August 2006

FYI

WSBA Seeks Board and Committee Members

The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving on the following boards and committees. Members should submit letters of interest and résumés to: WSBA, Bar Leaders Division, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail: barleaders@wsba.org. (Letters of interest and résumés are also required for incumbents seeking reappointment.)

Legal Foundation of Washington Board of Trustees

Application deadline: November 1

The Legal Foundation of Washington seeks one member to serve a two-year term on its board of trustees commencing on January 1, 2007. Incumbents are eligible for reappointment (up to two consecutive terms). The Legal Foundation of Washington is a private, not-for-profit organization that promotes equal justice for low-income people through the administration of IOLTA and other funds. Trustees should have a demonstrated commitment to, and knowledge of, the need for legal services and how these services are provided in Washington. For more information, e-mail caitlindc@legalfoundation.org.

Limited Practice Board

Application deadline: September 29

The WSBA Board of Governors seeks three candidates for appointment to the Limited Practice Board, which oversees administration of, and compliance with, the Limited Practice Rule (APR 12) authorizing certain lay persons to select, prepare, and complete legal documents pertaining to the closing of real estate and personal-property transactions. The candidate's names will be submitted to the Washington State Supreme Court for appointment and will serve four-year terms commencing January 1, 2007. Incumbents are eligible for reappointment (limited to two consecutive terms). In keeping with the member requirements of APR 12, one position must be filled by a representative from the real estate industry, and at least one of the other two positions must be filled by an attorney member of the WSBA. The board generally meets every other month.

Loan Repayment Assistance Program Advisory Committee

Application deadline: August 15

The Washington State Bar Foundation Loan Repayment Assistance Program (LRAP) Advisory Committee seeks one member to serve a three-year term commencing on October 1, 2006. Applicants must be attorneys from private law firms. The LRAP provides loan forgiveness to attorneys committed to working in the public interest, thereby helping to meet the legal needs of the people of Washington. For more information, visit the WSBA website at www.wsba.org/lawyers/lrap.htm.

Northwest Justice Project Board of Directors

Application Deadline: November 1

The Northwest Justice Project seeks two members to serve three-year terms on its board of directors. The terms will commence on January 1, 2007. Incumbents are eligible for reappointment (up to two consecutive terms). The Northwest Justice Project is a not-for-profit organization that receives primary funding from the state and through the federal Legal Services Corporation to provide civil legal services to low-income people. Board members, who play an active role in setting program policy and assuring adequate oversight of program operations, must have a demonstrated interest in, and knowledge of, the delivery of high-quality civil legal services to the poor. For more information, e-mail mac@nwjustice.org or lisag@nwjustice.org.

Washington Defender Association Board of Directors

Application Deadline: November 1

The Washington Defender Association (WDA) seeks two members to serve on its board of directors, one for a two-year term, and one for a three-year term. Both terms will commence on January 1, 2007. The board generally meets 10 times per year. The WDA is committed to increasing the funding and improving the quality of the criminal-defense bar in Washington and works to oppose legislation that would undermine constitutional protections for people accused of crimes.

Washington Pattern Forms Committee

Application Deadline: November 1

The Washington Pattern Forms Committee seeks one member to serve a four-year term commencing on January 1, 2007. Incumbents are eligible for reappointment (up to two consecutive terms). The Washington Pattern Forms Committee has published new sexual assault protection order forms and updates to the domestic relations, domestic violence, anti-harassment, juvenile court, misdemeanor judgment and sentencing, and felony judgment and sentencing forms, available at www.courts.wa.gov/forms. For more information, e-mail merrie.gough@courts.wa.gov.

Ethics 2003 Amendments to Rules of Professional Conduct Adopted

On July 10, 2006, the Washington State Supreme Court approved amendments to Washington's Rules of Professional Conduct (RPC). The amendments, proposed by the WSBA Board of Governors in October 2004, were based on recommendations submitted to the Board of Governors by the WSBA Special Committee for the Evaluation of the Rules of Professional Conduct ("Ethics 2003 Committee"), chaired by Ellen Conedera Dial. In adopting the amendments, the Supreme Court modified the proposed rules in a number of instances. The amended rules will go into effect on September 1, 2006. For more information, visit the WSBA website at www.wsba.org or the Washington Courts website at www.courts.wa.gov.

2006 WSBA Annual Awards Recipients to Be Honored

The WSBA Board of Governors takes great pleasure in announcing the recipients of the 2006 WSBA annual awards. The awards will be presented at the WSBA Annual Awards Dinner in Seattle on September 14, with the exception of the Pro Bono Award, which was presented at the Access to Justice Conference in Yakima on June 10.

Award of Merit: Marc A. Boman
First given in 1957, this is the WSBA's highest honor. The Award of Merit is most often given for long-term service to the Bar or the public, although it has also been presented in recognition of a single, extraordinary contribution or project. It is awarded to individuals only — both lawyers and nonlawyers.

Professionalism Award: Joy B. McLean
This honor is awarded to a member of the WSBA who exemplifies the spirit of professionalism in the practice of law. "Professionalism" is defined as the pursuit of a learned profession in the spirit of service to the public and in the sharing of values with other members of the profession.

Angelo Petruss Award for Lawyers in Public Service: Penny L. Allen
Named in honor of the late Angelo R. Petruss, a senior assistant attorney general who passed away during his term of service on the WSBA Board of Governors, this award is given to a lawyer in government service who has made a significant contribution to the legal profession, the justice system, and the public.

Outstanding Judge Award: Judge D. Gary Steiner
Presented for outstanding service to the bench and for special contribution to the legal profession at any level of the court.

Pro Bono Award: Leonard J. Feldman
This award is presented to a lawyer, nonlawyer, law firm, or local bar association for outstanding efforts in providing pro bono services. This award is based on cumulative efforts, as opposed to a lawyer's or group's pro bono hours or financial contribution.

Courageous Award: Nancy C. Ivarinen
This award is presented to a lawyer who has displayed exceptional courage in the face of adversity, thus bringing credit to the legal profession.

Excellence in Diversity Awards: Prof. David Boerner, Prof. Paula Lustbader, Seattle University School of Law Alternative Admissions Program/Academic Resource Center
This award is made to a lawyer, law firm, or law-related group that has made a significant contribution to diversity in the legal profession's employment of ethnic minorities, women, and persons with disabilities.

Outstanding Elected Official Award: Governor Christine O. Gregoire
This award is presented to an elected official for outstanding service, with special contributions to the legal profession. It is awarded to an individual who has demonstrated a commitment to justice beyond the call of duty.

Lifetime Service Award: Patrick H. McIntyre
This is a special award given for a lifetime of service to the WSBA and the public. It is given only when there is someone especially deserving of this recognition.

Community Service Award: Judge Joel M. Penoyar
The Community Service Award is new this year. Lawyers are known for giving generously of their time and talents in service to their communities. This award recognizes exceptional non-law-related volunteer work and community service.

President's Award: Recipient to be announced. The President's Award is given annually in recognition of special accomplishment or service to the WSBA during the term of the current president.

Leonard J. Feldman Receives WSBA Pro Bono Award

Seattle attorney Leonard J. Feldman, a shareholder at Heller Ehrman, received the 2006 WSBA Pro Bono Award at the Access to Justice Conference in Yakima on June 10. The Pro Bono Award is presented annually to a lawyer, nonlawyer, law firm, or local bar association for outstanding efforts in providing free or low-cost services to the poor, and is based on cumulative efforts rather than the number of pro bono hours or amount of financial contribution.

Seeking Applications from Judicial Candidates

Application deadline: October 31, 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. The committee will interview candidates in November 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. To obtain an application, visit the WSBA website at www.wsba.org/lawyers/groups/judicial recommendation/default1.htm, call 206-727-8239, or e-mail barleaders@wsba.org. Please specify whether you need the application designed for a judge or attorney.

WYLD Elects New President-elect and Trustees

The WSBA's Young Lawyers Division (WYLD) elected Seattle attorney Mark W.D. O'Halloran to serve as its 2006-2007 president-elect. O'Halloran's term as president-elect will begin on October 1, 2006, and end September 30, 2007, at which time he will begin his one-year term as WYLD president. A 2002 graduate of Seattle University School of Law, Mr. O'Halloran is currently a WYLD trustee representing King County and, since the summer of 2004, an associate at the Gosanko Law Firm in Seattle, where he focuses on civil tort cases. The WYLD also elected three new trustees: Tacoma attorney Kimberly L. April representing the Pierce County District, Bremerton attorney Jennifer A. Durcan representing the Peninsula District, and Seattle attorney David G. Estudillo representing the King County District. The new trustees will serve three-year terms beginning October 1, 2006.

LMBA Honors Ron Ward, 2004-2005 WSBA President

At its recent annual dinner, the Loren Miller Bar Association renamed its President's Award after 2004-2005 WSBA President Ronald R. Ward, in honor of his service to the WSBA and in recognition of his accomplishments in the areas of court funding, legal services for the poor, maintenance of the independence of the judiciary, and diversity.

Chief Justice Alexander Receives Lifetime Service Award

On July 10, Washington State Supreme Court Chief Justice Gerry L. Alexander received the prestigious 2006 American Inns of Court Ninth Circuit Professionalism Award for his lifetime of service to the law. Justice Alexander received the award at the Ninth Circuit Judicial Conference in Huntington Beach, California. Elected to the Washington State Supreme Court in 1994 and serving as chief justice since 2001, Justice Alexander has given more than three decades of service to the Washington state bench, and is the longest-serving chief justice in the state's history. The American Inns of Court is a national organization of judges, lawyers, law professors, and law students who work to improve the skills, professionalism, and ethics of the bench and bar.

Washington Assistant Attorney General Receives National Award

David Huey, assistant attorney general for Washington state, was recently honored with the Marvin Award from the National Association of Attorneys General (NAAG) for his work on consumer-protection issues, including nationwide settlements with two sub-prime mortgage lenders. Huey works for the Consumer Protection Division in the Attorney General's Office in Tacoma. Named after Ray Marvin, executive director of NAAG from 1976 to 1986, the Marvin Award recognizes excellence and dedicated service by assistant attorneys general who have taken on leadership roles in multi-state legal initiatives and other projects.

Family Law and Civil Procedure Deskbooks Supplements

Bring your library up to date with the 2006 supplements to the Washington Family Law Deskbook (2d ed. 2000) and Washington Civil Procedure Deskbook (2d ed. 2002), scheduled for release this fall. To receive these supplements automatically and enjoy a 10 percent discount, sign up for the Automatic Update Service online at http://pro.wsba.org/forms/automatic.asp or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. You can also ask to be notified when the supplements are available by calling the numbers above or e-mailing orders@wsba.org.

2006 WACDL Awards

On July 9, the Washington Association of Criminal Defense Lawyers held its annual awards ceremony. Redmond attorney Donna Tucker, Seattle attorney Cherilyn Church, and Tri-Cities attorney Jim Egan each received the President's Award (Tucker and Church were recognized for their work in City of Redmond v. Moore, a landmark misdemeanor-practice case); Whatcom County Public Defender Jon Ostlund received the Champion of Justice Award for his vigilant advocacy for the rights of the accused and the disenfranchised; and Seattle attorney Dan Dubitzky and Port Orchard attorney Roger Hunko each received the William O. Douglas Award for their criminal defense work.

They Got Game

On June 8, the Seattle Lawyers Basketball League wrapped up its 21st season with the reigning 2005 champions Johnson & Associates (not a real law firm) beating the number-six seed Stanislaw Ashbaugh team in a bruising battle, avenging the team's only loss to clinch the 2006 season crown. The hard-working but always-a-bridesmaid Stanislaw-Ashbaugh proved no match for Johnson & Associates's superior ball-handling and Tenacious D.

MCLE Credits Just Got Easier

Watch your mailbox for the WSBA-CLE Fall Seminar Catalog. Find complete information on a comprehensive array of hot-topic seminars from WSBA-CLE, the Innovator in Legal Education™.

WSBA Court Rules and Procedures Committee 2006-2007 Agenda

When it reconvenes in October, the WSBA Court Rules and Procedures Committee is scheduled to review the Rules of Evidence (RE) and the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). Suggestions regarding these rules or questions about the work of the committee should be directed to Douglas Ende at 206-733-5917 or e-mail WSBACourtRules@wsba.org. Interested individuals are encouraged to participate in the work of the committee.

Armed Forces Fee Exemption

WSBA members whose status is active and who are otherwise eligible for the armed forces exemption (as described in the newly amended WSBA Bylaw II.E.1.b.) can apply for a waiver of WSBA license fees beginning in December. WSBA members whose status is inactive or emeritus must still pay the annual license fees. If you are an active member and believe you are eligible for the fee exemption, contact the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA, or questions@wsba.org beginning in December.

Update Your Contact Information

Now is the ideal time to check that the WSBA has your correct contact information for the 2007 license fee renewal packets scheduled to be mailed in early December. APR 13(b) requires all attorneys to update their office address and telephone number within 10 days of a change. You can check your listing by going to the online lawyer directory at pro.wsba.org. If anything 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 (9722) or 206-443-WSBA.

Save the Dates: WSBA Annual Awards Dinner and 50-Year Member Tribute Luncheon

The 2006 WSBA Annual Awards Dinner will be held Thursday, September 14, at the Renaissance Madison Hotel in Seattle. The 50-Year Member Tribute Luncheon will be held Friday, September 29, at the Hilton Seattle. All members of the legal community are invited to attend these events. See the registration forms on pages 42 and 43.

WSBA Leadership Institute Seeks Fellows for 2007

The Washington State Bar Association seeks applicants for the 2007 WSBA Leadership Institute. The Leadership Institute recognizes that many lawyers, especially those from diverse backgrounds and other underrepresented groups, have not been traditionally recruited for leadership positions or made aware of opportunities for leadership training, skill development, and professional growth available through the WSBA. Ten to 12 attorneys, in practice for three to 10 years, will be carefully selected for the third year of the program. The 2007 program will take place January to August 2007.

The program is a collaborative, experiential, and individualized curriculum that includes eight professional-development seminars. WSBA Leadership Institute fellows will benefit from the latest trends in professional leadership development; exposure to the legislative and judicial systems; interaction with high-level state and local officials and judges; and opportunities to meet high-profile attorneys from the private and public sectors. The program requires a two-year commitment. Following the completion of the first year, fellows are expected to serve on a WSBA section, committee, or bar-related activity. Fellows will earn 30 CLE credits, and the program is free of charge.

To be considered for the program, applicants must: (1) complete an application with cover letter, résumé, and three references; (2) be an active WSBA member; (3) have practiced law in a U.S. jurisdiction for three to 10 years; (4) be nominated by his/her employer, or if self-employed, by another individual; and (5) provide evidence of interest in community and WSBA activities. Applications for the 2007 WSBA Leadership Institute will be available by mid-summer 2006 for submission in early fall. Application forms and instructions will be available on the WSBA website at www.wsba.org/lawyers/leadership_institute.htm.

Casemaker Access

Casemaker is a powerful online research library provided free to WSBA members. Visit the WSBA website at www.wsba.org and click on the Casemaker logo to access the Casemaker homepage. For help using Casemaker, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org.

LOMAP & Ethics Traveling Seminars

Plan to attend in Port Angeles on August 22, Port Townsend on August 23, or Port Orchard on August 24. Registration is $84, and each seminar has been approved for four CLE credits, including two ethics. For more information, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org.

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 — 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. Clinics are held the second Monday of the month. The next clinic is August 14 from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org.

Contract Lawyer Meeting

LOMAP hosts a meeting of contract lawyers the first Tuesday of each month at the WSBA office from noon to 1:30 p.m. Bring a lunch and network with other contract lawyers.

LAP Solution of the Month: Addicted?

People become addicts when they repeatedly engage in a behavior to obtain escape, relief, or pleasure, even when that behavior becomes counterproductive. People can become addicted to many things: work, sex, alcohol, drugs, gambling, even relationships. If addiction is getting in your way, call the Lawyers Assistance Program at 206-727-8269. All calls are confidential.

Resolving Lawyer Disputes

The WSBA offers two programs to help lawyers resolve disputes. The Fee Arbitration Program focuses on fee disputes between a lawyer and his or her client. To participate, both parties must agree to be bound by the arbitrator's decision. The Mediation Program provides a venue for parties to work together to resolve any dispute involving a lawyer, including those between a lawyer and a client, a lawyer and another lawyer, nor a lawyer and another professional. Either party to a dispute may initiate fee arbitration or mediation. Both programs are non-disciplinary, voluntary, and confidential. For more information, visit www.wsba.org/lawyers/services/adr.htm or call 206-733-5923.

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.

Facing an Ethical Dilemma?

The WSBA Ethics Line can help members analyze a situation, apply the proper rules, and make an ethically sound decision. Calls made to the Ethics Line are confidential, and most calls are returned within one business day. Any advice given is intended for the education of the inquirer and does not represent an official position of the WSBA. Call the Ethics Line at 800-945-9722, ext. 8284, or 206-727-8284.

Search WSBA Ethics Opinions Online

You can search both formal and informal WSBA ethics opinions at http://pro.wsba.org/io/search.asp. Opinions can be searched by number, year issued, ethical rule, subject matter, or keyword. Ethics opinions are issued by the WSBA to assist members in interpreting their ethical obligations in specific circumstances. The opinions are the result of study and analysis in response to requests from WSBA members. For assistance, call the Ethics Line at 800-945-9722, ext. 8284, or 206-727-8284.

Assistance for Law Students

The Lawyers' Assistance Program offers counseling to third-year law students attending Washington schools. Sessions are held in person or by phone. Treatment is confidential and available for depression, addiction, family and relationship issues, health problems, and emotional distress. We offer a sliding-fee scale ranging from $0-$30 depending on ability to pay. For more information about the LAP, call 206-727-8268, or visit www.wsba.org/lawyers/services/lap.htm.

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.

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.

Upcoming Board of Governors Meetings

September 14-15, Seattle • October 27-28, Spokane

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. 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 July 2006 was 5.297 percent. Therefore, the maximum allowable usury rate for August is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/-publications/barnews/usury.htm.