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October 2007Northwest Justice Project Board of Directors The Northwest Justice Project seeks two members to serve three-year terms on its Board of Directors. The terms will commence on January 1, 2008. Incumbents are eligible for reappointment. The Northwest Justice Project is a not-for-profit organization funded by the state of Washington and the federal Legal Services Corporation to provide free civil legal services to low-income people throughout Washington. Board members, who play an active role in setting program policy and assuring adequate oversight of program operations, must have a demonstrated interest in, and knowledge of, the delivery of high-quality civil legal services to the poor. For more information, e-mail cesar@nwjustice.org or lisag@nwjustice.org. Please submit a letter of interest and résumé to: WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539, or e-mail barleaders@wsba.org. Statute Law Committee The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving a two-year term on the Statute Law Committee, commencing upon appointment. This 12-member committee seeks to foster accurate publication of laws and agency rules services in a professional and strictly nonpartisan and cost-effective manner. The primary responsibilities are to periodically codify, index, and publish the Revised Code of Washington; and to revise, correct, and harmonize the statutes of administrative or suggested legislative action as may be appropriate. The committee meets at least twice a year. Please submit a letter of interest and résumé to: WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101, or e-mail barleaders@wsba.org. Limited Practice Board The WSBA Board of Governors seeks three candidates for appointment to the Limited Practice Board, which oversees administration of, and compliance with, the Limited Practice Rule (APR 12) authorizing certain lay persons to select, prepare, and complete legal documents pertaining to the closing of real estate and personal-property transactions. The candidates' names will be submitted to the Washington State Supreme Court for appointment and will serve four-year terms commencing January 1, 2008. In keeping with the member requirements of APR 12, one position must be filled by a representative from the lending industry, one by a representative of the escrow industry, and the other position must be filled by an attorney member of the WSBA. LPOs in the lending and escrow industry are encouraged to apply. The board generally meets every other month. Please submit a letter of interest and résumé to: WSBA Bar Leaders Division, WSBA, 1325 4th Ave., Ste. 600, Seattle, WA 98101-2539, or e-mail barleaders@wsba.org. Commission on Judicial Conduct The WSBA Board of Governors is seeking applicants interested in serving as a member on the Commission on Judicial Conduct. One member position is available. The Commission reviews complaints of ethical misconduct against judicial officers, discusses the progress of investigations, and takes action to resolve complaints. The goal of the Commission is to maintain confidence and integrity in the judicial system by seeking to preserve both judicial independence and public accountability. The public interest requires a fair and reasonable process to address judicial misconduct or disability, separate from the judicial appeals system that allows individual litigants to appeal legal errors. The Commission consists of 11 members who serve four-year terms — six nonlawyer citizens, three judges, and two lawyers. Each member has an alternate whose term coincides with their corresponding member's term. The lawyers must be admitted to practice in Washington and are appointed by the WSBA. The term for this member position will commence immediately upon appointment and expire on June 16, 2008. Please submit a letter of interest and résumé to: WSBA Bar Leaders Division, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539, or e-mail barleaders@wsba.org. Further information on the Commission can be found at their website, www.cjc.state.wa.us, or by contacting them at 360-753-4585. Seeking Questionnaires from Candidates for Judicial Appointments The WSBA Judicial Recommendation Committee (JRC) is accepting questionnaires from attorneys and judges seeking consideration for appointment to fill potential Washington State Supreme Court and Court of Appeals vacancies. Interested individuals will be interviewed by the Committee on the dates listed above. The JRC's recommendations are reviewed by the WSBA Board of Governors and referred to Governor Gregoire for consideration when making judicial appointments. Materials must be received at the WSBA office by the deadline listed above. To obtain a questionnaire, visit the WSBA website at www.wsba.org/lawyers/groups/judicial WSBA Court Rules and Procedures Committee 2007-2008 Agenda When it reconvenes this month, the WSBA Court Rules and Procedures Committee is scheduled to review the Superior Court Civil Rules (CR), the Mandatory Arbitration Rules (MAR), and the Civil Rules for Courts of Limited Jurisdiction (CRLJ). Suggestions regarding these rules or questions about the committee should be directed to Douglas Ende at 206-733-5917 or e-mail WSBACourtRules@wsba.org. Interested individuals are encouraged to participate in the work of the committee. For more information, see www.wsba.org/-lawyers/groups/courtrules/default.htm. 2008 License Fee, Late Fees, and Suspension Information Address/Contact Information Update. Changes must be received prior to October 24 for your correct 2008 License Fee Packet mailing in December. APR 13(b) requires all attorneys to update their office addresses and telephone numbers within 10 days of any change. 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 us at 800-945-WSBA (9722) or 206-443-WSBA (9722). New Mandatory Disclosure Regarding Professional Liability Insurance. Pursuant to Rule 26 of the Admission to Practice Rules (APR), this licensing season all active members of the WSBA will be required for the first time to disclose on the annual licensing form whether they maintain professional liability insurance. Effective as of July 1, 2007, new admittees and members returning to active status are required to report this information at the time of admission on forms provided to them with their admission or status change documents. Note: Washington lawyers are not required to have professional liability insurance coverage; APR 26 requires only that active Washington lawyers report to the WSBA whether they have such coverage. Because this is a new requirement and the information will be collected during the upcoming licensing season, the Lawyer Directory information for most lawyers will not reflect whether there is professional liability coverage until at least the end of March 2008. An exception will be lawyers newly admitted or recently returned to active status, who are required to report in connection with becoming active. For more information on this rule, see http://pro.wsba.org/insurancedisclosure WSBA Bylaw on Armed Forces Fee Exemption. The WSBA will begin processing Armed Forces Exemptions in December for the 2008 Licensing Year. WSBA Bylaw Section II.E.1.b., provides for a fee exemption for eligible members of the Armed Forces. This section of the WSBA Bylaws provides: "An active member of the Association who is activated from reserve duty status to full-time active duty in the Armed Forces of the United States for more than sixty days in any calendar year, or who is deployed or stationed outside the United States for any period of time for full-time active military duty in the Armed Forces of the United States shall be exempt from the payment of membership fees and assessments for the Lawyers' Fund for Client Protection upon submitting to the Executive Director satisfactory proof that he or she is so activated, deployed or stationed. All requests for exemption must be postmarked or delivered to the Association offices on or before March 1st of the year for which the exemption is requested. Eligible members must apply every year they wish to claim the exemption. Each exemption applies for only the calendar year in which it is granted, and exemptions may be granted for a maximum total of five years for any member." WSBA members whose membership status is active and who are otherwise eligible for the Armed Forces exemption as described above can apply for a waiver of WSBA license fees beginning in December. (WSBA members whose WSBA membership status is inactive or emeritus must still pay the annual WSBA license fees for that status.) If you are an active member and you believe you are eligible for the fee exemption, contact the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA (9722), or questions@wsba.org; or contact Kevin McKee at kevinm@wsba.org or 206-727-8243 or 800-945-9722, ext. 8243 for application information beginning in December. MCLE Certification for Group 1 (2005-2007) If you are an active WSBA member in MCLE Reporting Group 1 (2005-2007), 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 3 will be assessed a late fee. Members in Group 1 include active members who were admitted to the WSBA through 1975 or in 1991, 1994, 1997, 2000, or 2003. Members admitted in 2006 are also in Group 1 but are not due to report until the end of 2010. Their first reporting period will be 2008-2010; 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 received in your license packet is a declaration that lists all the MCLE Board-approved courses that were in your MCLE online profile for the 2005-2007 reporting period as of mid-October 2007. If you took other courses after mid-October, you can add these to the back of the C2/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 MCLE Board-approved courses that you list on your C2/C3 form must have an Activity ID number. This number is listed in your online MCLE profile and is assigned at the time that the Form 1 for each course is input to the MCLE system. If you have taken courses that have not yet been approved by the MCLE Board, please submit Form 1s for these courses immediately to ensure that they are approved before your C2/C3 is due. A "Certificate of Attendance" or other sponsor-provided certification will not be sufficient to receive course credit. If the sponsor has not received course accreditation from the Washington MCLE Board, you must submit a Form 1 application and full agenda for the course in order to receive credit. 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 were not able to meet the credit requirement by December 31, 2007, and need more time to complete your credits, an automatic extension will be granted until May 1, 2008. There is no need to apply for it. However, a late fee will be assessed if you took 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-WSBA (9722) or 206-443-WSBA (9722), or e-mail questions@wsba.org. 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. Group 2: Admitted in 1976 through 1983, 1992, 1995, 1998, 2001, 2004, or 2007. Group 3: Admitted in 1984 through 1990, 1993, 1996, 1999, 2002, or 2005.
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. The courses must meet the requirements of APR 11, but they do not need to be taken in Washington state. Many courses are offered around the world which meet the requirements of APR 11. "Live" courses include classroom instruction, live webcasts (not pre-recorded webcasts), and teleconferences. "Ethics" courses, and segments of larger courses, must meet the requirements of APR 11 Regulation 101(n) or (o) to be considered for ethics credit. • 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 disks, and other media with a sound track 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 1 members this year). • All CLE courses listed on member rosters as of October 2007 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. • You must verify that the credit hours listed on the C2/C3 and on your 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 noncompliance 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 2006, you will not report for this reporting period (2005-2007) even though you are in Group 1. You will first report at the end of the 2008-2010 reporting period. Members admitted in 2007 will not report until the end of the 2009-2011 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 outside of Washington and if you are a member of the Oregon, Idaho, or Utah state bars (comity states), you may meet your Washington mandatory CLE requirements by providing proof of current MCLE compliance from your comity state bar. Only a Certificate of MCLE Compliance from your comity 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. You can 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 Web Site" in the upper left corner. On the next screen, click on the "Member" tab, then select "Member Login." The online instructions lead you through the process of creating a confidential password and using the system. Online help is available. If you have 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-WSBA (9722) or 206-443-WSBA (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 and regardless of whether the course was open or closed. There are no limits on the number of credits you 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. The Supreme Court will not be changing this requirement in 2007. "Foundations of Freedom" Civics Pamphlet Available The WSBA has created a 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, community organizations, 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 Pam Inglesby at pami@wsba.org. Women in Solo Practice Group The WSBA Lawyers Assistance Program is offering a group this fall for women who are actively engaged in solo practice. This group will provide a place to meet and talk with others who are dealing with similar challenges as well as opportunities for learning new skills and practical solutions that can help participants feel more connected and energized about their work. The group will meet weekly for eight sessions, from 8:00 to 9:30 am on Wednesdays, starting October 3 and ending on November 14. It will be limited to a maximum of 10 members. The group will be co-facilitated by Rebecca Nerison and Abby Smith. There will be a sliding-fee scale. If you are interested, please call either Rebecca at 206-727-8269 or 800-945-9722, ext. 9269, or Abby at 206-733-5988, or 800-945-9722, ext. 5988, for more information about this group. LAP Solution of the Month: Career on Track? Has your career turned out the way you planned? Do you have a clear vision for the next five, 10, or 20 years? If not, what's getting in your way? If you'd like some help developing your career plan, call the Lawyers Assistance Program at 206-727-8268. 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. Click on the Casemaker button to begin. For help using Casemaker, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org, or call the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA (9722). Job Seekers Discussion Group Looking for a job or making a transition? Join the Job Seekers Discussion Group the second Wednesday of each month from noon to 1:30 p.m. The next meeting is October 10 at the WSBA office. The group discusses where to look for jobs, how to grow 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. Bring your business cards and practice networking skills. For more information call 206-727-8269 or 800-945-9722, ext. 8269, or e-mail rebeccan@wsba.org. Please note the WSBA's new address: 1325 Fourth Ave., Ste. 600, Seattle. 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. Contract Lawyer Meeting Discuss the issues with other contract lawyers on October 9 from noon to 1:30 at the WSBA office. Bring your lunch — coffee is provided — and network with other contract lawyers. For more information, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org. Please note the WSBA's new address: 1325 Fourth Ave., Ste. 600, Seattle. LOMAP and Ethics on the Road: The 2007 Traveling Seminars Plan to attend in Walla Walla on October 2, Richland on October 3, or Yakima on October 4. Registration is $89. This seminar has been approved for four CLE ethics credits. For more information and a complete calendar of fall seminars, contact Julie Salmon at 206-733-5914, or 800-945-9722, ext. 5914, or juliesa@wsba.org, or visit www.lomap.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. The clinic on October 8 will focus on Excel and Internet research, and the clinic on October 22 will focus on computer basics: getting started, navigating through Windows, computer features, and security and maintenance. Clinics are held from 10 a.m. to noon at the WSBA office. For more information or to RSVP, contact Julie Salmon at 206-733-5914, 800-945- 9722, ext. 5914, or juliesa@wsba.org. Please note the WSBA's new address: 1325 Fourth Ave., Ste. 600, Seattle. Problem Getting a Client to Pay? Dispute with another lawyer or an expert witness? The WSBA offers two programs to aid in the resolution of disputes involving lawyers. These programs serve both members and the public. 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. For more information, visit the WSBA website at www.wsba.org/lawyers/services/adr.htm or call the ADR coordinator at 206-733-5923 or 800-945-9722, ext. 5923. Learn More About Case-Management Software The WSBA Law Office Management Assistance Program (LOMAP) 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, or 800-945-9722, ext. 5914, or juliesa@wsba.org. Facing an Ethical Dilemma? The WSBA Ethics Line can help members analyze a situation involving their own prospective conduct, apply the proper rules, and reach 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 Formal and informal WSBA ethics opinions are available online at http://pro/wsba.org/io/search.asp, or from a link on the WSBA homepage, www.wsba.org. You can search opinions 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. 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 coordinator at 206-727-8268 or 800-945-9722, ext. 8268. 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. Upcoming Board of Governors Meetings With the exception of the 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, 800-945-9722, ext. 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 September 2007 was 4.554 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.
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