July 2006

FYI

BOG Election Results

Congratulations to new WSBA President-elect Stanley A. Bastian, who was unopposed for the office and will serve as the WSBA's 117th president beginning in 2007. Mr. Bastian will take office as president-elect for one year at the close of the September 14, 2006, annual business meeting, when President S. Brooke Taylor will pass the gavel to current President-elect Ellen Conedera Dial. 
 
Congratulations to the following WSBA governors-elect:

1st District

Russell M. Aoki is the governor-elect for the 1st District.
Russell M. Aoki: 281 votes, 56 percent; James S. Fitzgerald: 97 votes, 19 percent; Gail B. Nunn: 125 votes, 25 percent. (Eligible voters: 2,850; Ballots cast: 503; Return rate: 18 percent; Invalid: 12.)

5th District

Peter J. Karademos, unopposed, is the governor-elect for the 5th District.
 
7th-West District

Anthony Butler, unopposed, is the governor-elect for the 7th-West District.

WYLD

On June 9, Jason T. Vail was elected governor-elect for the WYLD at-large position by the Board of Governors in accordance with WSBA Bylaws Article III, Section M, "Election of At-large Governors."

The governors-elect will take office at the close of the WSBA annual meeting on September 14, 2006, and will hold office for three-year terms.

BOG 4th District Election

An amendment to the WSBA Bylaws was approved by the Board of Governors on June 9, 2006, that moves the 4th Congressional District governor election to August 2006 (and every three years thereafter). This position is currently held by Stanley A. Bastian, who will take office as president-elect for a one-year term beginning at the close of the September 14, 2006, annual business meeting.

The WSBA Bylaws provide that any active member, 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 resides. Applications are made by filing a nomination form and a biographical statement of 100 words or less. (Candidates may nominate themselves.)

Generally, members are entitled to vote in the congressional district in which they reside. 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 WSBA Office of the Executive Director, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330 (206-727-8244) or by visiting the WSBA website at www.wsba.org/info/bog. The executive director must receive nomination forms and biographical statements by 5 p.m. on Tuesday, August 1, 2006. Ballots will be mailed on or about August 4 and must be returned no later than August 21.

*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 the coming year, the 7th-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.

Three WSBA Members Receive Children's Alliance Award

At its 14th annual Voices for Children Celebration and Luncheon on June 1, the Children's Alliance honored three WSBA members with its Attorneys for the Children Award. Tim Farris, of Bellingham, and Casey Trupin and John Midgley, of Columbia Legal Services in Seattle (along with Bill Grimm and Bryn Martyna of the Oakland-based National Youth Law Center), were recognized for their nearly eight years of work on Braam v. State of Washington, a class-action lawsuit on behalf of foster children who had been moved repeatedly from home to home, some as many as 34 times. With the settlement of this landmark case, Washington state now has an enforceable blueprint for change that will help improve the lives of thousands of children in the foster-care system. This award is noteworthy in that it was given to attorneys by a non-legal organization specifically for accomplishments achieved through litigation, and it recognizes an innovative partnership between a lawyer in private practice and two legal-aid lawyers, who, by working together, helped better the lives of countless Washington children.

Historic Franklin County Courthouse Reopens

After two years and almost $12 million, a newly refurbished Franklin County Courthouse was recently rededicated in Pasco. Dozens of craftsmen from as far as England worked on the project, taking great pains to match the original architect's 1912 plans. Marble from Italy was brought in to replace the cracked steps of the historic grand stairway, and the beautiful Tiffany glass dome with its five-foot medallion-shaped centerpiece was disassembled and cleaned. 

Suspension Recommendations Sent to the Supreme Court

The WSBA has sent a list of members with outstanding license fees, penalties, or assessments as of March 17, 2006, to the Washington State Supreme Court, and the Court has entered an order suspending these members from the practice of law in Washington. Full explanations of license fees, forms, policies, and deadlines are on the WSBA website. For more information, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org.

Armed Forces Fee Exemption

WSBA Bylaw II.E.1.b., which provides for a fee exemption for eligible members of the armed forces, was amended on March 29, 2006. As amended, this section of the WSBA Bylaws states: "An active member of the Association who is activated from reserve duty status to full-time active duty in the Armed Forces of the United States for more than sixty days in any calendar year, or who is deployed or stationed outside the United States for any period of time for full-time active military duty in the Armed Forces of the United States shall be exempt from the payment of membership fees and assessments for the Lawyers' Fund for Client Protection upon submitting to the Executive Director satisfactory proof that he or she is so activated, deployed or stationed. All requests for exemption must be postmarked or delivered to the Association offices on or before March 1st of the year for which the exemption is requested. Eligible members must apply every year they wish to claim the exemption. Each exemption applies for only the calendar year in which it is granted, and exemptions may be granted for a maximum total of five years for any member."

WSBA members whose membership status is active and who are otherwise eligible for the armed forces exemption as described above can apply for a waiver of WSBA license fees beginning in December. WSBA members whose WSBA membership status is inactive or emeritus must still pay the annual WSBA 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 or 206-443-WSBA, or questions@wsba.org beginning in December.

New and Improved Lawyer Directory

The WSBA's online Lawyer Directory has been revamped, and now you can search attorneys by area of practice. Whether you're looking for malpractice attorneys in Aberdeen or bankruptcy attorneys in Yakima, the new online Lawyer Directory is the quick and easy way to find just the attorney you're looking for. Check out the new Lawyer Directory by visiting http://pro.wsba.org or click on the "Lawyer Directory" link on the WSBA website at www.wsba.org.

Update Your Contact Information

It's always a good idea to check that the WSBA has your correct contact information. APR 13.b requires that address updates be provided to the WSBA within 10 days of a change. To check your current listing, visit the online Lawyer Directory at http://pro.wsba.org. If your contact information has changed, call the WSBA Service Center at 800-945-WSBA, 206-443-WSBA, or e-mail questions@wsba.org.

WYLD Seeks Award Nominations

The Washington Young Lawyers Division is accepting nominations for the Thomas Neville Pro Bono Award, Outstanding Young Lawyer of the Year Award, and the Professionalism Award. The WYLD awards recognize lawyers who exemplify the best in the legal profession. Nominations are also being accepted for the Outstanding YLD Affiliate or Organization Award, which honors notable public- or member-service programs. If you know of someone deserving of recognition, visit www.wsba.org and click on the "Young Lawyers" link for full details and a nomination form. Award recipients will be determined by the WYLD Board of Trustees at their August 19, 2006, meeting. Recipients will receive awards at presentations to be held in conjunction with events within their law firm or legal community. Self-nominations will not be accepted. A completed nomination form must accompany each nomination in order to be considered. Nominations must be received by August 1, 2006, and should be sent to Amy O'Donnell, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121, or amyo@wsba.org.

Lawyers Ensuring Justice for All

Although Washington attorneys volunteered a whopping 70,000 hours of pro bono service last year — the equivalent of $11 million in legal aid — total funding for civil legal aid has not kept up with Washington's growing poor population, placing justice out of reach of most low-income individuals and families in Washington state. To bridge this gap, local bar associations and civil legal aid programs across the state have teamed behind the Campaign for Equal Justice. Co-chaired by Bill Gates Sr. and U.S. Attorney John McKay, the second annual Campaign for Equal Justice aims to gain the backing of at least 10 percent of Washington lawyers. Making a contribution to the Campaign for Equal Justice is a simple way to make a meaningful impact on providing justice for those in need, because a bar united in its support for civil legal aid sends a powerful message to legislators and the public that lawyers are taking the lead to ensure justice for all. For more information about the campaign, or to make a secure online donation, visit www.c4ej.org or call 206-623-5261.

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

The 2006 WSBA Annual Awards Dinner will be held Thursday, September 14 at the Madison Renaissance 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. Click here for more information about the awards dinner, and here for the tribute luncheon.

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 their medical care, you are required to contact the Department of Social and Health Services (DSHS). RCW 43.20B.060 places a lien against the portion of the settlement or judgment your client receives for medical costs from a third party (including their own insurance coverage) 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 or their insurance company, contact the COB Casualty Unit of DSHS at 800-562-6136 or COB Casualty Unit, PO Box 45561, Olympia, WA 98504-5561, or visit http://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). Because of the recent decision by the U.S. Supreme Court in Arkansas Dept. of Health and Human Services v. Ahlborn, it is imperative for personal-injury attorneys to contact the COB Casualty Unit to discuss any action for damages you are bringing on behalf of a Medicaid recipient.

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 are now available and are due September 1. Application forms and instructions can be found on the WSBA website at www.wsba.org/lawyers/-leadership_institute.htm.

WSBA Honors Local Heroes

Walla Walla County Superior Court Judge Donald W. Schacht and Lewis County Superior Court Judge H. John Hall are the latest recipients of the WSBA Local Hero Award, presented to members of the Bar who have made noteworthy contributions to their communities. The WSBA salutes these two distinguished jurors for their commitment and significant contributions to the justice system.

During his distinguished 18-year career on the bench, Judge Schacht has worked tirelessly to improve the justice system in Walla Walla County. He has been a strong advocate for increased court security — an ongoing challenge for rural counties with limited budgets — and, thanks in part to his efforts, Walla Walla County has significantly upgraded security at its courts. Judge Schacht has also championed the increased availability of court services for domestic-violence victims, including making courthouse office space available to advocacy groups.

Judge Hall was instrumental in getting a drug court established in Lewis County and worked tirelessly to raise money for the court. Thanks to his efforts, the court is securely funded through 2008.

WSAMA Elects Officers

The following members of the Washington State Association of Municipal Attorneys (WSAMA) were elected to office for 2006-2007 at the 50th Annual Spring Conference held in Stevenson, Washington, May 3-5.

•  President: James Pidduck, city attorney of Ellensburg

•  First vice-president: Mike Weight, city attorney of Bothell

•  Second vice-president: Londi Lindell, city attorney of Mercer Island

•  Immediate past-president: Cynthia McMullen, city attorney of Medical Lake and Sprague
Board members:

•  Bruce Disend, city attorney of Sammamish, Duvall, and Maple Valley

• Cynthia Martinez, city prosecutor of Yakima

•  Gary McLean, city attorney of Puyallup

•  Joe Svoboda, city prosecutor of Lacey

WSBA-CLE Member Appreciation Summer Sale: July 17-28

Save 50 percent on selected WSBA-CLE recorded seminars and coursebooks during the WSBA-CLE Member Appreciation Summer Sale (sale applies to online purchases only). Visit the newly upgraded WSBA online store at www.wsbacle.org from 8 a.m. July 17 to 5 p.m. July 28 to get great deals on CLE courses. Fifteen CLE credits can be earned from viewing recorded seminars, so beat the December rush and shop in July and save!

Search WSBA Ethics Opinions Online

You can search both formal and informal WSBA ethics opinions at 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.

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 July 10 from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org.

LAP Solution of the Month: Take a Vacation!

All work and no play makes you grumpy and inefficient. Vacations are good for you and your family, so plan now to get out of town. And turn off your cell phone while you're there! If merely contemplating time off makes you feel guilty, call the Lawyers Assistance Program at 206-727-8269.

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.

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.

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.

Assistance for Law Students

The WSBA Lawyers Assistance Program (LAP) offers long- and short-term psychotherapy to third-year law students attending the University of Washington and Seattle University. Treatment is offered for depression, addiction, family and relationship issues, health issues, and other mental and emotional problems. The fee is based on a sliding scale ranging from no-cost to $30 and is determined by a student's 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

July 21-22, Port Angeles • September 14-15, 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. 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 June 2006 was 5.004 percent. Therefore, the maximum allowable usury rate for July is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm.