January 2006
WYLD Overview: What's Happenin' in Washington
WYLD = Washington Young Lawyers Division
• Any active member of the WSBA is automatically a member of the WYLD until the 31st day of December of the year in which such member reaches the age of 36 or until the 31st day of December of the fifth year in which any such member has been admitted to practice in any state, whichever is later.
• Approximately 6,000 members
• Website: www.wsba.org/lawyers/groups/wyld
• WYLD committees and programs: ABA Committee, Aspiring Youth Program, Continuing Legal Education Committee, Editorial Advisory Board, Equality in Practice Committee, Greater Access and Assistance Project (GAAP), Long-Range Planning Committee, Membership Committee, Practice Conditions Committee, Pre-Law Student Leadership Conference, Pro Bono/Public Service Committee, Trial Advocacy Program, Youth and Law Forum, Youth Scholarship/Mentorship Program, YMCA Mock Trial Program
WYLD Express: Round Four — WyLD about Walla Walla
by Julia Bahner
Round four of the WYLD's Young Lawyer Express was aptly titled "WyLD about Walla Walla" and took place on the weekend of September 17-18. More than 30 lawyers from around the state gathered for the free CLE credits, which covered diverse topics such as advising wineries on business matters, efficient small office management, and a "View from the Bench" covering professionalism and courtroom conduct. The site of the presentation was the conference room at the Three Rivers Winery.
The "View from the Bench" session covered professionalism and courtroom conduct and was taught by Judge Donald Schacht, a Walla Walla County Superior Court judge since 1989. Judge Schacht shared humorous stories from the time he has spent both in practice and as a judge, and he focused on 12 areas of professionalism in the courtroom.
Steven Frol, of Reese Baffney Schrag & Frol P.S., spoke about his work advising local wineries. His burgeoning practice has grown along with the local wine market. Since Frol moved to Walla Walla in 1996, the number of local wineries has increased from seven to more than 70, and many of them are now Frol's clients. In addition to his law degree, Frol holds an LLM in tax and an accounting degree. His presentation covered diverse issues that arise when advising wineries, such as entity formation and distribution agreements.
Dan Roach, president of the Walla Walla County Bar Association, offered valuable insights on effective and efficient law office management.
As with every WYLD Express event, the weekend involved more than just free CLE credits. After the CLE concluded at the Three Rivers Winery, participants and their guests took a tour of the winery and attended a concert and barbecue on the lawn as part of the "Music on the Lawn" summer concert series. Local musician Kate Bray performed, and the Three Rivers host made an announcement before the performance, welcoming the WYLD lawyers from across the state.
Most participants stayed overnight in Walla Walla. After a group breakfast the next morning, the WYLD group headed over to the Dunham Cellars winery for a special no-cost tour and tasting at Dunham Cellars. The father-and-son owners of the Dunham Cellars winery were charming and gracious. They opened limited edition wines, spoke about the prominently displayed artwork throughout the winery, and introduced the winery's three-legged dog, whose picture is displayed on the winery's "Three Legged Red" wine bottle. The group then continued on to the L'Ecole Winery, one of Walla Walla's oldest wineries. L'Ecole also waived its customary charge for the WYLD group and explained the history of the region and gave a presentation on the winery while we enjoyed samples of their many fine wines.
Overall, the event was a rousing success, and for many it was their first visit to this part of the state. The WYLD CLE and Membership committees continue to host these social and CLE events across the state. The program started last year with the "Ski and CLE" in Bellingham and Mt. Baker, followed by the "CLE by the Sea" in the San Juans, the "SkiLE" in Wenatchee, and the latest "Wyld about Walla Walla" event. Each event has been a smashing success, so look for round five to be held somewhere in Washington this winter. As always, it will provide fun social events, free or low-cost CLE credits, and the chance to meet WYLD members from all over the state. WYLD President Noah Davis and the WYLD Membership Committee started the WYLD Express. The Membership Committee thanks everyone involved, especially CLE Committee Co-chair Allison Williams and Membership Committee members Adrienne Keith, Eric Lewis, Dubs Herschlip, and Lisa Ellis for their tireless efforts in organizing this event.
Julia A. Bahner is a WYLD King County Trustee and an associate at Lane Powell PC. She can be contacted at 206-223-7436 or bahnerj@lanepowell.com.
Greater Access and Assistance Program
by Rachelle Anderson, WYLD Spokane County trustee
The Greater Access and Assistance Program (GAAP) is designed to bridge the gap for low-income clients to low-cost legal services. This program was started by the WSBA and the WYLD in conjunction with the Washington State Access to Justice Board approximately four years ago. With help and oversight from the WSBA and the ATJ Board, our first pilot site in Spokane got up and running, and is now operating on its own! Since September 2004, GAAP continues to thrive thanks to the local young lawyers in Spokane County, along with much help from the executive director of the Spokane County Bar Association, Penny Youde. The WSBA Family Law Section generously donated our funding for 2004-2005.
We are proud of local support from new and experienced attorneys alike who have signed up to be on our panel to accept cases. All we ask is that the lawyers charge a reduced rate of $50 per hour for client assistance. Our clients cannot otherwise afford direct legal representation, nor do they qualify for traditional pro bono help from other local programs due to incomes only slightly higher than the federal poverty level.
Future plans for GAAP include expansion to other areas across the state. If you are interested in finding out more about the program, or if you are living in Spokane and would like to sign up as a panel attorney, please contact Rachelle Anderson at 509-328-5550.
CLE Committee Update
by Kellea Williams
Even though 2005 is over, the work of the WYLD CLE Committee continues! In addition to our Halloween CLE on bankruptcy law, WYLD CLE hosted a Valuing Medical Claims CLE November 14. Please check the WYLD website at www.wsba.org/lawyers/groups/wyld for dates and times for all upcoming CLEs, and stay tuned in early 2006 as we are working to get the reciprocity CLE set for those attorneys who would also like to be licensed in Oregon. We are also working on seminars covering arbitration and construction law. If you are interested in becoming a member of the WYLD CLE Committee or have topic suggestions that you'd like to present, please contact Allison Williams at allison@flfdm.com or Stephanie Henderson at stephanie.henderson@roberthalflegal.com.
WYLD Presents CLE on the New Bankruptcy Act
by Julia Bahner
On Halloween, more than 80 attorneys attended the WYLD CLE Committee-sponsored CLE on the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) in Seattle. The WYLD was fortunate to have two experts in the field, Mark H. Weber, assistant U.S. Trustee for the Seattle office of the U.S. Trustee's office, and Martin L. Smith, trial attorney for the U.S. Trustee's office, as the speakers.
The CLE was only an hour and a half, and though this was certainly not enough time to cover all of the new provisions in the Bankruptcy Code, the speakers did a remarkable job of covering the salient points and touching on highlights of the new Bankruptcy Act and how it affects the practitioner. Special attention was paid to the ethical considerations applied to lawyers under the BAPCPA, as well as some of the new requirements under the Code, and the new national and local rules under the BAPCPA. One of these new requirements is that all debtors must first participate in credit counseling before filing for bankruptcy. The CLE provided information on which credit-counseling agencies have been approved to offer credit-counseling advice. The CLE also addressed how the "means test" applies to debtors, and the additional documentation now required from the debtors in order to qualify for the all-important discharge. As one attendee commented: "They did a great job of making something terribly complicated seem much clearer." WYLD thanks our speakers and the CLE Committee.
WYLD Across the State
Greater Spokane District Trustee Rachelle Anderson reports that the Spokane County YLD is beginning a new year of activities under the watch of new President Lisa Dickinson. November saw the Spokane YLD presenting its annual New Lawyer Orientation CLE, a day and a half of hands-on learning for the county's newest lawyers. This CLE offered everything from courthouse tours to practice tips from judges in district court, superior court, and federal court. Spokane County was presented the award for Outstanding Affiliate Organization of the Year from WYLD President-elect John Brangwin for its outstanding efforts in member service and public service in 2005. Spokane County YLD continues to have monthly meetings the second Thursday of the month, at rotating locations. For more information, contact Rachelle Anderson at 509-328-5550.
Greater Olympia District Trustee Michael DeWitt reports that the Thurston County Young Lawyers have regular meetings at Apollo's Restaurant in Olympia on the third Wednesday of each month. President Melissa Goldmann arranges for a guest speaker to attend most of the meetings. Recently, Scott Douglas from the Volunteer Legal Clinic spoke. In related news, the county's collaborative law organization, Sound Collaboration, has young lawyer Kristen Bishopp as its president, and on October 20, the group held its first annual meeting at Falls Terrace in Tumwater. Several young lawyers are members.
North Central District Trustee Martha Grant reports that her district has undergone some recent changes. John Brangwin, a partner at the law firm of Woods & Brangwin, PLLC, and past WYLD North Central District trustee, has been elected WYLD president-elect. Additionally, Brandon Redal, associate attorney for the firm Kottkamp & Yedinak, PLLC, has begun organizing a local association of young lawyers. As for recent events and activities, the North Central District has resumed its monthly CLE luncheons, which take place at the Wenatchee Country Club. Most recently, Paul Kube discussed the proposed updates to the Rules of Professional Conduct. The North Central District is also working with Eastmont High School to prepare for its mock trials. For the mock trials, local attorneys assist the high-school students by serving as judges for the trial, and giving the students pointers and other practical advice regarding trial practice. Local attorneys Dan Gasperino, Paul Kube, Mike Arch, Martha Grant, Amee Tilger, Gar Jeffers, Allen Blackmon, and others have volunteered their time.
Snohomish District Trustee Kari Petrasek reports that the Snohomish County Young Lawyers Division (SCYLD) has regular meetings at The Flying Pig Restaurant in Everett on the second Monday of each month at 5:30 p.m. A guest speaker is invited to most of the meetings. Most recently, Commissioner Jacalyn Brudvik from the Snohomish County Superior Court spoke. On March 3, 2006, the WYLD Membership Committee/SCYLD will cosponsor an event featuring an Everett Silvertips hockey game.
Southwest Trustee Christopher Veley is excited to announce the formation of the Clark County Young Lawyers' Section (CCYLS), which was recently officially recognized by the Clark County Board of Directors. The CCYLS has scheduled its first annual meeting on January 24 at 11 a.m. The section's initial officers will be nominated and elected, and general plans will be made for the coming year. The meeting will be held at Friends & I catering in downtown Vancouver, WA. Membership in the section is open to all young lawyers who are also members of the Clark County Bar Association.
Pierce County Trustee Heather Young reports that the Tacoma-Pierce County Young Lawyers (TPCBA-YLD) meet monthly on the first Tuesday of each month, at 7:30 a.m. at Tully's Coffee on 9th and Broadway in Tacoma. The TPCBA-YLD recently hosted a Halloween party/networking event at the Chalet Bowl in Tacoma on October 26. The YLD also recently elected new officers and held the "Judicial Skit Night" on December 8, to benefit the Tacoma-Pierce County Bar Association.
Steve King, chair of the Kitsap County Young Lawyers (KYLD), reports that the group recently organized a revival of the "Kitsap County Bar Picnic" with financial assistance from the local bar association. The YLD section was in charge of all aspects of the picnic, from location to advertising and catering. The picnic was held at the lakeside home of local bar member Larry Little and his wife, Kathy. The late September day was perfect, and the turnout was very encouraging. The KYLD is planning to help out with next year's picnic and hopes for an even bigger turnout. The last meeting of the KYLD was held on October 20 at Campana's in Poulsbo. The agenda included discussion of the new proposed rule for legal technicians, fundraising ideas, finalization of the new Kitsap Courthouse Directory, and the planning of a bowling meeting/social. The KYLD also had a great evening of fun back in August with the WYLD folks from the big city who came over for dinner and a night of gambling and dancing at the Clearwater Casino. Thanks to everybody who came over and helped make it a fun evening — this event has made it to the list of annual events. The KYLD continues to look for new faces to join the group. Meetings are held around the county to encourage as many young lawyers as possible to get involved. Contact Stephen T. King at kinglaw@qwest.net, or Jennifer Brugger, WYLD trustee for the Peninsula District, at jbrugger@wapa-sep.wa.gov for more information on how to get involved with the KYLD.
WYLD Membership Committee: We Hope to See You Soon
by Adrienne Keith
With round five of the WYLD Express just around the corner, it's a busy time for the WYLD Membership Committee. The Membership Committee first combined free CLEs and social and networking opportunities in 2004, and we're improving with each round. As in the past, we're hoping to draw from many regions of the state to provide an opportunity for young lawyers to learn about the profession and to get to know each other. Round five will be a "Ski and CLE" event near Crystal Mountain.
The WYLD Express events are just one way in which we coordinate efforts with other WYLD committees to actively recruit members and to provide frequent networking opportunities for law students, young lawyers, and senior members of the Bar. On a weekly basis, the Membership Committee makes it possible for Young Lawyers to come together by organizing social events. Our social chairs (Fred Arcala, Polly Peshtaz, Vanessa Schiodtz, and Bita Soltan-Qurraie) organize and announce the event via the e-mail list, which now includes more than 250 lawyers. Some of our past events have included a Seattle Seahawks game, mushroom foraging, and events cosponsored with local young lawyers divisions, such as horse racing at Emerald Downs and a dinner and casino night. Each event draws both new and familiar faces!
In addition to our weekly events, we always offer a networking opportunity on the first Thursday of the month at the Seattle Art Museum. The event is a chance for young lawyers to meet with their peers and enjoy the relaxed early-evening atmosphere of the SAM. Because it's the first Thursday of the month, admission is free (except for special exhibits). The next event will be Thursday, February 2.
Our Membership Committee meetings are open to all WYLD members, and for those who are not in Seattle, we offer a call-in number to encourage statewide participation. Membership Committee meetings are a great way for young lawyers to become more involved and a way to make more connections. The Membership Committee is made up of a great group of people and we are always happy to expand. Please join us at one of our meetings, held at 6 p.m. on the third Tuesday of each month at the WSBA office. Upcoming meetings will be held on January 17, February 21, and March 21. Please contact Amy O'Donnell at amyo@wsba.org to get added to the Membership Committee e-mail list. We hope to see you soon.
Adrienne Keith is the chair of the WYLD Membership Committee and practices law in the Seattle area. She can be reached at 206-709-8281 or ak@inpacta.com.
Practice Conditions Forum 2006
by Stephen T. King
The Practice Conditions Committee's task organizes and presents the Practice Conditions Forum, a biennial, half-day event designed to help young lawyers and more experienced practitioners excel at the practice of law while maintaining balance in their personal lives. Historically, the forum has presented a range of topics, including how to succeed as an associate, telecommuting in your practice, getting and keeping clients, and balancing personal and family life with career. The 2004 forum included topics on managing student-loan debt, civility in the courtroom, and essential skills. Speakers have included members of the Bar staff, practicing attorneys, and professionals from other disciplines. In addition, the forum has been held at locations that are more interesting than traditional meeting areas, including the REI flagship store, the Museum of Flight, and the Columbia Winery. CLE credit has been given for the forum.
This year, the committee is being co-chaired by Stephen T. King and Kristen Guberman. The liaison from the WYLD Board of Trustees is Jennifer Brugger.
Stephen T. King is co-chair of the WYLD Practice Conditions Committee. He can be contacted at kinglaw@qwest.net.
Public Service Committee Allows Students, Lawyers Opportunities for Outreach
by Mark O'Halloran and Tiffany Tull
Coming off an election cycle that saw the worst of public perceptions about lawyers being aired in support of Initiative 330, it is nice to draw attention to a dedicated group of lawyers and law students bearing the banner of justice and reminding us of the ideals that led many of us to this profession. Since partnering with the Seattle University School of Law Access to Justice Institute (AtJI) in 2003, the WYLD Public Service Committee has organized four free immigration law clinics and one free family law clinic to address the needs of the underserved communities in the greater Seattle area. In addition to these services, the Committee has taught a professionally packaged, interactive, and educational program on the evolution and current responsibilities of the American jury system in various high-school classrooms.
During the most recent clinic, held on September 29, 2005, more than 40 families received free legal services from more than 20 experienced immigration attorneys at Seattle's Rainier Community Center. Additional attorneys and students provided support and assistance during the clinic. The collaborative effort has been successful under the attentive leadership of Public Service Committee Chair David East. Committee Co-chair Erin Hall was instrumental in recruiting the attorneys to volunteer their time for the clinic. Sudha Shetty's AtJI staff worked diligently on advertising the clinic through broadcast radio, flyers, and local newspapers. The AtJI's Language Bank, along with Alan Lai of the Chinese Information Center, contributed to reach Spanish, Chinese, Russian, Amharic, and Vietnamese speaking communities. AtJI volunteer law students from Seattle University School of Law provided client intakes and exit interviews for the clinic participants, many of whom reported they received the help they needed and appreciated the service. Thanks to the AtJI's Carrie Gargas, Endu Hailu, Ahoua Kone, and Tiffany Tull for coordinating the clinic services.
The WYLD Public Service Committee and AtJI are very appreciative of the time and expertise that their volunteers have brought to the clinics and programs. To become a member of the Public Service Committee, or to volunteer for a future event, please contact David East at deast@mcnaul.com, or Erin Hall at erin@aoki-sakamoto.com.
Mark O'Halloran is an associate at the Gosanko Law Firm and a WYLD King County trustee. He can be reached at mark@gosankolaw.com. Tiffany Tull is a staff attorney for the Access to Justice Institute at Seattle University School of Law and a member of the WYLD Public Service Committee.
WYLD Seahawks Game Event
by Eric Lewis
On Sunday evening, October 16, 27 intrepid WYLD members gathered in their seats high, high up in Qwest Field to watch the Seattle Seahawks battle the Houston Texans. It was a perfect fall evening for a football game, cool and dry. The lawyers were rewarded with a spectacular game in which the Seahawks trounced the Texans by a score of 42 to 10.
Many in the group attending the game were new to the WYLD, and we hope to see them again at future events. While most of the attorneys were from the Seattle area, a few came from Tacoma and Port Orchard to enjoy an evening of professional football in the company of their peers.
The evening began at Contour in Seattle, where a few of the attorneys gathered to enjoy happy-hour prices on beverages and appetizers. The group then tromped a few blocks to the stadium and up several flights of stairs to arrive at their seats. This was my first visit to Qwest Field, and I was pleased to discover that I had been informed correctly: there isn't a bad seat in the stadium. The view from the upper decks was clear, unobstructed, and was an excellent vantage to see each play unfold.
Late in the fourth quarter with victory assured, the fans in the stadium, and many of the young lawyers, began to make their goodbyes, reluctantly acknowledging the reality of a Sunday evening with the prospect of a full work week to come. I am sure the memories of that crisp October evening and the camaraderie shared will be treasured by all who attended the game. As a wise man once told me, no one on his deathbed ever wished he had worked more.
For those who were at the Seahawks game, as well as those who wanted to be but were unable to make it, please note that there will soon be an announcement about another upcoming sporting event, this time a Sonics game in the Spring. We hope to see you there!
Eric Lewis is the vice chair of the WYLD Membership Committee. He can be reached at eric.l.lewis@guycarp.com.
WYLD Trial Advocacy Program
by Dubs Herschlip
Word is spreading that the Bar Association's Trial Advocacy Program (TAP) is offered to all lawyers, particularly to members of the Young Lawyers Division. TAP has run for almost a decade and has gone through many changes. Last year was a huge success, with triple the number of participants and masterful speakers. The mock trials took place at the King County Courthouse in front of real judges and live juries. Now we must get ready for next year. How do you know if you need TAP? Do you want good exposure in front of real judges? Do you need practice working in front of a jury? Do you want to know how to build a better case? TAP may be for you.
The best way to describe TAP is that it is an opportunity for an aspiring litigator to borrow from the trial masters' toolboxes. TAP offers a sanctuary for learning, helping a trial lawyer connect the left brain with the right brain. TAP provides training on professional behavior inside and outside the courtroom, scripting of openings and closings, exploring the physical aspects of the courtroom as a theater, communicating with witnesses and jurors, and backward-mapping from beyond the end of trial to give our participants a view of the big picture.
Last year, some of the state's most exceptional professionals offered their tools and knowledge including: Cynthia Estes of The Defenders Association on informal discovery; Robert Gellatly of Luvera Barnett Brindley Beninger et al. on discovery rules and pre-trial preparation: case analysis, motions, issue-spotting, themes, theories, and jury instructions; Timothy L. Ashcraft of Williams Kastner & Gibbs on evidence: admitting exhibits and technicalities; William S. Bailey of Fury Bailey Trial Lawyers on deposition techniques; Mike Wampold of Peterson Young Putra on experts: selecting, using, and deposing, and ethical issues; Charles Wiggins of Wiggins & Masters PLLC on objections and building record for appeal; James F. Williams of Perkins Coie on jury selection, voir dire, challenges and ethical issues; Karen Koehler of Stritmatter Kessler Whelan et al. on opening statements; Scott O'Toole of the King County Prosecuting Attorney's Office on direct examination; Francisco Duarte of Fox, Bowman & Duarte on cross examination and re-direct; John R. Connelly Jr. of Gordon Thomas Honeywell et al. on closing argument and damages; Connie Miller of Miller Communications on communication skills in the courtroom; Judge Richard McDermott Jr. of King County Superior Court on view from the bench including ethical considerations and courtroom behavior; and Judge Mary Yu of King County Superior Court and Michael Iaria of Cohen and Iaria, who presented a dynamic and humorous demonstration on the use of technology in the courtroom.
There were some major changes last year. First, we changed the location, and we thank Perkins Coie LLP for hosting our presentations on November 4 and 5 for free. Second, we changed the TAP format. We wanted to increase participation in TAP by lawyers statewide and we wanted participants to come ready to work, be engaged, and do some mental heavy lifting. We reduced the total time commitment from three months to two weekends.
One thing has not changed: the Attorney Tourney. Participants successfully conducted their own trials in front of real judges and live juries in the King County Courthouse. Repeating these successes depends upon volunteer judges, jurors, and members of the TAP planning committee. Members of the planning committee can attend the CLE for free and receive CLE credits, including ethical credits.
Dubs Herschlip is chair of the WYLD Trial Advocacy Program and an associate at the Newton Kight firm in Everett. He can be contacted at 425-259-5106 or dubs_ari_herschlip@yahoo.com.
