June 2006

FYI

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.

Tip From the WSBA Professionalism Committee — The "Evildoers"

"Evildoers" is a word floating around the media lately. The word refers to terrorists, and as we all know, we don't negotiate with them. As lawyers, however, we are expected to negotiate with the opposing side. Simply put, to approach opposing counsel or the opposing party as the "evildoer" fails to get the job done.

To determine whether you are guilty of this mindset, ask yourself a few simple questions: Do you find yourself stepping into your client's shoes and taking on his or her feelings of animosity for the opposing party? Have you examined the manner in which you speak or write about the opposing party? Do you use derogatory adjectives to describe the opposing party or attorney? Do you speak pejoratively about the opposing party or attorney during court hearings or depositions? Do you fail to treat the opposing party with the same respect you believe you and your client deserve? Consider the result this behavior produces. Are cases involving this behavior the most stressful? Do you have a poor relationship with the opposing attorney, which not only costs the client more time and money, but also hinders your ability to offer sound legal advice? Or, is it merely about "getting" the other side?

To avoid this behavior in the future, take a mental step back and remember that this is your client's case, not yours. Your job is to help the client solve the problem, and to do that you need to think clearly and without emotion.

Food Frenzy! July 14-31

Want to compete with fellow lawyers to make a difference for hungry children? This summer is your chance. Food Lifeline seeks serious (but fun-loving) competitors for the 17th annual Food Frenzy to be held July 14-31. Each year, nearly 60 legal and accounting organizations plan creative office-wide fundraisers for a very important cause: getting food to hungry children during the summer when school meals aren't available. To sign up your firm, call George Cowan at Vandeberg Johnson & Gandara at 206-386-5903.

UW Law School Announces First Recipients of Gates Scholarship

The University of Washington School of Law named its first five recipients of the William H. Gates Public Service Law (PSL) Scholarship for 2006-2007: Emily Alvarado, Vanessa Torres Hernandez, Illana Mantell, Colleen Melody, and Michael Peters. The Gates PSL Scholarship covers the cost of tuition, books, room and board, and incidental expenses during law school, giving the scholars the opportunity to attend the UW School of Law and then pursue public-interest law without the crushing burden of educational debt. In exchange, students make a commitment to work for five years in public service. The financial assistance provided by the scholarship allows these students to move directly into jobs doing what they love — providing public service to those in need.

New Media Guide to Washington State Courts

The Board for Judicial Administration's Public Trust and Confidence Committee, chaired by Justice Mary Fairhurst, recently published a 76-page comprehensive Media Guide to Washington State Courts, an excellent new resource to help reporters and the public better understand Washington courts and the justice system. The guide has been sent to news organizations around the state, and is available on the Washington Courts website at www.courts.wa.gov/newsinfo and the WSBA website at www.wsba.org/media.

Got Warrants? DCS Amnesty Week in King County Is June 5-9

Studies have shown that divorced or separated parents who financially support their children develop a deeper relationship with them. Once a year, the Family Support Division of the King County Prosecutor's Office, the King County Sheriff's Office, and the Washington Division of Child Support (DCS) work together to contact parents who have had bench warrants issued for failing to pay child support. These agencies help parents become compliant with their support obligations and quash warrants for their arrest.

King County's amnesty period this year will run from June 5-9, 2006. During the afternoon of June 9, King County Family Court in Seattle will offer a one-stop warrant quash calendar. Parents who have active King County warrants for failure to pay child support may appear on a walk-in basis and have a once-a-year opportunity to pay a reduced amount to cancel their warrant. Public defenders will be available at the calendar to assist individuals with their cases. The King County Amnesty phone line is 206-296-8955. DCS offers a comprehensive website related to child-support services with information provided in a variety of languages at www1.dshs.wa.gov./dcs/index.shtml.

WSBA-CLE Member Appreciation Online Only Sale — July 17-28

Shop the WSBA-CLE online store for half-price recorded seminars and coursebooks (selected titles only). Stock up on A/V credits for your MCLE reporting. Choose from dozens of titles in a variety of practice areas. The sale begins at 8 a.m. on July 17 and runs through 5 p.m. on July 28. Visit the online store at www.wsbacle.org.

Supreme Court Amends In-House CLE Rule

The Washington Supreme Court has amended Admission to Practice Rule (APR) 11, Regulation 104(e) regarding in-house CLEs, and the changes may impact your office and the lawyers in it.

Background

In 2003, 25 large law firms joined together to request that private firms be permitted to sponsor accredited in-house CLEs exclusively for their own lawyers. The firms also requested clarification of the advertising requirements for in-house CLEs. The amendments to Regulation 104(e) are the result of those requests and the work of the MCLE Board, the WSBA Board of Governors, and the Supreme Court, with input from affected firms and offices.

Who is affected

The amendments to Regulation 104(e) apply to private law firms, corporate legal departments, and government agencies (herein jointly referred to as private legal sponsors) and the lawyers who attend CLEs sponsored by them, as well as outside CLE providers who contract with private legal sponsors. The amendments will affect determination of MCLE accreditation beginning June 1, 2006, and will affect determination of lawyers' earned MCLE credits beginning with those members due to report for the 2005-2007 reporting period.

Highlights

• In-house CLEs sponsored by private legal sponsors are eligible for accreditation whether open or closed to non-members of the sponsoring office, provided that notice of the CLE is posted on the WSBA MCLE website at http://pro.wsba.org. If a government agency is the sponsor of a closed CLE, it must provide a copy of the written materials to anyone who requests it.

• Private legal sponsor CLEs cannot focus directly or indirectly on a case, action, or matter pending before the private legal sponsor.

• The private legal sponsor is the sponsor of the CLE, even if it has contracted with an outside CLE provider to present the CLE.

• Private legal sponsors must file Form 1 applications with detailed agendas for all CLEs. These must be postmarked or submitted online to the MCLE website at least 30 days prior to the starting date of the CLE.

These Form 1 applications will be posted on the MCLE website prior to each CLE, which will be sufficient advertising for programs open to outside attorneys. Lawyers will not receive credit for private legal sponsor CLEs unless the private legal sponsor files the Form 1. Form 1 filings by individual lawyers will not be awarded credits if the private legal sponsor has not filed a Form 1 for the program.

• Members are limited to a total of 15 credits of private law firm CLEs and 15 credits of corporate legal department CLEs in each reporting period, regardless of who the private legal sponsor was. There are no limits on the number of credits a member may earn at CLEs sponsored by government agencies. These limitations will be applied to individual credit calculations beginning with the 2005-2007 reporting period.

• Private legal sponsors must report attendance and submit an evaluation or critique form to the WSBA within 30 days of the CLE ending date.

• Applicable late fees for late filing of Form 1 applications or attendance records will be charged to private legal sponsors as well as other sponsors.

A revised paper Form 1 application incorporating the above changes will be available on the WSBA website on or before June 1, 2006, for sponsors who prefer to submit paper Form 1 applications. However, there is a shorter turn-around time for applications submitted online through the MCLE website, and reporting attendance is only $1 per name for online submissions. (Reporting attendance is $3 per name if submitting a paper Form 1 application.)

You can find the amended regulations on the WSBA website at www.wsba.org by clicking on the "APRs" link in the Site Index, then clicking on "Regulations of the Washington State Board of Continuing Legal Education" link, or visit the Washington Courts website at www.courts.wa.gov/court_rules/Word/gaaprregs.doc. If you have questions, contact the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA, or e-mail questions@wsba.org.

Mandatory New-Lawyer Orientation

On October 12, 2005, the Washington State Supreme Court adopted amendments to Admission to Practice Rule 5 and 18, mandating that, prior to admission, Bar applicants must complete a minimum of four hours of approved preadmission education. The new rule becomes effective June 1, 2006, and requires that the preadmission course be free to the applicant.

J. Richard "Dick" Manning, who served as WSBA president from 2002-2003, made new-lawyer training a primary initiative of his term of office, and it is through his efforts that these amendments were approved. In an interview with Bar News, Mr. Manning noted: "Professional development involves a lot of things. We're the only country in the western world that doesn't give new lawyers or law students some sort of apprenticeship. As many hiring partners will tell you, lawyers come out of law school equipped with smarts, but they're ill prepared in most instances to do what lawyers are expected to do once they're admitted to practice. What they lack, I believe, are the skills of knowing how to communicate with clients, how to organize a practice, how to manage an office . . . and orient to the aspects of law practice that create a lot of stress for people. I think a lot of that stress also leads to what some judges complain about, and that is a lack of civility. All of this points to the need to address professionalism in many different ways."

In preparation for the June 1 implementation date, WSBA-CLE is developing the four-hour mandatory orientation program, working with local bar associations, the Washington Young Lawyers Division, and other interested groups. The goal is for WSBA-CLE to provide support and assistance to ensure that applicants in locations where the local bar already provides an orientation program receive standardized information and materials. Where there is not already a program in place, WSBA-CLE will work to support local bar associations and superior courts in staging an orientation program prior to the swearing-in ceremony. In collaborating with local jurisdictions, WSBA-CLE will work to ensure there is no negative fiscal burden to providing the new program.

For more information on the WSBA-CLE orientation program, contact Yvonne K. Chapman, CLE orientation program developer, at 206-727-8271 or yvonnec@wsba.org, or Mark Sideman, director of the WSBA-CLE Department, at 206-727-8220 or marks@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 June 5 from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org.

ABA President to Speak at Access to Justice and Bar Leaders Conferences

American Bar Association President Michael Greco will present the keynote speech at the June 10 luncheon of the 2006 Access to Justice and WSBA Bar Leaders joint conference in Yakima. The theme of Greco's presidency is "The Renaissance of Idealism in the Legal Profession," which encourages lawyers to commit time to pro bono and community service. The conferences' joint plenary session, "Crafting a Vision for the Civil Right to Counsel in Washington State," which will take place immediately before the luncheon, relates to another of Greco's initiatives, the ABA Task Force on Access to Civil Justice. These events are only a portion of the two-day joint conference held annually in Washington state for members and supporters of the Alliance for Equal Justice, and the leaders of bar associations and WSBA sections and committees. Registration information for the Access to Justice Conference can be found at www.wsba.org/atj, and for the Bar Leaders Conference at www.wsba.org/barleaders
homepage.htm. CLE credit is pending for both conferences.

Contract Lawyers Meeting

LOMAP hosts a meeting of contract lawyers the first Tuesday of every month at the WSBA office. The next meeting is June 6 from noon to 1:30 p.m. Bring your lunch, coffee is provided, and network with other contract lawyers.

WSBA Arbitration Program

The WSBA offers arbitration of lawyer-client fee disputes and mediation services to help resolve disputes between lawyers, a lawyer and client, or a lawyer and other professionals. The programs are voluntary and confidential. For more information, visit the WSBA website at www.wsba.org/lawyers/services/adr.htm or call 206-733-5923.

New WSBA Online Store

WSBA-CLE is pleased to announce the debut of the new and improved WSBA online store, featuring an expanded product search and faster checkout guaranteed to make your online shopping experience smoother and more convenient. You can now search the tables of contents of all WSBA-CLE deskbooks and the last five years of WSBA-CLE seminar course materials to find the best publication to meet your needs. Visit the new online store at www.wsbacle.org/store.

LAP Solution of the Month: Worried?

A little worry can be a good thing — it motivates us to get things done. But too much anxiety can result in procrastination and paralysis, and your work may suffer. If anxiety has become a problem, call the Lawyers' Assistance Program at 206-727-8269.

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.

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.

Notice of Intent to Form Juvenile Law Section

Petitions are now being circulated to form a new WSBA Juvenile Law Section pursuant to Section IX of the WSBA Bylaws. There is no current section or other WSBA entity whose primary focus is juvenile law, which falls within the purposes of the WSBA as outlined in General Rule 12. Both the Washington Juvenile Justice Assessment Project Report and the WSBA Blue Ribbon Panel on Criminal Defense have recommended that a juvenile-oriented WSBA entity be established. A study group chaired by Justice Bobbe Bridge — and including Kim Ambrose, Liza Burke, Lisa Kelly, Anne Lee, Mary Li, Casey Trupin, Page Ulrey, and George Yeannakis — recommends the new section. After the required six-month waiting period, the Board of Governors will consider whether to form a Juvenile Law Section at their June 2006 meeting.

Contemplated Jurisdiction. The creation of a Juvenile Law Section is proposed to address concerns with juvenile law and policy, including dependency, offender, status offenses (Child in Need of Services, Youth at Risk and Truancy), and the civil legal needs of children and youth.

Section Purpose. The Juvenile Law Section will provide a forum for juvenile-law issues and improve the law and practice related to civil and criminal matters involving children and youth in Washington. The section will welcome advocates from all disciplines and fields of law, including juvenile justice, child welfare, and those who represent youth in civil legal practice. For more information, contact Kim Ambrose at kambrose@u.washington.edu.

LOMAP & Ethics Traveling Seminars

Plan to attend in Walla Walla on June 13, Richland on June 14, or Yakima on June 15. Registration is $84, 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.

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.

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

Lawyers 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.

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.

Washington Attorneys Assisting Community Organizations (WAACO) Spokane Training Seminar

WAACO is a statewide organization that connects volunteer attorneys with nonprofit organizations in need of business-related pro bono legal services. Volunteer lawyers are needed. Those interested in volunteering are encouraged to attend a training seminar on Thursday, June 8, in Spokane jointly conducted by WAACO and the Spokane County Bar Volunteer Lawyers Program. For more information, e-mail contact@waaco.org or call 866-288-9695.

Upcoming Board of Governors Meetings

June 9, Yakima • 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. 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/2006meetingschedule.htm.

Usury Rate

The average coupon equivalent yield from the first auction of 26-week treasury bills in May 2006 was 4.966 percent. Therefore, the maximum allowable usury rate for June is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/-publications/barnews/usury.htm.