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December 2004FYI: For Your InformationJudicial Recommendation Interviews The WSBA Judicial Recommendation Committee is currently accepting applications from attorneys and judges seeking consideration for appointment to fill potential Appellate and Supreme Court vacancies. Interested candidates will be interviewed by the committee in March 2005. The deadline for receipt of questionnaires by the WSBA office is 5 p.m. February 11, 2005. The committee's recommendations are reviewed by the WSBA Board of Governors and then referred to the Governor for review when appointments are made to fill vacancies on the Washington Court of Appeals and Supreme Court. If you are interested in scheduling an interview, please contact the WSBA at 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, 206-727-8239; or e-mail barleaders@wsba.org, to obtain a questionnaire. Please specify whether you need the questionnaire designed for a judge or an attorney. 10-Day CLE Bookstore Open in December for WSBA Members 'Twas the night before the MCLE reporting deadline . . . Free Online Legal-Research Tool Coming to WSBA Members The WSBA will soon provide a free online legal-research tool to all members, through the Casemaker Consortium of Bar Associations. Casemaker is an online legal-research system providing access to state and federal materials. Launched by the Ohio State Bar Association in 1999, the system is marketed only to bar associations. There are currently 20 member state bar associations, including our neighbors Oregon and Idaho. Other members are Alabama, Colorado, Connecticut, Georgia, Indiana, Maine, Massachusetts, Mississippi, Nebraska, New Hampshire, North Carolina, Ohio, Rhode Island, South Carolina, Texas, Utah, and Vermont. Michigan case law is also available to all lawyers who are members of Casemaker Consortium states. Each member bar shares its library with all the other member bars. The WSBA will provide this benefit to WSBA members at no charge; the WSBA will absorb the cost of Casemaker. We anticipate that Casemaker will be available to all WSBA members by June 2005. Time is needed for Casemaker to create the Washington database, and for the WSBA to develop an online application that will enable members to access Casemaker quickly and easily through the WSBA website. Casemaker will be in a password-protected "members only" section of the website. Stay tuned for more information! CLE Calendar Through December 2004 Online To help you plan your schedule (whether you're reporting this year or otherwise), WSBA CLE lists upcoming seminars through the end of the year at www.wsba.org/cle/seminars. If the seminar is open for registration, you can register online. For later seminars, you can ask to be notified when registration opens. 2005 Licensing Packets Licensing packets will be mailed in early December. The packet includes your license-fee invoice, trust-account declaration form, and, if applicable, MCLE certification form. If you have not received your licensing packet by the first week in January, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org, to request a duplicate. Please note that it is your responsibility to pay your annual license fee, regardless of whether you receive the licensing packet. Fees. We encourage you to pay your mandatory fees promptly to avoid penalties. WSBA Bylaws require a 20 percent late-payment penalty if the annual license fee remains unpaid on March 2, 2005. After April 2, 2005, a 50 percent late-payment penalty is imposed. If your license fee, penalty assessment, or Lawyers' Fund for Client Protection (LFCP) (required by APR 15) assessment remains unpaid after May 2005, the delinquency will be certified to the Supreme Court, which will enter an order of suspension from the practice of law. In order to be reinstated to your former status after suspension for nonpayment, you must pay double the amount of the combined fee and penalty (triple the original fee). For active members, nonpayment of the $13 LFCP assessment is also cause for suspension. Software Conversion. In late summer 2004, the WSBA underwent a software conversion of the membership database. It is possible that not all information converted correctly. If you believe the amount showing on your licensing form (A2) is not correct, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. Resources. The 2005 Resources directory will print the contact information that is in the WSBA membership database on February 1, 2005. Now is the ideal time to check that the WSBA has your correct contact information in its database. You can check your contact information online at http://pro.wsba.org. If your contact information has changed, please complete and return the Contact Information Change Form included in the licensing packet to the address shown on the form or fax to 206-727-8319, or e-mail the changes to questions@wsba.org. Please update your information as soon as possible, but no later than January 31, 2005, for inclusion in Resources. More Information. For more information, please see the WSBA website at www. wsba.org/licensing, or contact the WSBA Service Center at 800-945-WSBA, 206-443-WSBA, or questions@wsba.org. Notice to WSBA Members on Active Military Duty At its January 2004 meeting, the Board of Governors approved a Bylaw amendment that allows all active WSBA members who are on active duty in the military to waive WSBA license fees and remain active members for up to five years. (WSBA members on active duty whose WSBA membership status is inactive or emeritus must still pay the annual WSBA license fees.) If you are currently an active member on active military duty, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Senior Attorneys Discussion Group: A Matter of Connection We will meet on Thursday, December 16, from 4:00 to 5:30 p.m., and will share our volunteer activities. On Thursday, January 20, 2005, Dr. Jenny Favell will present her recent Commission on Lawyers' Assistance Programs national program, "Secondary Traumatic Stress: What You Don't Know Will Hurt You." We talk about issues important to senior attorneys who continue to be involved, creative, healthy, and active. Please join us, at no cost, in the WSBA 4th-floor conference room. Contact Jenny Favell, Ph.D., 206-727-8267, for more information. Lawyers' Assistance Program Peer Counselor Statewide Network We are attorneys who volunteer support to others who need someone to listen when times are tough. We are not professional mental-health counselors, but receive training at our statewide conference in April and regional trainings throughout the year. We seek to expand the diversity we represent and offer to WSBA members. Would you have time and interest in listening, recognizing when a peer needs referral for additional support, attending a training, educating the legal community about the healthy practice of law, and giving of yourself as your time allows? Please call Jenny Favell, Ph.D., 206-727-8267. The WSBA seeks applicants for its newly established Leadership Institute. The WSBA recognizes that many young lawyers, particularly those of color, women, and those from traditionally underrepresented groups, have not been recruited for leadership positions or made aware of opportunities for skill development, professional growth, and leadership training that are available through the WSBA. The mission of the WSBA Leadership Institute is to recruit, train, and retain Washington attorneys who have been admitted for 10 years or less for leadership positions in the legal community and in the WSBA, with an emphasis on racial, ethnic, gender, sexual orientation, disability, cultural, and geographic diversity. Ten fellows will be carefully selected for the first year's program, which will take place February through September 2005. Fellows will devote approximately 70 hours to the program, which includes eight professional-development seminars (on topics such as the logistics of legal practice, the judiciary, public- versus private-sector employment, and the legislative process) and participation in a group community-service project. Fellows will earn 30 CLE credits. There will be no charge to participants. Applications will be accepted until January 10, 2005, and selected fellows will be notified by January 31, 2005. Further information, including application forms and instructions, is available on the WSBA website at www.wsba.org/lawyers/leadership_institute.htm. As the 2005 WSBA licensing period approaches, you may be thinking of changing your membership status to more accurately reflect your current career or lifestyle. If you no longer need your active WSBA license, here's why you should consider emeritus status: APR 8(e) creates a limited license status of emeritus for attorneys otherwise retired from the practice of law, to practice pro bono legal services through a qualified legal services organization. A qualified legal services organization is defined as "an organization that exists primarily for the purpose of providing legal services to low-income clients." There are no MCLE requirements (although you may attend optional CLE seminars at no cost so that you stay apprised of changes in the law). The 2005 license fee for emeritus is $117. This is a significant savings in time and money if you are paying for an active license that you no longer need. Under most circumstances, emeritus attorneys can remain in emeritus status indefinitely without having to re-take the bar exam if/when returning to active status. Volunteering for a "qualified legal services organization" allows you to control your own schedule. Most importantly, the Emeritus Program provides an opportunity for attorneys to give something back to their communities by helping those who are less fortunate. One or more qualified legal-service organizations are present in most Washington state counties. They include Columbia Legal Services, a statewide legal services program; Northwest Justice Project, a central statewide point of access for clients; specialized legal services programs (such as Northwest Women's Law Center, Unemployment Law Project, and others); and county volunteer-attorney programs. These organizations offer a wide variety of volunteer opportunities, such as direct representation, mentoring, advice clinics, self-help clinics, board service, telephone advice, and document preparation. Emeritus also allows for pro bono services for criminal cases through some public-defender offices. Emeritus attorneys and judges are currently volunteering in many capacities, including the Northwest Justice Project's CLEAR intake line (one remotely, from home); the Northwest Women's Law Center Board of Directors; a Columbia Legal Services administrative law case; King County Bar Association Neighborhood Legal Clinics; defense services for the Associated Counsel for the Accused in the Seattle Municipal Court's Mental Health Court; and writing wills for low-income seniors in Skagit County. We do our best to find a niche to fit your legal expertise and time schedule. An emeritus training session has been scheduled for Tuesday, January 25, 2005, at the WSBA office in Seattle. This training is a requirement for changing to emeritus status and will provide an opportunity for you to meet the providers. Travel expenses will be reimbursed. For more information about the Emeritus Program, the training session, and the logistics of changing your WSBA status to emeritus, please contact Sharlene Steele, WSBA access to justice liaison, at 206-727-8262 or sharlene@wsba.org. Washington Attorneys Assisting Community Organizations (WAACO) WAACO is a statewide organization that matches volunteer attorneys with charitable and community-based nonprofit organizations in need of business-related pro bono legal services. Volunteer lawyers are needed. Those interested in volunteering are encouraged to attend a training seminar on December 7 in Seattle. E-mail contact@waaco.org or call 866-288-9695 for details. Address Update Reminder The 2005 licensing packets are scheduled to be mailed in early December. The deadline for updating your address to be included in the licensing packet mailing was October 15, so please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA to request a duplicate packet if you have not received yours by December 31. You can check your listing by going to the online lawyer directory at http://pro.wsba.org. If any of your contact information (name, address, phone, fax, or e-mail address) has changed, please update the information by e-mailing questions@wsba.org; faxing the change to 206-727-8319; or calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. Just Released: 2005 Annual Publications Catalog The 2005 edition of the Publications Catalog from WSBA-CLE Publications is now available! It's your convenient guide to outstanding products and services from WSBA CLE, the leader in innovative legal education. Save your catalog for the coming year to order our premier deskbooks, audiotapes, coursebooks, and more — whether online, or by phone, fax, or mail. Need another one? Call 800-945-WSBA. MCLE Certification for Group 1 (2002-2004) Due February 1, 2005 Active WSBA members in MCLE Reporting Group 1 (2002-2004) will be receiving Continuing Legal Education Certification (C2) forms in the licensing packets being mailed this month. The deadline for returning the C2 forms to the WSBA is February 1, 2005. Members in Group 1 include active members who were admitted to the WSBA in all years through 1975, or in 1991, 1994, 1997, or 2000. Members admitted in 2003 are also in Group 1 but are not due to report until the end of 2007. Their first reporting period will be 2005-2007, but any credits earned on or after the day of admittance to the WSBA may be counted for compliance. Included in the licensing packets that will be mailed to Group 1 members will be a Continuing Legal Education Certification (C2/C3) form in the license packet that will be mailed to you at the beginning of December. This form is an affidavit that lists all the WSBA-approved courses that are in your MCLE online profile for the 2002-2004 reporting period. The C2/C3 form, not your online profile, is the official record of MCLE compliance. If you have taken courses since the course information on the C2/C3 form was printed, ensure that these courses have been added to your online profile, then print and attach the profile to the C2/C3 form. Indicate on your C2/C3 form that the attached profile is the true and correct record of the courses taken for the reporting period. Alternatively, you may simply add by hand to the back of the C2/C3 form the additional WSBA-approved courses you took. Ensure that you include the Activity ID number and all other required information for each course. The deadline for completing the C2/C3 form and returning it to the WSBA is February 1, 2005. All active members must send in a completed C2/C3 form. If you are not able to meet the credit requirement by December 31, 2004, an automatic extension will be granted until May 1, 2005; however, a late fee will be imposed. If this is the first period in which you have not met MCLE compliance requirements, the late fee is $150. The late fee increases by $300 for each consecutive reporting period that you are late in meeting MCLE requirements. See "MCLE Certification for Active Members — General Information" below for further information about MCLE reporting period compliance. MCLE Certification for Active Members — General Information Due Date for MCLE Reporting. All WSBA members are divided into three MCLE reporting groups based on year of admission: Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, or 2003.* Credit Requirements. The following credit requirements must be met by December 31 of the last year of an active member's reporting period: • Earn at least 45 total credits of WSBA-approved CLE activities, which must include a minimum of 30 live credits and a minimum of six ethics credits. Carryover CLE Credits. Carryover credits from the previous reporting period must be used to meet the requirements of the current reporting period. If your current reporting period total credits exceed 45, you may carry over a maximum combined total of 15 general and ethics credits. Only two ethics credits and five A/V credits may be carried over. MCLE Late Fees. All active members who have not completed their credits by December 31 of the last year of their reporting period, or who submit their C2 reporting forms after March 1 of the following year, must pay a late fee of $150. The late fee increases by $300 for each consecutive three-year reporting period of noncompliance. Newly Admitted Members. If you are a newly admitted member, you are exempt from reporting CLE credits for the year of your admission and the following calendar year. If you were admitted in 2003, you will not report this reporting period (2002-2004) even though you are in Group 1. You will first report at the end of 2007 for the 2005-2007 reporting period. When you report at the end of your first reporting period, you may claim all CLE credits earned on or after your date of admission to the WSBA. MCLE Comity. If you are an active member of the WSBA and your primary practice is in Oregon, Idaho, or Utah, you may meet your mandatory CLE requirements by providing proof of current compliance. Only a Certificate of Compliance from your state bar will satisfy your MCLE requirements in Washington. MCLE System — Course Listing and Member Profiles. You can use the online MCLE system at http://pro.wsba.org to review courses taken and credits earned, apply for course approval, apply for writing credit or for prep-time credit, and search for approved courses being presented in the future. To use the MCLE system, go to http://pro.wsba.org, click on the Member tab, then select Member Login. The online instructions will lead you through the process of creating a confidential password and beginning to use the system. Online help is available. If you have any questions about using the MCLE system or about the MCLE compliance requirements, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. WSBA Mileage-Reimbursement Rate It is the WSBA's policy to adjust the mileage-reimbursement rate every October to the optional standard business rate set by the IRS. Effective October 1, 2004, the WSBA mileage reimbursement rate for meetings and travel on behalf of the WSBA is $0.375 per mile. For a summary of the WSBA Expense Policy, download the WSBA expense report form at www.wsba.org/info/operations/finance/expensereport.htm. "Random Acts of Professionalism" Program The WSBA Professionalism Committee has created a way for lawyers and judges to recognize their colleagues who have conducted themselves in a professional manner consistent with the Creed of Professionalism. Through the "Random Acts of Professionalism" Program, lawyers and judges may nominate their colleagues to receive the award. Nominating a lawyer or judge for the award is very easy — simply send his or her name, along with a brief description of why you are nominating the person, to Judy Berrett, staff liaison to the Professionalism Committee, at judithb@wsba.org, or fax to 206-727-8319. That's all there is to it! The nominated person will receive a letter, a certificate, and a copy of the WSBA Creed of Professionalism. Lawyer-to-Lawyer Program: Mentors Needed for Newer Admittees The WSBA's Lawyer-to-Lawyer Program matches newer admittees with experienced lawyers. The program is not a structured mentoring program and does not supplant any similar programs of local or specialty bars. We connect lawyers with similar practices in the same geographic area for mutual information-sharing and goodwill. We need experienced attorneys to serve as informal mentors, especially in King County. Help new lawyers get a head start on learning those lawyering skills not found in any textbook. Interested members may contact Pete Roberts (206-727-8237; peter@wsba.org) in the Law Office Management Assistance Program. Program guidelines and sign-up forms are available at www.wsba.org/lawyers/services/lawyertolawyer.htm. Keep in Touch The WSBA uses e-mail to communicate with members quickly, efficiently, and inexpensively, and increasingly it is becoming the preferred method of communication for committees and sections. If you haven't already, please consider providing us with your e-mail address. Contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Representatives are available Monday through Friday, 8 a.m. to 5 p.m. Usury Rate The average coupon equivalent yield from the first auction of 26-week treasury bills in November 2004 was 2.193 percent. The maximum allowable interest rate for December 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 to June 1999 appear on page 53 of the June 1999 Bar News. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm. Visit the WSBA Online Store Go to www.wsba.org and click "WSBA Store" in the left navigation bar to purchase Cutter & Buck polo shirts, twill baseball caps, ballpoint pens, and brass luggage tags, all sporting the WSBA logo. The store offers secure online credit-card ordering. You can also purchase logo merchandise by calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. • Polo shirt (pewter or white, size L or XL) — $56 Prices include shipping and handling. Sales tax (8.8 percent) will be added to orders shipped within Washington. Upcoming Board of Governors Meetings December 10-11 — Everett With the exception of a one-hour executive session the morning of the first day, Board of Governors 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. The complete Board of Governors meeting schedule is available on the WSBA website at www.wsba.org/info/bog/2004-2005meetingschedule.htm. Consumer-Information Pamphlets Available Provide a valuable service to your clients by offering them consumer-information pamphlets! Published by the WSBA as a public service, these pamphlets educate consumers about their legal rights and responsibilities, answer frequently asked questions, and explain basic aspects of Washington law. The information is general, and not intended as legal advice or as a substitute for a lawyer's services. For a complete list of pamphlets and pricing information, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or go to www.wsba.org/public/consumer. Note: A special discounted rate is available for qualified nonprofit organizations — contact the WSBA Service Center for details. Learn More about Case-Management Software The WSBA Law Office Management Assistance Program (LOMAP) office maintains a computer for members to review software tools designed to maximize office efficiency. LOMAP staff are available to provide materials, answer questions, and recommend options. To make an appointment, contact Pete Roberts at 206-727-8237 or peter@wsba.org. The Alliance for Equal Justice Hosts Successful Open House Project The Alliance for Equal Justice of Washington State hosted open houses in 19 locations across the state on October 27, 2004. The Alliance is a network of organizations that provide legal aid — information, advice and representation — to those with nowhere else to turn. Nearly 1,000 community members participated in an open house event where local volunteer and legal aid attorneys were honored for their contributions to equal justice in our state. Keynote speakers included five Supreme Court justices, federal and local judges, and leaders in the legal community. At each of the events, they spoke about the critical importance of civil legal aid and the need for increased services. According to the Washington State Supreme Court's Task Force on Civil Equal Justice Funding, an additional $28 million per year is required to provide sufficient legal aid to Washington's poor and vulnerable residents. At several open-house events, former clients of legal aid shared their personal stories about how legal aid made a difference in their lives. In Bellevue, a victim of domestic violence told how legal aid helped her and her children escape from a dangerous household. The woman and her children are now safe; she is working and her children are thriving. In Kennewick, a single mother of five told how she lived in her subsidized apartment for seven years without a problem, when suddenly she faced being put out on the street for a matter involving one of her children. It turned out to be a case of mistaken identity. Legal aid protected her housing. For more information about this event or about how to get involved in ongoing efforts to support civil legal aid for low-income people, please contact the Equal Justice Coalition at 206-447-8168 or equalj@ejc.org. 19th Annual Goldmark Award Luncheon The Legal Foundation of Washington will present the 2005 Charles A. Goldmark Distinguished Service Award to Ada Shen-Jaffe at the 19th Annual Goldmark Award Luncheon. The luncheon will be held Friday, February 18, 2005, at the Emerald Ballroom of the Red Lion Hotel on 5th Avenue between 12:00 p.m. and 1:30 p.m. Ms. Shen-Jaffe receives the award in recognition of her leadership in the equal justice community both in Washington and nationally. Ms. Shen-Jaffe has played a key role in the architecture and strategy of civil legal justice since 1981, when she became Deputy Director of Evergreen Legal Services, which later became Columbia Legal Services, which she directed for the last 18 years. Joaquin Avila, Visiting Professor at Seattle University School of Law, MacArthur Fellow and noted authority on minority voting rights issues, will give the keynote address. The Goldmark Award honors the memory of Charles A. Goldmark, Seattle attorney, community leader, and ardent supporter of access to justice. Mr. Goldmark served as the Legal Foundation's president at the time of the tragic assault that led to his death in 1986. The public is invited to attend the luncheon, which pays tribute to all the volunteer lawyers and legal aid providers in Washington state. The Legal Foundation is a not-for-profit organization that has distributed over $70,000,000 for legal aid to the poor since 1985. Visit www.legalfoundation.org or contact Barbara C. Clark at 206-624-2536 for more information about the Goldmark Award and the IOLTA program. Third-Party Liability Information If your client is involved in a personal injury case and has received or is receiving medical assistance (Medicaid) payments for medical care, you are required to contact the Department of Social and Health Services (DSHS). RCW 43.20B.060 places a lien against any settlement or judgment your client receives from a third party that is responsible for your client's injuries in order to reimburse the medical bills that have been paid by Medicaid. Before settling your client's claim with the third party and/or the client's insurance company, please supply the information that DSHS requires by contacting the COB Casualty Unit of DSHS at 800-562-6136; or writing to COB Casualty Unit, PO Box 45561, Olympia, WA 98504-5561; or visiting ww.fortress.wa.gov.dshs/maa/ltpr. Failure to pay any lien imposed by the department on any settlement or judgment obtained by your client can subject you to personal liability for any funds improperly distributed. (RCW 43.20B.070.) The 18th Annual Northwest Minority Job Fair was held October 2 at the Seattle offices of Dorsey & Whitney LLP, the host of the event for the second year. The job fair attracted 250 law students from around the country and 35 Northwest regional employers looking to interview and hire. The event, which was solely for law students and legal employers, was sponsored and funded by a consortium of private- and public-sector legal employers from the Northwest to give law students the opportunity to meet regional employers and fellow law students from across the country. The 250 law students came from 33 law schools around the nation, and participating employers included Dorsey & Whitney, Davis Wright Tremaine, the King County Prosecuting Attorney, Microsoft, the U.S. Coast Guard, and the Washington State Office of the Attorney General. Sponsors included the Asian Bar Association of Washington, the King County Bar Association, the Ethnic Diversity in the Legal Profession Committee, the King County Bar Foundation, Seattle Area Legal Recruiting Administrators, Seattle University School of Law, and the Latina/o Bar Association. |
