|
|
|
 |  |
 |
 |
WSBA Info | |
|
For Lawyers | |
|
For the Public |  |
 |
For the Media |  |
|
CLE |  |
| | Bench Bar Guidelines | News Releases | Publications | |
|
|
November 2006FYISeeking Applications from Judicial Candidates Application deadline: December 29, 2006 The WSBA Judicial Recommendation Committee is currently accepting applications from attorneys and judges seeking consideration for appointment to fill potential vacancies on the Washington State Supreme Court and Court of Appeals. The Committee’s recommendations are reviewed by the WSBA Board of Governors and then referred to the state governor, who then reviews the recommendations when making judicial appointments. The Committee will interview candidates in February 2007. Applications must be received at the WSBA office by 5 p.m., December 29, 2006. To obtain an application, please visit the WSBA website at www.wsba.org/lawyers/groups/judicialrecommendation/default1.htm or contact the WSBA Service Center at 800-945-9722 or 206-443-9722, or by e-mail at barleaders@wsba.org. Please specify whether you need the application designed for a judge or an attorney. Changing Your Status to Emeritus As the 2007 WSBA licensing period approaches, you may be thinking of changing your membership status to accommodate your current career or lifestyle. If you no longer need your active WSBA license, here are reasons to consider Emeritus status. APR 8(e) creates a limited license status of Emeritus for attorneys otherwise retired from the practice of law, to practice pro bono legal services through a qualified legal services provider. A qualified legal services provider is a “not-for-profit legal services organization whose primary purpose is to provide legal services to low-income clients.” There are no MCLE requirements (although you may attend optional CLE seminars at no cost so that you are aware of changes in the law). The 2007 license fee for Emeritus is $120. This is a significant savings in time and money if you are paying for an active license that you no longer need. Under most circumstances, Emeritus attorneys can remain in Emeritus status indefinitely without having to retake the bar exam if/when returning to active status. Most qualified legal services providers provide malpractice insurance for Emeritus volunteers. There is no age requirement for Emeritus attorneys. Volunteering for a “qualified legal services organization” allows you to control your own schedule. Most importantly, the Emeritus Program provides an opportunity for attorneys to give something back to their communities by helping those who are less fortunate. One or more qualified legal service organizations are present in most Washington state counties. They include Columbia Legal Services, a statewide legal services program; Northwest Justice Project, a central statewide point of access for clients; specialized legal services programs (such as Northwest Women’s Law Center, Unemployment Law Project, and Northwest Immigrants Rights Project); and county volunteer-attorney programs. These organizations offer a wide variety of volunteer opportunities such as direct representation, mentoring, advice clinics, self-help clinics, board membership, telephone advice, and document preparation. Emeritus also allows for pro bono services for criminal cases through some public-defender agencies. The Program does its best to find a niche to fit your legal expertise, interest, and time schedule. Emeritus attorney Rebecca Clark had practiced law for 20 years when she decided to change her status from active to Emeritus. “I left my job as manager of the Skagit County Volunteer Lawyer Program [VLP] in January 2006 and took an administrative position that did not require an active Bar license. I decided that, although I no longer needed to be an attorney to make a living, I still wanted to be able to use my skills to help low-income clients. Having managed the Skagit County VLP for four years, I knew what a valuable resource Emeritus attorneys were for clients who might not otherwise be able to access legal services. I currently volunteer for the VLP legal clinic and sit on the steering committee. It allows me to maintain a connection to the work that I believe is so necessary, while not requiring me to be a full-time licensed attorney. Emeritus status allows me to fit volunteer time into my schedule and support a program that is crucial to our community.” An Emeritus training session has been scheduled for Friday, January 26, 2007, in Seattle at the WSBA office. This training is a requirement for changing to Emeritus status and will provide an opportunity for you to meet representatives from qualified legal-services providers. Travel expenses will be reimbursed. For more information about the Emeritus Program, registration for the training session, and the logistics of changing your WSBA status to Emeritus, please contact WSBA Access to Justice Liaison Sharlene Steele at 206-727-8262, or 800-945-9722, ext. 8262, or sharlene@wsba.org. 2007 License Fee Mailing and Address Update Reminder The 2007 license-fee renewal packets are scheduled to be mailed in early December. The deadline for updating your address to be included in the license-fee renewal packet mailing was October 15. Please call the WSBA to request a duplicate packet if you have not received yours by December 31, 2006. You can check your listing by going to the online lawyer directory at http://pro.wsba.org. If any of your contact information (name, address, phone number, or e-mail address) has changed, please update the information by e-mailing questions@wsba.org, faxing the change to 206-727-8319, or calling the WSBA Service Center at 800-945-9722 or 206-443-9722. APR 13(b) requires all attorneys to update their office address and telephone number within 10 days of the change. WYLD Seeks De Novo Associate Editor The Washington Young Lawyers Division (WYLD) Editorial Advisory Board (EAB) is seeking a practicing member of the WYLD to serve as De Novo associate editor. Responsibilities include assisting the editor with procuring and editing feature articles, working with authors, and managing De Novo correspondence. The associate editor will work closely with the editor, the EAB, and the WYLD liaison in the areas of organizing content, proofreading, and coordinating articles and schedules to meet specific deadlines. The associate editor will ultimately assume the position of editor. Editorial/publication experience is desirable. Submit résumé and writing samples to: De Novo Associate Editor Search, Attn: Amy O’Donnell, WSBA, 2101 4th Ave., Ste. 400, Seattle, WA 98121-2330. Applications must be received by 5 p.m. on December 1. It is anticipated that the associate editor will begin his or her duties in January 2007. The term is for 18 months as associate editor, followed by 18 months as editor. “Foundations of Freedom” Educational Pamphlet Now Available The WSBA has created a new consumer-information pamphlet called “Foundations of Freedom” that covers the basics of American government and democracy. The pamphlet describes the rule of law, the separation of powers, checks and balances, and judicial independence. It also includes a short quiz and a list of useful websites. Lawyers and judges are encouraged to bring the pamphlet with them when they speak to students or the public in schools, courtrooms, and community centers. Teachers may also request the pamphlet for classroom use. The WSBA can provide reasonable numbers of copies at no charge, or the pamphlet may be downloaded from the WSBA website at www.wsba.org/public/consumer. Requests for copies should be directed to pami@wsba.org. Ensure Delivery of WSBA-CLE Products by Year-end The Washington State Bar Association office will be moving during December; consequently, WSBA-CLE will not have its traditional on-site “bookstore” selling recorded seminar products in December. However, all of these products, which provide A/V-CLE credits, can be ordered online at www.wsbacle.org. Order by December 15 to ensure receipt via standard delivery by December 29. MCLE Certification for Active Members — Due Date for MCLE Reporting WSBA members are divided into three MCLE reporting groups based on year of admission. (Newly admitted members are exempt. See “Newly Admitted Members” below.) Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, 2003, or 2006 Reporting Group Next Reporting Period Complete Credits by File C2 Form by Credit Requirements The following credit requirements must be met by December 31 of the last year of an active member’s reporting period: • At least 45 total credits of MCLE Board-approved CLE activities must be taken, which need to include a minimum of 30 live credits and six ethics credits. • Pre-recorded self-study (A/V) courses cannot be more than five years old, except MCLE Board-approved “skills-based” courses. Pre-recorded self-study courses include the traditional audio-visual (A/V) media of video tapes and cassette tapes. They also include archived webcasts, DVDs, compact discs, and other media with a soundtrack of the MCLE Board-approved course presentation. Written materials should be included with these courses and reviewed prior to claiming credit. In addition, written materials must be purchased by each member, where required by the sponsor, prior to claiming credit. • Six pro bono credits can be earned per year. Two of these credits are for approved annual training, which must be taken prior to being able to earn credit for the pro bono work. Four pro bono credits may be earned each year if at least four hours of pro bono work was provided through a qualified legal services provider. Carry-over CLE Credits. Carry-over credits from the previous reporting period may be used to meet the requirements of the current reporting period. If your current reporting period credits total exceeds 45, you may carry over a maximum combined total of 15 credits to your next reporting period. Only two ethics credits and five A/V credits may be carried over. C2/C3 Reporting Requirement. All active members due to report are required to file a Continuing Legal Education Certification (C2/C3) form listing all CLE courses taken for credit compliance. The deadline for filing your C2/C3 form is February 1 of the year following the end of your reporting period. Note: • Your online roster is not a substitute for filing the C2/C3 form. • The C2/C3 form is a declaration and must be signed and dated, and the city and state where signed must be identified. • C2/C3 forms are included in the license packets sent in early December to all members due to report (which will be Group 3 members this year). • All CLE courses listed on member rosters as of October 2006 will be printed on the back of the C2 form. If you took more CLE courses after October 1, and if they appear on your online roster and you do not want to hand-write them on the back of the C2 form, you may print a copy of your roster and attach it to your C2/C3 form. State on your C2/C3 form that the attached online roster printout is a true and correct statement of the CLE courses taken for credit compliance. • Members must verify that the credit hours listed on the C2/C3 and on the member’s online profile correctly reflect the hours actually attended for each CLE. Online credits may be edited by clicking on the “edit” link next to each course. Credits on the C2/C3 may be corrected manually. • The C2/C3 form should be filed by February 1, even if all the credits needed for compliance have not been completed. MCLE Late Fees. All active members who have not completed their credits by December 31 of the last year of their reporting period, or who submit their C2/C3 reporting forms after March 1 of the following year (the end of the grace period after the February 1 deadline), must pay a late fee. The late fee for the first reporting period of non-compliance is $150 and increases by $300 for each consecutive three-year reporting period of noncompliance. Newly Admitted Members. If you are a newly admitted member, you are exempt from reporting CLE credits for the year of your admission and the following calendar year. If you were admitted in 2005, you will not report for this reporting period (2004-2006) even though you are in Group 3. You will first report at the end of the 2007-2009 reporting period. When you report at the end of your first reporting period, you may claim all CLE credits earned on or after your date of admission to the WSBA. MCLE Comity. If you are an active member of the WSBA and your primary office for the practice of law is in Oregon, Idaho, or Utah, you may meet your Washington mandatory CLE requirements by providing proof of current MCLE compliance from the Oregon, Idaho, or Utah state bar. Only a Certificate of MCLE Compliance from your primary state bar (not a “Certificate of Good Standing”), sent with your WSBA C2/C3 form, will satisfy your MCLE requirements in Washington. MCLE System — Course Listing and Member Profiles. Members may use the online MCLE system to: review courses taken and credits earned; apply for course approval; apply for writing credit, pro bono credit, or prep-time credit; and search for approved courses being offered. To use the MCLE system, go to the WSBA website at www.wsba.org and click on “MCLE Website” in the upper left corner. On the next screen, click on the “Member” tab, then select “Member Login.” The online instructions will lead you through the process of creating a confidential password and using the system. Online help is available. If you have any questions about using the MCLE system or about the MCLE compliance requirements, see the online FAQs at www.wsba.org/lawyers/licensing/faq-mcle.htm, call the WSBA Service Center at 800-945-9722 or 206-443-9722, or e-mail questions@wsba.org. New APR 11 Regulation 104(e) Requirements for In-House CLEs. Starting with the 2005-2007 reporting period, 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 are the result of amendments to APR 11 Regulation 104(e) adopted by the Supreme Court that went into effect on November 8, 2005. MCLE Certification for Group 3 (2004-2006) If you are an active WSBA member in MCLE Reporting Group 3 (2004-2006), you will receive your Continuing Legal Education Certification (C2/C3) forms in the license packet that will be mailed in early December. The deadline for returning the C2/C3 form to the WSBA is February 1. Any C2/C3 forms delivered to the WSBA or postmarked after March 1 will be assessed a late fee. Members in Group 3 include active members who were admitted to the WSBA in 1984-1990 or in 1993, 1996, 1999, or 2002. Members admitted in 2005 are also in Group 3 but are not due to report until the end of 2009. Their first reporting period will be 2007-2009; however, any credits earned on or after the day of admittance to the WSBA may be counted for compliance. The Continuing Legal Education Certification (C2/C3) form that you will receive in your license packet is a declaration that lists all the WSBA-approved courses in your MCLE online profile for the 2004-2006 reporting period as of mid-October. If you take other courses after mid-October, you can add these to the back of the C2 form (the C3 form) when you receive it. The C2/C3 form, not your online profile, is the official record of MCLE compliance. The original copy of the C2/C3 form must be returned to the WSBA to meet compliance requirements. All WSBA-approved courses that you list on your C2/C3 form must have an Activity ID number. This number is listed on your online MCLE profile and is assigned at the time that the Form 1 for each course is reviewed. If you have taken courses that have not yet been approved by the WSBA, please submit Form 1s for these courses immediately to ensure that they are approved before your C2/C3 is due. Because of high volumes from October through February, Form 1s submitted electronically (at http://pro.wsba.org) could take up to four weeks or more to process. Paper Form 1s may take up to six weeks or more to process. If you submit a paper Form 1, you will be notified by mail of its Activity ID number. If you are not able to meet the credit requirement by December 31, 2006, and need more time to complete your credits, an automatic extension will be granted until May 1, 2007. There is no need to apply for it. However, a late fee will be imposed if you take any courses after December 31 that are needed for compliance or if your C2/C3 form is submitted late. If this is the first reporting period in which you will not meet MCLE compliance requirements, the late fee will be $150. The late fee increases by $300 for each consecutive reporting period you are late in meeting MCLE requirements. If you have questions about the Form 1 process or MCLE compliance, please contact the WSBA Service Center at 800-945-9722 or 206-443-9722, or e-mail questions@wsba.org. MCLE Compliance Report (C4/C5) in 2007 License Packets All active members who are not due to report MCLE compliance at the end of this year, including new admittees, will receive a report (the C4/C5 form) in their 2007 licensing packets. Each member’s report lists all credits reported to the WSBA for the member’s current reporting period as of mid-October. APR 11.6(a)(3) requires that the WSBA provide an annual report to each active member regarding the credits and courses posted to their MCLE online rosters. This report will help non-reporting active members to better track their credits, as well as ensure correct reporting and compliance at the end of their reporting period. If you receive the C4/C5 form in your 2007 license packet, it is for your information only. No action needs to be taken unless you want corrections to be made. If you want to make corrections to your WSBA MCLE roster, go to http://pro.wsba.org. Click on the “Member” tab, and then on “Member Login.” The online instructions will lead you through the process of creating a confidential password and beginning to use the system. Online help is available. You may also contact the WSBA Service Center to have corrections made and/or to request an MCLE system instruction booklet at 8009459722, 2064439722, or questions@wsba.org. Casemaker Access Casemaker is a powerful online research library provided free to WSBA members. To access Casemaker, go to the WSBA website at www.wsba.org and click on the Casemaker logo on the right sidebar to access the Casemaker homepage. Click on the Casemaker button to begin. For help using Casemaker, you can contact the WSBA Service Center at 800-945-9722 or 206-443-9722, or e-mail questions@wsba.org. Attorney General Notice — State Employee Garnishments The Washington State Office of the Attorney General advises that incorrect or incomplete state employee garnishment paperwork served on the Attorney General can result in costly delays and additional processing fees. The Attorney General is the appropriate place to serve the writ of garnishment whenever the defendant is a state employee. However, the garnishee defendant must also be correctly identified on the writ of garnishment. The garnishee defendant can be listed as either the state agency which employs the defendant, or the State of Washington. When the Attorney General is incorrectly listed as the garnishee defendant, and the defendant is actually an employee of a different state agency, the writ of garnishment must be returned to the sender for correct employer information. If the State of Washington is listed as the garnishee defendant, a processing clerk will check available databases to determine if the individual is employed by a state government agency and forward the writ to that agency. However, available databases may not include the named defendant. In order to avoid delays and additional processing fees, it is very important to list the appropriate state agency as the garnishee defendant to ensure timely processing of the writ of garnishment. The Washington State Attorney General should not be served and does not process garnishments for employees of private employers. Maleng to Receive ABA’s “Minister of Justice” Award
McKenna Named Aspen-Rodel Fellow The Aspen Institute has selected Attorney General Rob McKenna for a new fellowship program honoring public leaders the international organization has identified as “the true rising stars” of American politics. McKenna is one of 24 young elected officials selected after an eight-month search. They will form the second two-year class of the Aspen-Rodel Fellowships in Public Leadership, designed to bring together the very best of the nation’s emerging leaders to discuss broad issues of effective public service. Goff Appointed Washington’s New Supreme Court Commissioner Washington Supreme Court Deputy Commissioner Steven Goff has been appointed to the position of court commissioner by the Washington State Supreme Court’s nine justices. Goff replaces Commissioner Geoffrey Crooks, who retired in September after 27 years in the role. Goff, who was appointed as the Court’s first deputy commissioner in 1989, has also worked as staff attorney, senior staff attorney, and chief staff attorney in the commissioner’s office. Goff will serve as only the third Supreme Court Commissioner in Washington history. Tang Named President of American Bar Foundation David Tang, a partner at Preston Gates Ellis in Seattle, has been named president of the American Bar Foundation. Established in 1952, the American Bar Foundation is an independent, nonprofit national research institute dedicated to the study of law, legal institutions, and legal processes. Tang has been active in a variety of ABA activities, including serving on the ABA House of Delegates since 2002. 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, or a lawyer and another professional. Either party to a dispute may initiate fee arbitration or mediation. Both programs are non-disciplinary, voluntary, and confidential. Visit www.wsba.org/lawyers/services/adr.htm or call 206-733-5923 or 800-945-9722, ext 5923. LAP Solution of the Month: Boundaries Do you have trouble saying “no” when you should? Are you struggling with cases your gut told you to avoid? If so, you may have trouble setting and maintaining good boundaries. Figure out what your limits are, then practice saying “no.” The Lawyers’ Assistance Program can help. Call 206-727-8268 to schedule a free, confidential consultation. Enjoy feeling in control again. Computer Clinic The WSBA offers a hands-on computer clinic for members wanting to learn more about what programs — such as Outlook, PowerPoint, Excel, Word, and Adobe Acrobat — can do for a lawyer. Are you a total beginner? No problem. Computers are provided, and seating is limited to 15 members. There is no charge, and no CLE credits are offered. The next clinic will be held November 13 from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237, or 800-945-9722, ext. 8237, or peter@wsba.org. Contract Lawyer Meeting LOMAP hosts a meeting of contract lawyers the first Tuesday of every month at the WSBA’s conference-room facility. The next meeting is November 7 from noon to 1:30. The following meeting will be held December 5. Please bring your lunch — coffee is provided — and network with other contract lawyers. Job Seekers Discussion Group Looking for a job or making a transition? Join the Job Seeker Discussion Group the second Wednesday of each month from noon to 1:30 p.m. The next meeting is November 8 at the WSBA office. The topic will be “Boundaries — When You Get Your Job or Open Your Practice.” Lawyers’ Assistance Program peer counselors will share their experiences, and there will be opportunities to network. 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. Come as you are — no need to RSVP. For more information, contact Jennifer Favell, Ph.D., at 206-727-8267, or 800-945-9722, ext. 8267, or jenniferf@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 206-727-8284 or 800-945-9722, ext. 8284. Search WSBA Ethics Opinions Online You can search both formal and informal WSBA ethics opinions at http://pro.wsba.org/io/search.asp. Opinions can be searched by number, year issued, ethical rule, subject matter, or keyword. Ethics opinions are issued by the WSBA to assist members in interpreting their ethical obligations in specific circumstances. The opinions are the result of study and analysis in response to requests from WSBA members. For assistance, call the Ethics Line at 206-727-8284 or 800-945-9722, ext. 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. Contact Jennifer Favell, Ph.D., at 206-727-8267 or 800-945-9722, ext. 8267. Assistance for Law Students The Lawyers’ Assistance Program offers counseling to third-year law students attending Washington schools. Sessions are held in person or by phone. Treatment is confidential and available for depression, addiction, family and relationship issues, health problems, and emotional distress. A sliding-fee scale is offered ranging from $0-$30 depending on ability to pay. Call 206-727-8268, or 800-945-9722, ext. 8268, or visit www.wsba.org/lawyers/services/lap.htm. LOMAP & ETHICS Traveling Seminars Plan to attend in Oak Harbor on November 14, Bellingham on November 15, or Burlington on November 16. Registration is $84, and each seminar has been approved for four CLE credits, including two ethics. For more information, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org, or visit www.wsba.org/lawyers/services/lomapon Help for Judges The WSBA Judges Assistance Program provides confidential assistance to judges experiencing personal or professional difficulties. Telephone or in-person sessions are available on a sliding-scale basis. For more information, call the program at 206-727-8268 or 800-945-9722, ext. 8268. 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 make recommendations. To make an appointment, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org. December 8-9, LaConnner With the exception of a one-hour executive session, 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 October 2006 was 5.014 percent. Therefore, the maximum allowable usury rate for October is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm. Correction In the “Diversity and the Law” article in October’s Bar News, the website address given for the Korean American Bar Association was incorrect. The correct website address is www.kaba-washington.org. In addition, the website address for the Vietnamese American Bar Association has been updated. The new site is www.vabaw.com.
|
