionalism plaques in all Washington courtrooms (46 percent of county bars have participated or have definite plans to do so). The committee also presented the highly successful CLE seminar "Ethics, Professionalism and Civility: The Hard Questions." Subcommittees focused on lawyers, the judiciary, law schools and citizens.

The committee continues to work to implement the Volunteer Attorney Legal Services Action Plan adopted by the BOG in 1994. After significant process by the Corporate Counsel subcommittee in establishing the infrastructure for a videophone project, the project has been put on hold because of insufficient participation by corporate counsel. As a result, the subcommittee will focus on how to encourage the development of a pro bono culture in corporate law departments. The committee proposed an amendment to RPC 6.1 that includes voluntary reporting of pro bono hours.

The section produced three newsletters and hired a law student to serve as assistant editor. Membership was increased by eight percent, growing from 255 to 275. The section hosted two CLEs, "Insider Tips for Effective Advocacy During Agency Rulemaking," and "Evidence" with the Honorable Dean Morgan. The allocation of $3,000 to help fund a legal-needs study of Washington residents was approved by the section. A subcommittee of the board of trustees revised the section bylaws. The section raised $1,325 in revenues through its continued publication of the section deskbook.

The section presented its annual CLE, and completed work on the update of the consent-decree index. Progress is being made on creating a list serve. The section will continue their work on creating an electronic version of their newsletter.

The section issued a joint report on the proposed Uniform Money Services Act; voted to oppose amendments to the Non-Profit Corporation Act proposed by the Association of Realtors; proposed amendments to the Washington Business Corporations Act (WBCA) authorizing electronic notices and other communications; proposed amendments to the WBCA, the Washington Limited Partnership Act, and the Washington Limited Liability Company Act revising the definition of "person"; provided input regarding amendments to the Washington Securities Act proposed by the Washington Securities Division; formed a subcommittee to review proposed revisions to Articles 1 and 2 of the Uniform Commercial Code; sent a representative to the August ABA Annual Meeting; organized pro bono efforts among business lawyers; and distributed a CLE-needs assessment survey to many WSBA members.

The section's midyear CLE focusing on construction litigation was one of the best-attended construction CLEs presented in years. Three successful forum meetings were also held this year. The speakers included Justice Philip Talmadge; Lee Evey, program director for "Operation Phoenix;" and three attorneys general. Section members are enjoying their newly created list serve. Two newsletters were produced.

Section accomplishments include development of a draft brochure on dispute-resolution alternatives submitted to the Board for Judicial Administration (BJA) for review; hosting an ABA Section of Dispute Resolution Conference in Seattle; remodeling the section Web site and directory of ADR service providers to permit online updating by section officers and providers; endorsing the proposed Revised Uniform Arbitration and Uniform Mediation acts; and sponsoring three law-student summer clerkships in ADR organizations.

In September 2001, a grant program was established to provide access to legal services for Washington's senior residents by providing support to organizations throughout the state offering legal assistance to seniors with limited resources. A total of $10,000 has been awarded to five senior-services organizations. The program has received national recognition, including a feature article in the ABA Bulletin. An annual meeting, CLE, and multidisciplinary symposiums are offered throughout the year. The section will continue their ongoing collaborative efforts with the King County Bar Association Elder Law & Guardianship Section and the Washington Chapter of NAELA (National Association of Elder Law Attorneys) on shared activities and monthly elder law forums.

The section enjoyed a renewed commitment to increasing membership — now at a little over 1,000 members. The 2002 annual meeting and CLE seminar were held in June in Wenatchee. The section also created a list serve for its members. The Skills Training Workshop CLE was presented in April, focusing on providing affordable training to attorneys new to family law.

The section presented the full-day CLE, "Indian Resources and Authorities in 2002 — Challenges and Opportunities for Indian Country," in May; published a newsletter; awarded two scholarships to Indian tribal members attending Washington law schools; assisted in presenting training on Indian law issues at the Access to Justice Conference in Yakima; and posted substantial Indian law materials on the section's Web pages.

The section hosted a year-long program of mentoring for foreign lawyers (LLM candidates in the UW School's Asian Law Program); gathered contributions from more than 30 section members for inclusion in the Doing Business in Washington State — Guide for Foreign Business and Investment handbook, which will be published this year; awarded a scholarship to a Gonzaga Law School student in memory of former section chair Rob Huneke; published a newsletter; and continued to hold bimonthly members' forums.

The first annual meeting and CLE were held on October 19 at Seattle University School of Law. Program topics included recent developments in state and federal law, trial technique, contract arbitration and ethics.

The section presented its annual "Winning Strategies" CLE seminar and co-sponsored the Law Office Management Expo and Technology Institute. Three newsubcommittees were formed to focus on education, communication and membership, and marketing and participation. The section publishes a quarterly newsletter and sponsors semi-monthly "brown bag" luncheon seminars.

The section held its annual seminar and meeting; considered adding an annual additional mini-seminar; considered possible joint participation with the ABA Senior Lawyers Division; and published Life Begins.

The section's goals are to improve its page on the WSBA Web site; create list serves for section members and committees; improve communication with section members regarding legislative developments; and revive the international tax committee.