December 2004

2003-2004 WSBA Section Reports

Administrative Law
The WA Administrative Law Practice Manual was extensively updated in fiscal year 2004. Issues related to the Public Records Act continue to be actively litigated, and the Legislature and judiciary continue to interpret and redefine this area of law. Accordingly, the section produced two heavily attended seminars regarding public disclosure of government records. The section is coordinating the authoring and publication of a WA Public Disclosure Act Practice Manual that will provide expert reference materials for legal representation in both the private and public sectors. The section presented a CLE program regarding alternative dispute resolution in administrative proceedings and contributed financial resources to the Unemployment Law Project and the WSBA Loan Repayment Assistance Program.

Animal Law
The executive committee met five times, which included a “cyberspace” meeting. The section organized a second successful full-day animal law CLE in March. Two mini CLEs were also offered. The section compiled one large newsletter during the year, complete with case summaries, member profiles, philosophical articles, ALS committee reports, book reviews, and more. Although there is discussion about increasing the number of newsletters published this year, there is ongoing debate about whether publishing several smaller newsletters is better than fewer, more substantial newsletters.

Construction Law
The section conducted a well-attended and profitable midyear CLE in June, and conducted member forums on the Seattle Monorail Project, DOT, Sound Transit, and the Regional Transportation Investment District. Legislative activities included review of legislation with University of Washington Professor Steve Goldblatt. The section operates a members-only list serve and offers a quarterly newsletter. The section is working to complete proposed jury instructions for construction-law issues. Upcoming priorities include preparing the June 2005 CLE and upcoming forums; conducting CLEs or forums, or both, in Eastern Washington; completing the proposed jury instructions; and increasing involvement in reviewing and commenting on proposed legislation.

Creditor-Debtor
The executive committee held four meetings in addition to an annual meeting. Each year the section co-sponsors the Northwest Bankruptcy Institute CLE. This year set a record attendance of 274. The section completed publication of the Bankruptcy Case Law Digest for Washington State, Third Edition; sales provided the section with funds for pro bono creditor/debtor programs statewide. The section contributed $10,250 toward community-based programs. It authored and sponsored the Revised Receivership Statute, SB 6189, adopted by the Washington State Legislature on March 10, 2004. This after 10 years of revisions and lobbying! Current membership benefits include a list serve, website, newsletter, digest discount, and member directory, as well as the annual practice-area-skill-development seminars held in December.

Dispute Resolution
This year’s accomplishments include completion of the new, user-friendly ADR Provider Directory; donations of three $2,500 scholarships to student/summer-intern programs; participation in providing input to the WSBA Legislative Committee on the proposed UMA and RUAA — section Chair Nick Wagner has diligently worked as chair of the UMA-RUAA Work Group, analyzing the proposed legislation and conducting forums in order to receive input from various dispute resolution providers and those with an interest in the proposed legislation; and the great success of the 13th Annual Northwest Dispute Resolution Conference, with increased attendance of 335. Many positive changes are planned for the coming year, the first being implementation of a speakers’ committee.

Elder Law
Four well-attended CLEs were sponsored or co-sponsored: Vulnerable Adult Symposium, Special Needs Trusts, the Annual Elder Law CLE, and the Annual Meeting CLE. The section monitored legislation, including a bill to amend the bonding/blocking requirements in guardianships; worked on GR 31, electronic access and privacy issues; created an ad hoc group to work on ways to improve the Vulnerable Adult Statute; and advocated for increase in the Medicaid Medically Needy Income Level. The section provided grants to the Dispute Resolution Center in Yakima/Kittitas, Northwest Regional Council in Bellingham, Northwest Health Advocates in Seattle, and a law fund designated for Columbia Legal Services’ work for seniors.

Environmental and Land Use Law
The section hosted a successful midyear meeting and CLE at Rosario Resort in mid-May 2004. The CLE provided $3,100 in revenue for the section. The section’s quarterly meetings and CLEs were also well attended. The section has completed a special project with a consultant to develop an environmental and land-use-law curriculum for high school students, which will be marketed and disseminated in 2005. The section newsletter and CLEs continue to be the most important member benefits offered.

Family Law
The section held its midyear meeting and skills-training seminar in the spring. Attendance at the seminar was cut off at 90, and for the first time some lawyers had to be turned away. The section also submits a regular column to De Novo. The section publishes a newsletter several times a year and a “hotsheet” with time-sensitive information to the membership. It also maintains a list serve where registered members can ask questions on a variety of topics. The section continues to be very active in responding to queries from the state Legislature on family law bills, this year tracking more than 30 bills on various issues affecting families and children.

Health Law
The section has not been active for some time. In fiscal 2004, the WSBA put out a call for volunteers to serve as the executive committee. Four people responded and were subsequently elected to serve. WSBA approval was gained for waiving section dues in fiscal 2005 for people who were section members in 2004. A free mini-CLE is scheduled and a member survey will be sent out in November. A section website is being developed where useful links will be posted.

Indian Law
On August 5, in Atlanta, the ABA’s General Practice, Solo and Small Firm Section presented the Indian Law Section and the Northwest Indian Bar Association (NIBA) with the Solo and Small Firm Project Award. The award acknowledges the success of the Indian Law Section and NIBA’s Indian Legal Scholarship Program, which has raised and donated over $30,000 in scholarships to aspiring Indian lawyers from Washington, Oregon, Idaho, and Alaska since 2003. On October 22, the WSBA Board of Governors voted unanimously to include federal Indian jurisdiction on the Washington bar exam, effective the summer of 2007.

Intellectual Property
The section held its annual meeting in April in conjunction with its annual day-long CLE, electing two new members of the executive council and two new officers. The section inaugurated a CLE devoted to IP licensing. The section also inaugurated an aggressive campaign to reach out to IP students at the state’s three law schools, and established an annual scholarship for one IP student at each of the schools. The first awards will be made during 2004-2005. The executive council continued to monitor state legislative activities relevant to IP law, and to be available to advise on such matters as needed.

International Practice
In October 2003, the section sponsored a lunch forum on the issues of constitutional changes in newly independent states. In January 2004, the section hosted its first annual reception for law students. In April, the section hosted a special presentation conducted via videoconference by one of Russia’s leading international law experts, Dr. Vyacheslav V. Gavrilov, who discussed issues related to the status of foreign legal entities doing business in Russia, and the execution of foreign judgments, and presented practical information on the status of foreign legal entities in Russian courts. In June, the section held its annual meeting and retreat, where the board of officers was elected.

Labor and Employment Law
The fourth annual Labor and Employment Law Conference was held, and attendance fees were discounted for section members. Students from law schools were invited to the conference, and 10 students from each state law school received free registration and materials. The section worked closely with the Seattle University Labor and Employment Law Section, an organization of students interested in labor and employment law. The section is developing an outline for scholarship programs, labor and employment law internships, and summer jobs.

Law Practice Management and Technology
The annual Law Office Management Institute and EXPO were presented in March. The section also presented Winning Strategies, an award-winning seminar geared at new attorneys. Membership grew via assimilation of many members from the former General Practice Section. The section plans to offer scholarships to members in 2005, so they can attend legal tech shows.

Litigation
The section published an updated version of the Washington Civil Trial and Evidence Manual, Voir Dire to Verdict. A highlight in 2004 was the Midyear CLE, with featured speaker Sonja Hamlin, a trial consultant who earned rave reviews from those in attendance. Fiscal 2004 was also an active year for the Civil Rules Committee. The primary issues discussed were initial disclosures akin to CR 26 disclosures in Federal Court, expert report requirements, and the scope of CR 35, which permits examinations of plaintiffs by qualified professionals. After considering wide ranging input, the section came down in favor of expanding CR 35 but against adopting proposed changes to CR 26 regarding initial disclosures and expert reports.

Senior Lawyers
More than 200 people attended the annual meeting and seminar that was held at the SeaTac Marriott on April 16. The next annual meeting and seminar is scheduled for the same place, on April 22, 2005, where a select group of speakers will address legal subjects of interest to all lawyers. Life Begins, the section’s newsletter, was published quarterly. The section plans to work more closely with other sections and the WSBA Lawyers’ Assistance Program in 2005. The section plans to offer scholarships for members in 2005 to attend legal tech shows.

Tax Law
The section held its annual meeting in May 2004, elected new officers, and awarded a $5,000 scholarship to a graduate student. WSBA President Ron Ward attended, as did representatives of the Department of Revenue and the IRS, and about 30 UW graduate students. The section co-sponsored a joint seminar with the Washington State Society of Certified Public Accountants in January 2004. In May, the section sent out a detailed questionnaire to all section members in an effort to improve its service and relevance to its membership, and issued a follow-up survey in September. It has compiled the results, and intends to use the survey to address membership needs. The section intends to initiate a campaign to increase its membership.

World Peace Through Law
The section provided a monthly CLE program with featured speakers. Speakers have included a Marine JAG, a lawyer/priest from Chiapas, defense counsels for war crime trials in Serbia and Rwanda, and a former Nixon White House lawyer. The section continues to present the annual Ralph J. Bunche Award and Luncheon. The 2004 honoree was U.S. Representative Jim McDermott, selected for his action in support of the rule of law in foreign affairs. Through the Books for Troops Program, books and other media were collected to send to members of the Washington State National Guard serving in Iraq. The unofficial position of outreach coordinator has helped recruit law students, law faculty, and members of non-lawyer groups to participate in section activities.

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