|
|
|
 |  |
 |
 |
WSBA Info | |
|
For Lawyers | |
|
For the Public |  |
 |
For the Media |  |
|
CLE |  |
| | Bench Bar Guidelines | News Releases | Publications | |
|
|
December 2005FYICommission on Judicial Conduct Application Deadline: February 1, 2006 The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving the remaining two years of a four-year term on the Commission on Judicial Conduct, with the ability to reapply for a full four-year-term appointment. The goal of the Commission is to maintain confidence and integrity in the judicial system by preserving judicial independence and public accountability. The public interest requires a fair and reasonable process to address judicial misconduct or disability, separate from the judicial appeals system that allows individual litigants to appeal legal errors. The Commission reviews new complaints, discusses the progress of investigations, and takes action to resolve complaints. The Commission consists of 11 mem-bers who serve four-year terms — six nonlawyers, three judges, and two lawyers. The lawyers must be admitted to the practice of law in Washington and are selected by the WSBA. The term will commence upon appointment. Please submit a letter of interest and résumé to: Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail barleaders@wsba.org. Washington State Access to Justice Board Application deadline: December 31, 2005 The Washington State Access to Justice (ATJ) Board announces three vacancies, effective May 2006, for (1) a representative from the Legal Foundation of Washington and (2) two at-large members. These positions are for attorneys. The Washington State Supreme Court established the Access to Justice Board in 1994 to assure equal access to the civil justice system for those facing economic and other significant barriers. The ATJ Board works to achieve this mission through the oversight of its State Plan for delivery of civil legal aid; coordinating and implementing statewide initiatives for improving access for unrepresented and underrepresented populations in Washington state; and building leadership, funding, and other support for equal access to the civil justice system. The ATJ Board consists of nine members, including up to two lay members, selected on the basis of a demonstrated commitment to, and familiarity with, access to justice issues. Board members may serve up to two three-year terms. The ATJ Board has approximately seven full-day meetings throughout the year in Seattle. Additionally, the Board has an annual retreat and meets at the annual Access to Justice Conference. Travel expenses are reimbursed. Responsibilities of ATJ Board members include attending Board meetings and the annual planning sessions; serving as liaison to at least one Board committee; and actively participating in Board initiatives. The Access to Justice Board strives to have a membership that reflects ethnic, gender, geographic, and other diversity. For more information about the Access to Justice Board, please contact WSBA Justice Programs Manager Joan Fairbanks at 206-727-8282 or joanf@wsba.org, or visit www.wsba.org/atj. Please submit a résumé and letter of interest including a summary of qualifications to the Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail barleaders@ Board of Governors Election Three positions on the WSBA Board of Governors will be up for election in 2006: governors representing the 1st, 5th, and 7th-West congressional districts. These positions are currently held by Kristin G. Olson (1st District), Michael Pontarolo (5th District), and Mark Johnson (7th-West District). The WSBA Bylaws provide that any member in good standing, except a member previously elected to the Board of Governors, may be nominated* for the office of governor from the congressional district (or geographical region within the 7th District**) in which such member is entitled to vote. Nominations are made by filing a statement of interest and a biographical statement of 100 words or less. Generally, members are entitled to vote in the congressional district in which the member resides. All out-of-state active WSBA members are eligible to vote in the district of the address of their agent within Washington for the purpose of receiving service of process as required by APR 5(e), or, if specifically designated to the executive director, within the district of their primary Washington practice. Nomination forms are available from the Office of the Executive Director, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or by calling 206-727-8244, or at www.wsba.org. The WSBA executive director must receive nomination forms by 5 p.m. on Wednesday, March 1, 2006. The Board of Governors determines the official dates of the election. Ballots will be mailed on or about April 15. *Biographical statements of nominated candidates will be published in the May issue of Bar News. **The 7th Congressional District is divided into three sub-districts: East, Central, and West. These sub-districts are distinguished by zip codes, and each has one elected governor. For 2006, the west sub-district (zip codes: 98013, 98070, 98106, 98107, 98116, 98117, 98119, 98121, 98126, 98133, 98136, 98146, 98160, 98177, 98190, 98195, 98199) will elect a new governor. 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 his or her 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 responsible for your client’s injuries — which includes his or her own insurance coverage — in order to reimburse the medical bills paid by Medicaid. Before settling your client’s claim with the third party or the insurance company, contact the Coordination of Benefits (COB) Casualty Unit of DSHA at 800-562-6136, or write to COB Casualty Unit, PO Box 45561, Olympia, WA 98504-5561, or visit the DSHS website at fortress.wa.gov/dshs/maa/LTPR/PersonalInjury.html. Failure to pay any liens 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 43.20B070). YMCA Mock Trial Program Seeks Volunteers The YMCA Youth and Government Mock Trial Program allows high-school students to participate in a “true-to-life” courtroom drama. Each team of attorneys and witnesses prepares the case for trial before a real judge in an actual courtroom. A “jury” of attorneys rates teams on their presentations, while the presiding judge rules on the motions, objections, and ultimately the merits. Participants develop critical-thinking and analytical skills, learn the art of oral advocacy, and gain a respect for the law and the judiciary. The state championship competitions will be held Friday, March 24, through Sunday, March 26, 2006, at the Thurston County Courthouse in Olympia. Volunteer attorney raters and judges are needed. To volunteer, please contact Janelle Nesbit at 360-357-3475 or youthandgovexec@qwest.net. Please visit www.youthandgovernment.org for more details. PILA Benefit Auction The Public Interest Law Association (PILA), a nonprofit organization run by University of Washington law students, is hosting a benefit auction to help fund a loan repayment assistance program and a summer grant program for law students who accept unpaid legal internships. Since 1995, PILA has awarded over $320,000 in grants supporting work at a wide range of public-interest organizations, including the Northwest Justice Project, the Unemployment Law Project, and Columbia Legal Services. The benefit will be held on February 10, 2006, from 5 to 10 p.m. at the W Hotel in downtown Seattle. For more information, contact Katie Meyer at 206-543-8899 or katie@uwpila.org. WSBA-CLE Delivers in December Take advantage of all the ways WSBA-CLE makes it easy to earn end-of-year MCLE credits. Live seminars, live credits — 18 in December. For a complete listing and registration information, visit the CLE webpage at www.wsba.org/cle/seminars/default.htm. WSBA-CLE online Internet seminars for A/V credits — 100 segments in more than 20 practice areas. Visit www.wsba.org/cle/online.htm. Audio seminars for A/V credits — order from the online store at www.store.-yahoo.com/wsbastore. Express delivery is available, or come to the December CLE onsite bookstore for a limited selection of audio seminars and save on shipping. December 19 to 30 at the WSBA office: Monday through Friday, 9 a.m. to 4:30 p.m. (closed on December 26 and open from 9 a.m. to noon on December 30). WSBA Court Rules and Procedures Committee to Review General Rules (GR) The WSBA Board of Governors has authorized the Court Rules and Procedures Committee to undertake a comprehensive evaluation of the General Rules (GR) in 2005-2006. This will be the first time the General Rules have been included in the Committee’s quadrennial cycle of review of the Washington Court Rules. The Committee invites interested persons to submit suggestions for adoption, amendment, or repeal of a General Rule. Please address suggestions to Douglas Ende, staff liaison to the Committee, at 206-733-5917 or WSBACourtRules@wsba.org. More information about the Committee is available on the WSBA website at www.wsba.org/lawyers/groups/courtrules. Watch The Docket on TVW On January 1, a new program covering Washington’s legal system, The Docket, makes its debut. This half-hour magazine-style program, featuring interviews, reviews of recent Supreme Court cases, and educational segments, will air Sunday nights at 8 p.m., with frequent rebroadcasts. Twelve programs will be produced in 2006. Program host will be University of Washington School of Law Dean Joe Knight. The WSBA is pleased to work with TVW and support production of The Docket. Special thanks to the WSBA Family Law; Real Property, Probate and Trust; and Senior Lawyers sections for their generous financial contributions. 20th Annual Goldmark Award Luncheon The Legal Foundation of Washington will present the 2006 Charles A. Goldmark Distinguished Service Award to the Washington State Supreme Court at the 20th Annual Goldmark Award Luncheon. The luncheon will be held Friday, February 17, 2006, at the Washington State Convention & Trade Center in Seattle between 12 and 1:30 p.m. The Goldmark Award honors the memory of attorney Charles A. Goldmark — community leader and ardent supporter of access to justice. Goldmark served as the Legal Foundation’s president at the time of the tragic assault that led to his death in 1986. The program will include remarks from Goldmark’s brother Peter to commemorate the 20th anniversary of this award. The public is invited to attend the luncheon where tribute is paid to all of the volunteer lawyers and legal aid providers in our state. Visit www.legalfoundation.org for more information. New Sexual Orientation and Gender Identity Legal Issues Section Considered This notice is posted pursuant to the WSBA Bylaws, Article IX, “Sections,” regarding a six-month prior notification of intent to establish a new Sexual Orientation and Gender Identity Legal Issues Section. For more information, please contact Rachel da Silva at 360-943-6260, ext. 203, or e-mail rachel.dasilva@ Opening Doors in the Legal Profession “Opening Doors in the Legal Profession” — the inaugural joint retreat with Washington’s minority bar leaders, the WSBA Committee for Diversity, and the WSBA Board of Governors Diversity Committee — was held October 15 at the law offices of Christensen, O’Connor, Johnson & Kindness PLLC in Seattle. The purpose of the retreat was to plan, organize, and coordinate common activities and events, with the goal of increasing diversity in our state’s legal profession and legal community. It was an excellent opportunity to share ideas and plans, and to get to know one another better. Resources Directory The 2006 Resources directory will print the contact information as it exists in the WSBA membership database on February 1, 2006. Now is the ideal time to check that your correct contact information is in the WSBA database. You can check by going to the online lawyer directory on the WSBA website at http://pro.wsba.org. If your contact information has changed, please complete and return the Contact Information Change form included in your license 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 no later than January 31, 2006, for inclusion in Resources. For more information, please see the WSBA website at www.wsba.org/licensing, or contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. Speakers Available The WSBA Lawyers’ Assistance Program offers speakers for engagements at county, minority, or specialty bar associations or other law-related organizations. Topics include stress management, life/work balance, and recognizing and handling problem-personality clients. For more information, contact Jennifer Favell, Ph.D., at 206-727-8267. WSBA Emeritus Training If you are considering changing your WSBA status in 2006, you might want to consider Emeritus. 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 provider (QLSP). A QLSP is a not-for-profit legal-services organization whose primary purpose is to provide legal services to low-income clients. There are no MCLE requirements for Emeritus attorneys. To register for the Emeritus training and for more information regarding Emeritus status, contact Sharlene Steele at 206-727-8262 or sharlene@wsba.org. New MCLE Compliance Report in 2006 License Packets All active members who are not due to report MCLE compliance at the end of this year, including new admittees, will receive a new report — the C4/C5 form — in their 2006 licensing packets. APR 11.6(a)(3) requires that the WSBA provide an annual report to all active members regarding the credits and courses posted to their MCLE online rosters. This new report will help nonreporting active members to better track their credits, ensuring correct reporting and compliance at the end of their reporting period. If you receive the new C4/C5 form in your 2006 license packet, it is for your information only. No action needs to be taken. If you need to make corrections to your WSBA MCLE roster, go to http://pro.wsba.org. Click on the “Member” tab, and then on “Member Login.” The online instructions will lead you through the process of creating a password and -using the system. Help is available online. You can also contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org to have corrections made or request an MCLE system instruction booklet. MCLE Certification for Group 2 (2003-2005) — Complete Credits by December 31, 2005 Active WSBA members in MCLE Reporting Group 2 must report compliance with MCLE credit requirements for the 2003-2005 reporting period at the end of this year. Members in Group 2 include active members who were admitted to the WSBA in 1976-1983 or in 1992, 1995, 1998, or 2001. (Members admitted in 2004 are also in Group 2 but are not due to report until the end of 2008. Their first reporting period will be 2006-2008, but any credits earned on or after the day of admittance to the WSBA may be counted for compliance.) If you are a Group 2 member, you will receive a Continuing Legal Education Certification (C2) form in the license packet that will be mailed to you at the beginning of December. The C2 form, not your online profile, is the official record of MCLE compliance. This form is an affidavit that lists all WSBA-approved courses that were on your 2003-2005 MCLE online profile at the beginning of October 2005. If you have taken other classes since the C2 was printed and they are all listed in your online profile, you may print and attach a copy of the online profile to the C2 form. Indicate on your C2 form that the attached profile is the true and correct record of the courses taken for the reporting period. Alternatively, you may simply add the additional WSBA-approved courses you took to the back of the C2 form (the C3 form). The deadline for completing the C2 form and returning it to the WSBA is February 1, 2006. All WSBA-approved courses you list on your C2 form must have an Activity ID number. This number is listed on your online MCLE profile and is assigned at the time the Form 1 for each course is reviewed. If you have taken courses that have not yet been approved by the WSBA, please submit Form 1s for these courses immediately to ensure that they are approved before your C2 is due. Form 1s submitted electronically (at http://pro.wsba.org) could take at least four weeks to process if they are submitted in October through February, due to high volumes. Paper Form 1s may take at least six weeks to process during the same period. If you submit a paper Form 1, you will be notified by mail of the Activity ID number assigned to it after the Form 1 is processed. If you have questions about the Form 1 process, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. See the section that follows for more information about MCLE compliance. MCLE Certification for Active Members Due Date for MCLE Reporting WSBA members are divided into three MCLE reporting groups based on year of admission. (Newly admitted members are exempt. See “Newly Admitted Members” below.) Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, 2003, or 2006. Credit Requirements. The following credit requirements must be met by December 31 of the last year of an active member’s reporting period: Carry-over CLE Credits. Carry-over credits from the previous reporting period may be used to meet the requirements of the current reporting period. If your current reporting period credits total exceeds 45, you may carry over a maximum combined total of 15 credits to your next reporting period. Only two ethics credits and five A/V credits may be carried over. C2 Reporting Requirement. All active members due to report are required to file a Continuing Legal Education Certification (C2) form with all CLE courses taken for credit compliance. The deadline for filing your C2 form is February 1 of the year following the end of your reporting period. Note: MCLE Late Fees/Noncompliance. 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 (the end of the grace period after the February 1 deadline), 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 2004, you will not report for this reporting period (2003-2005) even though you are in Group 2. You will first report at the end of the 2006-2008 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 Washington State Bar Association and your primary office for the practice of law is in Oregon, Idaho, or Utah, you may meet your mandatory CLE requirements by providing proof of current MCLE compliance. Only a Certificate of MCLE Compliance from your primary state bar (not a “Certificate of Good Standing”), sent with your Washington Continuing Legal Education Certification (C2) form, will satisfy your MCLE requirements in Washington. MCLE System — Course Listing and Member Profiles. Members can use the online MCLE system at http://pro.wsba.org to: 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 password and using the system. Online help is available. If you have any questions, see the online FAQs at www.wsba.org/lawyers/licensing/faq-mcle.htm, call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. 2006 License Fee Packets License packets will be mailed in early December. The packet includes your license fee invoice, trust account declaration form and, if applicable, the MCLE certification form. If you have not received your license packet by the first week of 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 it is your responsibility to pay your annual license fee, regardless of whether you receive the license packet. We encourage you to pay your mandatory fees promptly to avoid penalties. Payments must be postmarked or delivered to the WSBA office by these dates: If the annual license fee remains unpaid after March 1, 2006, WSBA bylaws require a 20 percent late-payment penalty. After April 1, 2006, a 50 percent late-payment penalty is imposed. If your license fee, penalty assessment, or Lawyers’ Fund for Client Protection (LFCP) assessment remains unpaid after May 2006, 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 (required by APR 15) is also cause for suspension. You may also pay online by visiting the WSBA website at www.wsba.org. Click on the “For Lawyers” tab, then click on “Pay License Fee Online.” Computer Clinic The WSBA offers a hands-on computer clinic for members wanting to learn more about what Microsoft Office programs — such as Outlook, PowerPoint, Excel, and Word, as well as Adobe Acrobat 6.0 — can do for a lawyer. Are you a total beginner? No problem. The clinic teaches helpful tips you can use immediately. Computers are provided, and seating is limited to 15 members. There is no charge, and no CLE credits are offered. The next clinic will be held on January 9, 2006, from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org. More LOMAP Events LOMAP hosts a meeting of contract lawyers the first Tuesday of each month. The next meeting will take place December 6 from noon to 1:30 p.m. at the WSBA office. The December dates for “LOMAP & Ethics … on the Road: The 2005 Traveling Seminar” are December 1 in Bellevue, December 7 in Spokane, and December 13 in Seattle. Registration is $79, and each seminar has been approved for four CLE credits, including two ethics credits. For more information, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org. Seeking Applications from Judicial Candidates Application deadline: February 28, 2006 The WSBA Judicial Recommendation Committee is currently accepting applications from attorneys and judges seeking consideration for appointment to fill potential vacancies on the Washington State Supreme Court and Court of Appeals. Candidates will be interviewed by the Committee in March 2006. Applications must be received at the WSBA office by 5 p.m. February 28, 2006. The Committee’s recommendations are reviewed by the WSBA Board of Governors and then referred to the state governor, who then reviews the recommendations when making judicial appointments. If you are interested in scheduling an interview, please contact the WSBA at 206-727-8239, or e-mail barleaders@wsba.org, to obtain an application. Please specify whether you need the application designed for a judge or an attorney. Applications may also be downloaded at www.wsba.org/lawyers/groups/judicial Upcoming Board of Governors Meetings December 9-10 — Bremerton, January 12-13 — Olympia, March 3-4 — Seattle. 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/schedule.htm. Usury Rate The average coupon equivalent yield from the first auction of 26-week treasury bills in November 2005 was 4.303 percent. Therefore, the maximum allowable usury rate for December is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm. Job Seekers Discussion Group Looking for a job or making a transition? Join us at the Job Seekers Discussion Group the second Wednesday of each month from noon to 1:30 p.m. The group discusses where to look for jobs, how to use your network of contacts, strategies for résumés and cover letters, and how to keep yourself organized and motivated. Exchange information and ideas with other lawyers looking to make a change. Come as you are — no need to RSVP. For more information contact Rebecca Nerison, Ph.D. at 206-727-8269 or rebeccan@wsba.org. LAP Solution of the Month: Financial Stress How fiscally sound is your law practice? Do you struggle with untimely billing or failing to collect your receivables? Financial stress can wreak havoc on a law practice. For help with getting your firm onto a stable financial footing, call the Law Office Management Assistance Program at 206-733-5914. Contact Information APR 13(b) requires all attorneys to update their office address and telephone number within ten days of the change. You can check your listing by going to the online lawyer directory at pro.wsba.org. If any of your contact information (name, address, phone number, 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. APR 13(c), which went into effect on September 1, 2005, provides: “Electronic mail address: An attorney should advise the Washington State Bar Association of a current business electronic mail address if one exists. An attorney whose business electronic mail address changes should, within 10 days after the change, notify the Executive Director of the Washington State Bar Association, who shall forward changes weekly to the Office of the Clerk of the Supreme Court for entry into the state computer system. Use of electronic mail addresses for court notice, service and filing must comply with GR 30.” Please note: If you list a home address as your public contact address, that address will be provided to all inquirers as your contact information. All requests for contact information changes must be made directly by the member or with the member’s demonstrated approval. Learn More About Case-Management Software The WSBA’s Law Office Management Assistance Program (LOMAP) office maintains a computer for members to review software tools designed to maximize office efficiency. The LOMAP staff is available to provide materials, answer questions, and to make recommendations. To make an appointment, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org.
|
