August 2008
Profiles in Professionalism
by Sims Weymuller
In 2003, the WSBA Professionalism Committee created the Random Acts of Professionalism Award to increase professionalism among the members of the Bar by formalizing a method of positive reinforcement for professional behavior. Spearheaded by Omak attorney Peg Callaway, the award allows any member of the WSBA to recognize professional behavior in another member of the bench or bar. The acts recognized can be as simple as agreeing to a date change for a deposition in a contentious case or as complex as maintaining professional courtesy and decorum while litigating or presiding over a complicated and hard-fought trial. The award program gives attorneys and judges incentive and the method to recognize professional behavior that is in accordance with the tenets enunciated by the Creed of Professionalism.
Those nominated for the award receive a certificate, a copy of the Creed of Professionalism, and a letter from the Professionalism Committee chair explaining that the committee serves as a vehicle for this program to promote professionalism. Neither the Committee nor the WSBA Board of Governors explicitly endorses a selection — the award is simply one professional recognizing another.
We hope this award encourages attorneys to look for the best among their peers, consider their behavior when relating to one another, and to maintain a high level of professionalism among colleagues. Since its inception, close to 200 attorneys and judges have earned a Random Acts of Professionalism Award. Here are just a few of the people behind the awards.
Briteney Mercer
by Sims Weymuller
Briteney Mercer is a criminal defense attorney practicing in Seattle and was nominated by an attorney who had the opportunity to informally mentor Ms. Mercer and personally witness her interactions with other attorneys and members of the bench. The mentoring attorney admired Ms. Mercer’s courteous manner, and was particularly struck by her conscientious treatment of her clients.
Ms. Mercer was telephoned by a distraught client who disclosed that she was feeling suicidal. Ms. Mercer, pursuant to RPC 1.13, took protective action by contacting 911 and the client’s mother. Ms. Mercer met the client’s mother at the client’s home before aid arrived and found that indeed the client had been in the process of attempting to commit suicide. Ultimately, the client was hospitalized and involuntarily committed until she was able to regain stability. Ms. Mercer was able to resolve the pending cases, and the client qualified for state assistance for alcohol and mental health treatment that allowed her to return to work.
The nominator wrote: “I was incredibly proud to watch Ms. Mercer place both her personal and professional plans for the next 24 hours on hold, as she did what was necessary to help her client. She went to extraordinary lengths to protect her client’s confidentiality, identity, and privacy, while still gathering assistance and resources necessary to save her client’s life.”
Robert Flennaugh II
by Lisa Hayes
Robert “Bob” Flennaugh carries the world on his shoulders, yet still manages to flash a huge smile at everyone he meets. Mr. Flennaugh is a 12-year veteran criminal defense attorney representing people charged with some of the most grievous offenses against our society, but he retains the determinedly positive, optimistic nature that makes him such an effective advocate for his clients.
In solo practice since 2005, Mr. Flennaugh spent his formative practice years at Society of Counsel Representing Accused Persons (SCRAP) and at Wolfe Leinbach PS. Mr. Flennaugh is the current chair of the Center for Children and Youth Justice, a member of the King County Judicial Screening Committee, and sits on the Alliance for Justice Seattle Advisory Committee. He also serves as a board member for multiple nonprofit organizations, including the UW Law School Foundation, KUOW public radio, and the Seward Park Environmental and Audubon Center. He is a tireless advocate not only for his clients, but also for the community.
Several years ago, Bob Flennaugh was criminal defense counsel in a felony matter where his client also needed to defend himself in a companion civil suit. Mr. Flennaugh’s counterpart counsel in the civil suit nominated him for the Random Acts of Professionalism Award at the conclusion of both pieces of litigation. The nominator described Mr. Flennaugh as a zealous and effective advocate with opposing counsel and strong manager of his sometimes cantankerous client behind closed doors. Throughout the process, Mr. Flennaugh remained courteous to everyone involved, and his “word was his bond,” as dictated by the Creed of Professionalism.
Jay Johnson
by Sims Weymuller
Wenatchee attorney Jay Johnson was nominated for his consistent professional approach to the practice of law throughout his long and successful career. The nominator recognized Mr. Johnson’s approach to transactional work, which, under all circumstances, is courteous and practical. Mr. Johnson’s approach to his transactional work is that of a solution-oriented problem-solver who seeks common ground over conflict.
Throughout his career, Mr. Johnson has honed a method of communicating with opposing counsel whereby he initiates contact, shares his thought process, identifies potential problem areas, and isolates the goals of the parties opening up an honest discourse. Adhering to the tenets of professionalism helps achieve the goals of clients and the attorney’s personal goals.
Theodore Angelis
by Lisa Hayes
Theo Angelis is filled with enthusiasm that is reflected in the generous way he gives of himself to the legal profession, the Seattle community, his church, and his colleagues and law firm. It thus comes as no surprise that he was an early recipient of the Random Acts of Professionalism Award.
A partner at K&L Gates, Mr. Angelis is one of two leaders of its Internet Safety Group, where he manages litigation and counsels clients regarding pending legislation related to Internet safety. He spends much of his time working on child online safety. He co-chairs the Law Enforcement Committee of the Washington Attorney General’s Youth Internet Safety Task Force and works with law enforcement around the world on combating Internet safety threats. He also serves as outside counsel to the Microsoft Legal Ethics Team.
Mr. Angelis was nominated for the Random Acts of Professionalism by his opposing counsel at the conclusion of an emotionally charged case. The litigation was intensely personal to both parties, and tensions ran high. Mr. Angelis was praised by opposing counsel for his unflappable calm and continual efforts to de-escalate the situation, despite pressure from his client to behave in exactly the opposite manner. As a result, the matter was settled short of trial, with a successful outcome for both parties. His nominator commented that “if all lawyers acted like Theo, the legal profession would be beloved by all.”
Bruce Lamb
by James Beck
Bruce Lamb practices civil litigation defense with the law firm of Merrick, Hofstedt & Lindsey. In dealing with the challenges of professionalism that face him on a daily basis in his practice, Mr. Lamb was lucky to have mentoring and guidance from several attorneys early in his career, in particular, Harold Hof¬stedt and Jimmy Lindsey. Neither has ever raised his voice or yelled on the telephone, and was never unprofessional or discourteous to clients.
Mr. Lamb’s advice on avoiding inappropriate conduct is to work hard to overcome difficult situations and eliminate the natural temptations. He often tries to take at least five minutes to walk around the office and remind himself that a response in kind is not the best approach. In this regard, Mr. Lamb finds wisdom from both Martin Luther King Jr. and The Godfather. Specifically, Martin Luther King Jr. once said that it’s easy to love your friends — it’s harder to love your enemies. When responding with dignity, you are often holding a mirror up to your adversary, which is often much more effective. Keeping all of this in perspective, as stated in The Godfather, “It’s just business.”
Matthew Wojcik
by James Beck
To Matt Wojcik, professionalism is the choice to practice law in a certain manner, not for fear of repercussion or in expectation of recognition, but because of a personal belief that it is simply the right way to do things. Attorneys must advocate for their clients’ advantage. But zealous advocacy does not require an attorney to be “evasive, obstinate, rude, or dishonest with opposing counsel, colleagues, or the court” according to Mr. Wojcik. A career is long — the legal community is small and first impressions indelible.
When thinking of attorneys who symbolize professionalism, Larry Brisbee of Brisbee & Stockton (Hillsboro, Oregon) and Terry Cullen of Forsberg & Umlauf (Seattle) both stand out to Mr. Wojcik. Both excellent trial attorneys, these gentlemen were the first to encourage, offer advice, and act as a sounding board, but the last to seek praise or gratitude. Mr. Wojcik has found their practices serve as models for his own.
Sims G. Weymuller is an associate with the Seattle law firm Johnson•Flora, PLLC. Johnson•Flora attorneys are trial lawyers whose practice areas include medical and legal malpractice, product liability, and personal injury claims. Mr. Weymuller graduated with honors in political science from Kenyon College. He received his law degree from the University of Washington School of Law, where he was executive articles editor for the Pacific Rim Law and Policy Journal, served on the Moot Court Honor Board, and was invited into the National Order of the Barristers. Mr. Weymuller currently serves as vice-chair for the WSBA Lawyers’ Fund for Client Protection Committee and sits on the WSBA Professionalism Committee.
