February 2007

Sections

Administrative Law Section

The Administrative Law Section’s leadership, especially Steve Marshall and Larry Berg, ensured that the Public Records Deskbook was published in a timely manner in September 2006. The quarterly newsletter, produced by former section chair and current treasurer, Larry Berg, continued to report on developments in administrative law, and connecting and keeping informed the section’s members. The section’s Leadership Council continued to provide direction for recognition of the leaders in the administrative law field. Led by Dean Little, Patrick McIntyre, C. Robert Wallis, Judith Endejan, and Larry Berg, the Leadership Council managed the selection of our 2006 Frank Homan Award recipient, Prof. William R. Andersen, UW Emeritus Professor of Law, and the award process. (Note: See photo on page 52.)

The Young Lawyers and Diversity Program, coordinated by Kristine Wilson and Cindy Gideon, produced a successful career-development lunch. Michael Bahn, the section’s CLE coordinator, organized the seminar “Washington’s Public Disclosure and Open Public Meetings Laws,” which took place at the Washington State Convention Center in September 2006.

Animal Law Section

The Animal Law Section (ALS) Executive Committee met four times this year through teleconference. The section had one general membership meeting in December 2005, which included a mini-CLE and a catered vegan dinner. The section also held its fourth full-day animal law conference and CLE in April 2006, in conjunction with the WSBA CLE Department. The subjects included landlord/tenant laws relating to animals, animal law in times of crisis, Indian law and the treatment of animals, legislative updates, dog-bite laws, and a discussion of animal testing in Vioxx litigation. ALS is currently planning another full-day animal law conference and CLE in 2007. ALS hopes to offer more mini-CLEs during the next fiscal year and forge greater interaction with the public and law schools by publishing brochures on animal law topics.

For the first time this year, the section also sponsored a student in a national animal law moot court competition. The section has budgeted funds for future competitions and hopes to make this a regular part of our member-benefit program.

Business Law Section

The Business Law Section recently completed and circulated the ambitious Washington Business Corporations Act (RCW 23B) Sourcebook. The Sourcebook was distributed to its members, including supplements, as well as periodic newsletters addressing current topics of interest to members.

The Corporate Act Revision Committee tackled revisions to the corporate dissolution provisions of RCW 23B. Also, the section’s Securities Law Committee worked hard on reviewing and commenting on the proposed Washington Uniform Securities Act, which would replace in its entirety the current Securities Act in RCW 21.20. The section is also currently expanding its website, which will contain some content accessible only to members.

The section continues its support of Washington Attorneys Assisting Community Organizations (WAACO), a statewide organization that matches volunteer attorneys with charitable and community-based nonprofits. At the ABA’s 2005 Business Bar Leaders Conference in Chicago, WAACO was specifically recognized as an effective model of how business lawyers could provide meaningful pro bono services. The section also solicited executive committee nominees from minority bars, and looks forward to continuing its commitment to diversity in the coming year.

Construction Law Section

During the last year, the Construction Law Section sponsored a well-attended and profitable midyear meeting on construction contract clauses. The section also initiated a half-day CLE in Spokane last fall, making midyear presentations available to both sides of the state. This will become an annual event. One of the topical issue forums held throughout the year was a December 2005 debate on the impacts of the Mike M. Johnson decision and whether legislation should be introduced to modify that decision. The section also published a quarterly newsletter. Priorities for the coming year include planning the annual midyear and forum series, increasing local events for members in Eastern Washington, and completing standard jury instructions.

Dispute Resolution Section

Over the last membership year, the Dispute Resolution Section (DRS) sponsored free mini-CLE lunchtime presentations for its members on a variety of subjects of interest, including implementation of the Uniform Mediation Act, crisis negotiations, dispute review boards, decision analysis as an ADR tool, arbitrating for the NASD, and mediating in New Orleans in the aftermath of hurricanes Katrina and Rita.

The section held its annual meeting and day-long CLE seminar, “Can You Hear Me Now?!...What Mediators, Arbitrators and Litigators Really Want to Say to Each Other,” in September 2006. The program was developed in collaboration with the WSBA Litigation Section and administered by the WSBA CLE Department.

During the 2006 fiscal year, the DRS maintained sponsorship of two summer legal internships in the field of dispute resolution. DRS was also a co-sponsor with the University of Washington School of Law for the 14th Annual Northwest Dispute Resolution Conference, a two-day CLE program that showcases national and local experts and practitioners in the conflict resolution arena.

Priorities for the section during the next fiscal year include continuation of the summer DRS internship program, which offers grants to a law student from each of the Washington state law schools; co-sponsorship of the 15th annual Northwest Dispute Resolution Conference; examination of ways to increase diversity within the mediation profession; improvement of the section’s website and its online directory and quarterly newsletter; providing up-to-date information about court decisions pertinent to ADR practice; and development of a roadshow program with other WSBA sections and local bar associations on the use of ADR in collaboration.

Environmental and Land Use Law Section

The Environmental and Land Use Law Section (ELUL) hosted six quarterly free mini-CLEs, including three forums on Initiative 933 hosted in Seattle, Vancouver, and Spokane. ELUL also hosted an all-day CLE in the fall on administrative law practice, as well as a three-day midyear meeting in May 2006 in Ocean Shores. The section continues to be active with law student environmental law organizations and provided scholarships and grants for these groups during 2006. In addition, ELUL produced three lengthy editions of the ELUL newsletter during the fiscal year.

Section members are encouraged to attend the midyear meetings, which are held each year in a resort location. Each of the free CLEs includes a catered social hour hosted by the section where attendees can network, discuss recent trends in environmental and land use law, and have follow-up conversations with the speakers. Members are eligible for scholarships for the section’s fee-based programs, including individual scholarships of up to $500 to attend the midyear meeting. Starting in 2006, the section plans to fund these scholarships through donations from law firms. Some of the goals set for the upcoming year include how to raise revenues, sponsorship of a winter CLE focusing on water quality and supply, and a May 2007 midyear meeting to be held in Chelan.

Family Law Section

The Family Law Section held its highly successful annual midyear in Walla Walla in June 2006. With more than 200 section members in attendance, the seminar provided intermediate to advanced instruction in areas of family law and provided members with social and networking opportunities. The section once again provided a low-cost “skills training” seminar in the spring. This year’s seminar focused on alternative dispute resolution processes, including settlement negotiations and mediation. The seminar also introduced practitioners new to family law to the concept of collaborative law and helped identify ways in which family law lawyers can help their clients reduce conflict.

The Family Law Section reviewed and commented on numerous pieces of legislation of concern to family law litigants and testified on behalf of, or against, several proposed bills, including a bill that would mandate specific parenting schedules.

The section was honored to work with the Washington Young Lawyers Division to provide free family law training for the Spokane Greater Access and Assistance Project (GAAP). The section donated $5,000 to LAWFund and to Habitat for Humanity for rebuilding homes in Louisiana in the aftermath of Hurricane Katrina. The Family Law Section also donated $2,000 to the King County Bar Association for creation of its manual for Title 26 guardians ad litem. The executive committee also worked with the Washington State Gender and Justice Commission to put together a successful sold-out CLE held in October 2006 on family law and domestic violence.

The Family Law Section’s goals for fiscal year 2007 include the introduction of legislation intended to improve child-support law; prevention of passage of laws and rules that will harm family law litigants in Washington; contributing to programs designed to improve access to justice for family law litigants; and continuing to provide quality seminars.

Indian Law Section

In April 2006, the Indian Law Section hosted its 18th annual CLE, “Contemporary Legal Challenges in Indian Country.” Renowned leader Billy Frank Jr. provided the keynote address, and topics included ethics in lobbying, state-tribal relations, financing economic development, and environment and treaty rights. The section hosted its annual membership meeting in September 2006. Two Indian Law newsletters were produced, covering a wide variety of Indian law issues. The section also collaborated with the Northwest Indian Bar Association to gift stipends in amounts up to $1,000 each to five Native American students to offset costs associated with preparation for the bar exam.

International Practice Section

The International Practice Section’s annual membership meeting was held in July 2006 to thank outgoing executive committee members and elect new executive committee members. Additional networking events included a meeting with the Consular Association of Washington in September 2005, the 2005 Annual Foreign Lawyers Reception, and the 2006 Annual Law Student Reception in February 2006.

Beginning in June 2006, the section worked with the Washington Association of Immigration Lawyers, the South Asian Bar Association of Washington, and the Latina/o Bar Association of Washington to propose a motion to the WSBA Board of Governors in support of the ABA position on immigration reform. The proposal was unanimously adopted by the BOG on September 15, 2006.

Litigation Section

The Litigation Section hosted a midyear CLE seminar, “Elements of Litigation, Advanced Strategies, Techniques and Demonstrations from Both Sides of the Bar.” For the first time, the section’s CLE featured an interactive live broadcast and real-time feed to seminar participants in Wenatchee.

Goals discussed for the upcoming fiscal year include a continued positive relationship with the BOG, with the executive committee represented at every Board of Governors’ meeting; a task force created by WSBA President Ellen Conedera Dial to investigate and address the proliferation of local rules, with the Litigation Section taking an active role; and expansion of the interactive live broadcast of midyear CLE to at least two locations in eastern Washington to improve access for our members throughout the state.

Real Property Probate and Trust Section

The Real Property, Probate and Trust Section (RPPT) held its annual midyear meeting in June 2006. The section maintains a very active website and publishes a highly valued quarterly newsletter. The section also created a membership directory located in the members-only portion of the section’s website.

A subcommittee has been created to address practice issues relating to the recent adoption of revised Rules of Professional Conduct, most specifically RPC 1.15A. The subcommittee intends to educate section members on the new requirements of this rule and provide a report to the Washington State Supreme Court in the coming months. In the coming year, RPPT will sponsor its annual midyear, the trust and estate litigation seminar, fall real estate seminar, and a joint seminar with the Family Law Section.

Senior Lawyers Section

The Senior Lawyers Section annual meeting and seminar, held in April 2006, continued to see increased attendance. The executive committee now has representation from eastern Washington and is working to put on the 2007 annual meeting. The section publishes a quarterly newsletter. Several members of the executive committee assisted in a CLE provided for senior lawyers held in conjunction with the WSBA’s Annual 50-Year Member Tribute Luncheon in September 2006.

Taxation Law Section

The Taxation Law Section’s highlights for 2006 included an annual luncheon where the section’s annual $5,000 scholarship was awarded to a graduate student in tax law; sponsorship of a Circular 230 CLE; and periodic e-mails circulated on legislation of interest.

Current benefits that section members receive include resources available on the section’s website, member and committee list serves, a newsletter, publications, practice-area skill-development seminars, and directories. Some decisions were made this past year regarding the future of the section, including financial designations for scholarships, donations, and grants awarded to students from Seattle University; expanding member benefits and renewals; identifying new CLE opportunities; and increasing the number of CLE offerings.

Committees

Alternative Dispute Resolution Committee

This year, the Alternative Dispute Resolution Committee divided into three subcommittees: training seminar, policy review, and program promotion. The training seminar held in May 2006 was very successful, with 73 participants. Committee member and Dispute Resolution Section Chair Marilyn Endriss wrote an article for Bar News that is awaiting publication. WSBA staff members Natalie Cain and Chris Sutton have been working on a poster that can be placed in courtrooms around the state as well as other public spaces.

Bar Examiners Committee

As always, the goals of the Bar Examiners Committee are to design, develop, and administer two quality bar examinations; to train and develop new examiners through the use of a BOG-mandated training session and the use of the Question Bank; and to maintain good relationships with other bar exam organizations and communities throughout the state and nation.

Activities for the past year included the implementation of laptop testing for the bar exam. The Bar offered its first laptop exam for the winter 2006 exam. The committee continues to be involved in the process of studying whether it is feasible to administer the Washington exam in more than one location. A survey of the applicants taking the 2005 summer exam determined there was significant interest in having the exam administered in Spokane as a second site.

Continuing Legal Education Committee

The Continuing Legal Education Committee was formed to provide program input to the CLE director. The committee formed four subcommittees: quality control, technology, programs, and sections and external relations. The quality control subcommittee focused on creating a branding image to ensure members of the highest quality in connection with a WSBA-CLE program. The technology subcommittee is working towards integration of web-based legal education programs. This program is at the center of the required new preadmission education and represents the first stage of the new training and orientation program.

The programs subcommittee continues to identify appropriate programming and to provide assistance to WSBA staff in identifying qualified faculty. The sections and external relations subcommittee continues to build strong relations with the sections and works closely with members to improve service. In March 2006, the Board of Governors agreed to extend the terms of committee members from one year to three years to allow for greater continuity of the committee.

Court Rules and Procedures Committee

The Court Rules and Procedures Committee presented its annual report to the Board of Governors at the July 2006 board meeting.

Judicial Recommendation Committee

The Judicial Recommendation Committee conducted a mandatory orientation for new members. Many returning members also attended the session. The committee interviewed eight candidates and is continuing to fine-tune interview questions asked in pre-interview reference checking and during the interview process. The Board of Governors approved additional meetings of the committee of up to four per year.

Lawyers Assistance Program Committee

Efforts to make the services of the Lawyers Assistance Program (LAP) Committee known to the membership of the Bar continued with the presentation of a LAP production on active listening. The statewide conference in Chelan in April 2006 was very successful and well-received. The conference provided an opportunity for peer counselors and other interested parties to get together to share ideas. A subcommittee was formed to make recommendations for marketing LAP services at the three Washington state law schools. In order to facilitate outreach at the law schools, the subcommittee recruited a member of the Washington Young Lawyers Division to join the subcommittee’s efforts.

Public Information and Media Relations Committee

The Public Information and Media Relations Committee focused on compiling a list of popular websites containing legal information to distribute to professional journalists. The committee also conducted a forum entitled “Judging the Judges — What You Need to Know About the Judicial Elections,” with former King County Superior Court Judge Robert Alsdorf and committee members Darwin Roberts, Rea Culwell, and Rob Boggs. The one-hour program was moderated by KOMO-TV reporter Michelle Esteban at the King County Superior Court and aired on TVW and the Seattle Channel throughout the fall election season.

Rules of Professional Conduct Committee

For fiscal year 2006, the Rules of Professional Conduct Committee had two significant goals: to provide timely responses to inquirers, and to review prior formal opinions to determine whether a recommendation should be made to the Board of Governors that opinions should be withdrawn or modified. The latter goal was instituted because significant changes to the RPCs had been proposed to the Washington State Supreme Court. The committee devoted considerable energy to questions about networking organizations and inquiries about whether membership in various organizations would violate RPC 7.1 and 7.2.