May 2006
FYI
WSBA Presidential Search
Application Deadline: May 15, 2006
The WSBA Board of Governors is seeking applicants for the position of WSBA president for 2007-2008. Pursuant to Article IV (A)(2) of the WSBA Bylaws, the primary place of business of candidates for president for 2007-2008 must be in the area east of the Cascade mountain range. The WSBA member selected to be president will have an opportunity to provide a significant contribution to the legal profession.
Applications for 2007-2008 WSBA president will be accepted through May 15, 2006, and should be limited to a current résumé, a concise application letter stating interest and qualifications, and no less than five or more than 10 references. The Presidential Search Committee and the Board of Governors will consider endorsement letters received by May 26, 2006. Applications and endorsement letters should be sent to the WSBA Executive Director, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330.
Confidential interviews with the Presidential Search Committee may be conducted. Direct contact with the governors is also encouraged. All candidates will have an interview with the full Board of Governors in open session at the June 9, 2006, meeting. Following the interviews, the Board will select the president.
Although prior experience on the WSBA's Board of Governors may be helpful, there is no requirement that one must have been a member of the Board of Governors or had previous experience in Bar activities. The candidate must be willing to devote a substantial number of hours to WSBA affairs and be a positive representative for the legal profession. The position is unpaid. Some expenses, such as WSBA-related travel, are reimbursed.
The commitment begins in June 2006 following selection. A one-year term as president-elect will begin at the Annual Business Meeting in September 2006. The president-elect is expected to attend the two-day board meetings held approximately every five to six weeks, as well as numerous subcommittee, section, regional, national, and local meetings. In September 2007, at the WSBA Annual Business Meeting, the president-elect will assume the position as president. During his or her service, the president-elect and president will also be required to meet with members of the Bar, the courts, the media, and public and legal interest groups, as well as be involved in the Bar's legislative activities. Appropriate time will need to be devoted to communication by letter, e-mail, and telephone in connection with these responsibilities. The duties and responsibilities of the president are set forth in the WSBA Bylaws.
Judicial Information Systems Committee Member Sought
Application Deadline: May 15, 2006
The WSBA Board of Governors is seeking a member interested in being nominated to represent the WSBA on the Washington State Supreme Court's Judicial Information System Committee (JISC) for a three-year term. The JISC is the policy-level steering committee for the Court's automation system. The committee is composed of four members from the appellate court level; four members from the superior court level; four members from the courts of limited jurisdiction level; and three at-large members, one each from the WSBA, the Washington Association of Sheriffs and Police Chiefs, and the Washington Association of Prosecuting Attorneys. Submit a letter of interest and résumé by May 15 to Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail barleaders@wsba.org.
Washington Pattern Jury Instruction Committee Member Sought
Application Deadline: May 15, 2006
The WSBA Board of Governors is accepting letters of interest and résumés from members interested in being nominated to the Washington State Supreme Court's Washington Pattern Jury Instruction Committee (PJIC) for a four-year term commencing on July 31, 2006. (A letter of interest and résumé are also required for incumbents seeking reappointment.) PJIC members review, discuss, and vote on instructions in the civil or criminal area as drafted by subcommittees or staff. The committee meets monthly in Seattle on Saturdays (except in July and August), and requires a considerable time commitment. The PJIC is composed of more than 30 members, both judges and lawyers, and includes two WSBA representatives. Submit a letter of interest and résumé by May 15 to Bar Leaders Division, WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330 or barleaders@wsba.org.
2006 Board of Governors Elections
On April 17, ballots were mailed to all active WSBA members eligible to vote for the 1st District governor. Returned ballots must be postmarked by May 15 in order to be counted. Board of Governors nomination forms for the 1st, 5th, and 7th-West congressional districts have been received from Russell M. Aoki, James S. Fitzgerald, Gail B. Nunn (1st District); Peter J. Karademos (5th District, unopposed); and Anthony Butler (7th-West District, unopposed).
The governors-elect and candidates have provided the following biographical statements:
1st District
Russell M. Aoki, candidate/1st District, states: I have been a lawyer in both the public and private sector for 20 years. My current practice at Aoki Sakamoto Grant LLP involves civil litigation and criminal defense. I am a past ABAW president, KCBA trustee, U.S. District Court Technology Working Group member, and Federal Magistrate Judge Merit Selection Panel member. I also served as the Criminal Justice Act Panel representative for our district's federal court-appointed criminal defense lawyers. I am currently the board president of Northwest Defenders Association, and our Supreme Court's appointee to the State Office of Public Defense Advisory Committee.
James S. Fitzgerald, candidate/1st District, states: Serving on the Board would provide a platform to further my keen interest in improving the professionalism of, and respect between, practitioners, and retaining and encouraging the best and brightest attorneys to serve in the judiciary, which would include securing adequate court funding and competitive judicial salaries. BA-Business UW 1975 (Phi Beta Kappa); UW Law 1978. Member: Livengood, Fitzgerald & Alskog, practicing primarily in healthcare, real estate, business transactions, and litigation. Admitted to practice: Washington, Oregon, U.S. Tax Court, USDC, 9th Circuit, U.S. Supreme Court. Member: ABA, KCBA, EKCBA, AHLA, WSSHA, WSTLA, Advisory Board-Network of Leading Law Firms. Past member: American Judicature Society.
Gail B. Nunn, candidate/1st District, states: I practice in Everett, as a member of O'Loane, Nunn & Guthrie. I received a Bachelor of Science with High Honor from Michigan State University in 1975 and a Juris Doctor Degree, cum laude, from the University of Puget Sound School of Law in 1986. I am very active in a variety of bar association activities, including Washington Women Lawyers, the Snohomish County Bar Association and Snohomish County Legal Services, where I am currently president of the board. I also serve on the Family Law Executive Committee of the Washington State Bar Association.
5th District
Peter J. Karademos, governor-elect/5th District, states: I look forward to receiving the support of my constituency in fulfilling the responsibilities of governor representing the 5th District. I have attended BOG meetings for approximately eight years; currently chair the WSBA Legislative Committee and Family Law Section; and am the liaison to the BOG for the Family Law Section. I oppose the legal-technician rule. I favor a new rule to allow attorneys to contract for reasonable fees, and I support the position that litigants be compensated for their personal injuries without artificial limits. The Board of Governors' main priority should be to their constituency.
7th–West District
Anthony Butler, governor-elect/7th-West District, states: I am a 1983 graduate of the University of Washington School of Law. I have served on the WSBA Legal Aid Committee, Diversity Committee, Civil Rights Committee, and the Court Rules and Procedures Committee. I am a past president of the Loren Miller Bar Association and a member of the ABA Standing Committee on Professional Discipline. I am a solo practitioner in the areas of legal ethics and plaintiffs' personal injury litigation. A hard worker, I look forward to serving on the Board of Governors to help improve the legal profession for the benefit of all members of our association.
WYLD At-large Position
Pursuant to WSBA Bylaws, Article III, "Nominations and Elections of Governors," Section M, "Election of At-large Governors," the Board of Governors will elect an at-large governor from nominations made by the Young Lawyers Division Board of Trustees on June 9, 2006.
Excerpt of Article III, in pertinent part: "In addition, the Board of Governors shall elect one at-large Governor from nominations made by the Young Lawyers Division Board of Trustees. Election may be by a secret written ballot. Except for the first election of a member nominated by the Young Lawyers Division Board of Trustees, the Trustees shall nominate two or more members who will be members of the Young Lawyers Division at the time of the election."
The following biographical statements were submitted by the WYLD nominees:
Jason T. Vail: I will bring to the Board a public-interest lawyer's perspective, which comes from my practice as an attorney with Northwest Justice Project. This perspective motivates my volunteer activities, including work with the Kitsap Volunteer Attorney Service, the Learning for Life Program, and on the Wonderland Birth-to-Three Developmental Center's Board of Directors. I also serve on the WSBA's Amicus Brief and Pro Bono committees, and as editor of the WYLD's De Novo publication. I hope to continue my service to the WYLD on the BOG, sharing my perspective and working to support and expand programs benefiting young lawyers.
Allison Williams: I've been a Seattle resident since 1994, a graduate of Seattle University School of Law since May 2002, and a member of the WSBA since November 2002. The Young Lawyers Division and I became acquainted soon after I became a WSBA member when I took up the co-chair position of the YLD CLE Committee, which I have now held for three years. I also served on the PDIC subcommittee in 2004-2005. I strongly believe in encouraging the continuing education of attorneys and enjoy spending my time to make such education accessible and affordable. My practice experience consists of over three years as an associate with a small firm in Seattle practicing in the areas of real estate, corporate transactions, estate planning, and commercial litigation.
WSBA President-elect (2006-2007)
The WSBA Board of Governors is seeking applicants for the position of WSBA president for 2007-2008. Pursuant to Article IV (A)(2) of the WSBA Bylaws, the primary place of business of candidates for president for 2007-2008 must be the area east of the Cascade mountain range generally known as eastern Washington. The WSBA member selected to be president will have an opportunity to provide a significant contribution to the legal profession.
Applications for 2007-2008 WSBA president will be accepted through May 15, 2006, and should be limited to a current résumé, a concise application letter stating interest and qualifications, and no less than five or more than 10 references.
Application(s) received to date (April 1, 2006): Stanley A. Bastian, 2600 Chester Kimm Road, Wenatchee, WA 98801; stanb@jdsalaw.com; 509-662-3685.
Fee Arbitration and Mediation Training Seminar
Have you wondered how the WSBA's Fee Arbitration or Mediation programs work? Are you a Fee Arbitration Panel or Mediation Panel member? Are you interested in becoming an arbitrator or mediator? Just curious? Join us on Thursday, May 18 from 1 to 4 p.m. at the WSBA office for the 2006 Alternative Dispute Resolution (ADR) Committee training seminar. WSBA Professional Responsibility Counsel Chris Sutton will discuss the ethical considerations of ADR. Stephanie Bell, mediator and assistant program manager for the King County Alternative Dispute Resolution Program, will speak on facilitating a successful mediation. This year's program also includes a mock mediation. Admission is free, and CLE credits are pending. For more information or to register, contact Natalie Cain, ADR program coordinator, at 206-733-5923 or nataliec@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 president of the WSBA 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, or Mark Sideman, director of the WSBA-CLE department.
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 wsba.org/atj, and for the Bar Leaders Conference at wsba.org/barleadershomepage.htm. CLE credit is pending for both conferences.
2006 License Fee Penalties and Suspension Information
2006 License Fee Penalties
If your 2006 license fee payment was postmarked or delivered in person to the WSBA office after April 3, there will be a 50 percent late-fee penalty assessed.
Presuspension Notice
A presuspension notice was issued in mid-March to those members who had not paid their 2006 license fees. If you received a presuspension notice and have paid your license fees, you can confirm receipt by the WSBA 10 days after you sent your payment by checking online at http://pro.wsba.org or contacting the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA, or questions@wsba.org.
Suspension Information
If any portion of the license fee, penalty, or assessment remains unpaid two months after WSBA issues a presuspension notice (issued March 17, 2006), the Supreme Court will enter an order suspending you from the practice of law in Washington state.
If Fees Are Paid Online by May 17
To pay your fees online, visit the WSBA website at www.wsba.org, click on the "For Lawyers" tab, and select "Pay License Fee Online." Sign in with your WSBA bar number and password to pay your license fees by MasterCard or Visa. The system allows payments only for the full amount billed, e.g., no Keller deductions or status changes.
Trust Account Declaration, MCLE Certification, and Other Forms
A Trust Account Declaration (one was included in your licensing packet) must be completed by all active members regardless of whether they actually have a trust account. Failure to file this form can result in disciplinary action. Group 2 active members were required to complete a MCLE Certification. There may have been other forms included in your licensing packet that you may want to complete and return, such as updating your contact information or reporting pro bono hours.
More Information
Full explanations of license fees, forms, policies, and deadlines are on the WSBA website at http://www.wsba.org/lawyers/-licensing/-annuallicensing.htm, or contact the WSBA Service Center.
Computer Clinic
Are you a total beginner? No problem. 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. 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 every second Monday of the month. The next clinic will be held on May 8 from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or e-mail peter@wsba.org.
LOMAP & Ethics Traveling Seminars
Plan to attend in Vancouver, Washington, on May 9; Montesano on May 10; or Olympia on May 11. Or come to 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.
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.
LAP Solution of the Month: Loss and Grief
A loss of any kind can trigger grief. While usually normal and predictable, grief can easily overwhelm you if you're already feeling stressed or anxious. Whether you've lost a loved one, a job, a case, a pet, or your health, you'll likely experience some grief. If you'd like a supportive ear, call the Lawyers' Assistance Program at 206-727-8268.
2006 WSBA Award Nominations Sought
Each year, members of the Washington State Bar Association are asked to identify those who deserve the legal profession's recognition and appreciation. Nominations are sought for the following awards:
Award of Merit. First given in 1957, this is the Washington State Bar Association's highest honor. The Award of Merit is most often given for long-term service to the Bar and/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. 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. 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. This award is presented for outstanding service to the bench and for special contribution to the legal profession at any level of the court.
Pro Bono Award. The deadline has passed for nominations.
Courageous Award. 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 Award. 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, persons with disabilities, and other persons of diversity.
Outstanding Elected Official Award. 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 usual call of duty.
Lifetime Service Award. 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.
President's Award. The President's Award is given annually in recognition of special accomplishment or service to the WSBA during the term of the current president.
Community Service Award. This 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.
Award presentation: The presentation of any WSBA award is made only when there is a truly deserving recipient. Some years, no award is given in some categories. Awards are limited to one recipient per category, except when a group of individuals earned the award together.
Nomination submissions: If you know an individual who fits the criteria set forth above, please visit www.wsba.org/barleadershomepage.htm, and complete and submit the nomination form. Self-nominations will not be accepted. Please note that the completed nomination form must accompany each nomination in order to be considered. The deadline for all nominations is May 8 except for the Pro Bono Award, which was March 31. Please send nominations to: Washington State Bar Association, Attn: Annual Awards, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, fax: 206-727-8319, e-mail: denec@wsba.org
The awards will be presented at the WSBA Annual Awards Dinner in Seattle on September 14, 2006, with the following exceptions: The Pro Bono Award will be presented at the Access to Justice Conference in Yakima on June 10, and the Outstanding Judge Award will be presented at the Fall Judicial Conference.
Statewide Diversity Conference to Be Held in June
Washington state's first diversity conference for the legal community will be held June 1-2. Entitled "Getting Ahead and Giving Back," the conference will begin Thursday evening with a reception and feature a variety of sessions all day Friday. Col. William Gunn (Ret.), president and CEO of the Boys and Girls Club of Greater Washington, D.C., will be the featured speaker at the luncheon on Friday. The conference will be held at Seattle University School of Law.
The conference is sponsored by the Asian Bar Association of Washington, Korean American Bar Association of Washington, Latina/o Bar Association of Washington, Loren Miller Bar Association, Northwest Indian Bar Association, Pierce County Minority Bar Association, QLaw: the GLBT Bar Association of Washington, South Asian Bar Association, and Vietnamese American Bar Association, in cooperation with the King County Bar Association, Seattle University School of Law, and Washington State Bar Association.
For more information, contact Conference Co-chair Kim Tran at 206-623-9900 or ktran@staffordfrey.com, Conference Co-chair Mike Heath at 206-587-0700 or mheath@cairncross.com, or WSBA Diversity Advocate Joslyn Donlin at 206-727-8216 or joslynd@wsba.org.
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.
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.
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
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/schedule.htm.
Usury Rate
The average coupon equivalent yield from the first auction of 26-week treasury bills in April 2006 was 4.849 percent. Therefore, the maximum allowable usury rate for May is 12 percent. Information from January 1987 to date is on the WSBA website at http://www.wsba.org/media/-publications/barnews/usury.htm.
