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September 2006FYIWSBA Seeks Board and Committee Members The WSBA Board of Governors is accepting letters of interest and résumés from members interested in serving on the following boards and committees. Members should submit letters of interest and résumés to: WSBA, Bar Leaders Division, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121-2330, or e-mail: barleaders@wsba.org. (Letters of interest and résumés are also required for incumbents seeking reappointment.) Legal Foundation of Washington Board of Trustees The Legal Foundation of Washington seeks one member to serve a two-year term on its board of trustees commencing on January 1, 2007. Incumbents are eligible for reappointment (up to two consecutive terms). The Legal Foundation of Washington is a private, not-for-profit organization that promotes equal justice for low-income people through the administration of IOLTA and other funds. Trustees should have a demonstrated commitment to, and knowledge of, the need for legal services and how these services are provided in Washington. For more information, e-mail caitlindc@legalfoundation.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 will be submitted to the Washington State Supreme Court for appointment and will serve four-year terms commencing on January 1, 2007. Incumbents are eligible for reappointment (limited to two consecutive terms). In keeping with the member requirements of APR 12, one position must be filled by a representative from the real estate industry, and at least one of the other two positions must be filled by an attorney member of the WSBA. The board generally meets every other month. Northwest 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, 2007. Incumbents are eligible for reappointment (up to two consecutive terms). The Northwest Justice Project is a not-for-profit organization that receives primary funding from the state and through the federal Legal Services Corporation to provide civil legal services to low-income people. 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 mac@nwjustice.org or lisag@nwjustice.org. Washington Defender Association Board of Directors The Washington Defender Association (WDA) seeks two members to serve on its board of directors, one for a two-year term, and one for a three-year term. Both terms will commence on January 1, 2007. The board generally meets 10 times per year. The WDA is committed to increasing the funding and improving the quality of the criminal-defense bar in Washington and works to oppose legislation that would undermine constitutional protections for people accused of crimes. Washington Pattern Forms Committee The Washington Pattern Forms Committee seeks one member to serve a four-year term commencing on January 1, 2007. Incumbents are eligible for reappointment (up to two consecutive terms). The Washington Pattern Forms Committee has published new sexual assault protection order forms and updates to the domestic relations, domestic violence, anti-harassment, juvenile court, misdemeanor judgment and sentencing, and felony judgment and sentencing forms, available at www.courts.wa.gov/forms. For more information, e-mail merrie.gough@courts.wa.gov. WSBA Leadership Institute Receives Fellowship The WSBA Leadership Institute has received a LexisNexis Martindale-Hubbell Legal Fellowship. The Fellowship, established in 2005, was created to support the continued development of individuals and associations that embrace the advancement of education, the practice of public interest, and diversity in the legal profession. Martindale-Hubbell Legal Fellowships are granted bi-annually, in June and December, with an award of $15,000. This is the second national recognition for the WSBA Leadership Institute; in 2005, the Institute was named one of four recipients of the American Bar Association's Partnership Program Awards. This prestigious award recognizes efforts by bar associations throughout the country to increase diversity in the legal profession. The mission of the WSBA Leadership Institute is to recruit, train, and retain Washington attorneys who have been admitted to practice for three to 10 years for leadership positions in the legal community and in the WSBA. Program participants ("fellows") are selected with an emphasis on diversity (racial, ethnic, gender, sexual orientation, disability, cultural, and geographic). An additional benefit of this program is the expansion of leadership potential for local, minority, and specialty bar associations. Although diversity is the emphasis, no one will be left out or excluded from consideration if they meet the selection criteria and submit an application. 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
• 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 disks, 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's copyright, 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 can be used to meet the requirements of the current reporting period. If your current reporting period credits total exceeds 45, you can carry over a maximum combined total of 15 credits to your next reporting period. Only two ethics credits and five A/V credits can be carried over. C2 Reporting Requirement: All active members due to report are required to file a Continuing Legal Education Certification (C2) form listing all CLE courses taken for credit compliance. The deadline for filing your C2 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 form. • The C2 form is an affidavit and must be signed and dated, and the city and state where signed must be identified. • C2 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 handwrite them on the back of the C2 form, you can print a copy of your roster and attach it to your C2 form. State on your C2 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 and on the member's online profile correctly reflect the hours actually attended for each CLE. Online credits can be edited by clicking on the "edit" link next to each course. Credits on the C2 can be corrected manually. • The C2 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 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 can 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 can 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 form, will satisfy your MCLE requirements in Washington. MCLE System — Course Listing and Member Profiles: Members 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. • Search for approved courses being offered. Go to the WSBA website at www.wsba.org and click on "MCLE Website" in the left sidebar. 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-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. New Requirements for In-House CLEs Certified Weather Records The National Weather Service's National Climatic Data Center (NCDC) is an excellent source for certified weather records. NCDC archives all U.S. weather data, such as forecasts and warning products, as well as weather observations, including Doppler weather radar and satellite imagery. For more information, visit www.ncdc.noaa.gov. New Public Records Act Deskbook From WSBA-CLE WSBA-CLE and the Administrative Law Section are pleased to announce the release of the Public Records Act Deskbook: Washington's Public Disclosure and Open Public Meetings Law, the definitive guide to requesting and providing access to government records in Washington. Written by experts in the field, this one-volume deskbook answers questions on all aspects of Washington's Public Records Act — from what is a public record to what is an agency — while addressing the specifics of requesting investigative, personnel, medical, and court records; court remedies to obtain disclosure; and court-awarded attorneys' fees, costs, and penalties. It also includes chapters on the federal Freedom of Information Act and the Washington Open Public Meetings Act. The deskbook is priced at $150. For more information or to order, visit www.wsbacle.org, or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. Judicial-Evaluation Website Now Available A valuable new resource for Washington voters is now available. The "Voting for Judges" website (www.votingforjudges.org) is a nonpartisan source of judicial-evaluation information for appellate court candidates running for office in Washington's September 9, 2006, primary election. The WSBA is pleased to join other organizations in helping to sponsor this important source of information. Legal Foundation of Washington Notice of Public Meeting The trustees of the Legal Foundation of Washington will meet on September 14, 2006, at the Legal Foundation of Washington office in Seattle, 1325 Fourth Ave., Ste. 1335. The public may appear from 9-9:30 a.m. in order to comment on the Foundation's activities. This opportunity is made pursuant to Article I, Section 1.7 of the Legal Foundation of Washington Bylaws. For more information, call 206-624-2536. Attorney Volunteers Organize Spanish-Language Educational Forum in Tri-Cities Nominations Sought for Public Legal Education Award The Council on Public Legal Education is accepting nominations for its Flame of Democracy Award, given to an individual, organization, or program in Washington state that has made a significant contribution to increasing the public's understanding of law, the justice system, or government. The mission of the CPLE — a committee of the Access to Justice Board — is to promote public understanding of the law and civic rights and responsibilities. First presented in 2002 to the late journalist Richard Larsen, the award was established to highlight the important educational work being done by teachers, lawyers and judges, the media, and a variety of advocacy and community organizations and individuals. Nominations are due October 1, 2006, and should be made in the form of a letter (maximum 500 words) describing the nominee's work and how it addresses the mission of the CPLE. The letter should also include the name of a reference who can provide additional information about the nominee. Supporting material may also be submitted; please limit print materials to 10 pages and audio-visual materials to 30 minutes. Self-nominations are encouraged. All nominations will be kept confidential. Nominations should be addressed to Pam Inglesby, WSBA, 2101 Fourth Ave., Ste. 400, Seattle WA 98121-2330. E-mail submissions are acceptable, and may be sent to pami@wsba.org. For more information about the CPLE, visit www.plecouncil.org. Update Your Contact Information Now is the ideal time to check that the WSBA has your correct contact information for the 2007 license fee renewal packets scheduled to be mailed in early December. APR 13(b) requires all attorneys to update their office address and telephone number within 10 days of a change. You can check your listing by going to the online lawyer directory at http://pro.wsba.org. If anything 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-WSBA (9722) or 206-443-WSBA. Redmond Attorney Named AAA-CPA First Female President Cynthia M. Strouss was named the first female president of the American Association of Attorney-Certified Public Accountants. Ms. Strouss, a principal in the Strouss Law Firm PLLC, focuses on business law, real estate law, estate planning, asset protection, and federal taxation. During her tenure as president, Ms. Strouss plans to build on the groundwork of her predecessors and focus on membership growth and chapter development. Washington Defense Trial Lawyers Elects New Officers At its annual meeting in July, Washington Defense Trial Lawyers elected Spokane attorney Steve Stocker, a principal with Stamper, Rubens, Stocker & Smith P.S., as president, and Seattle attorney Rick Roberts, a staff attorney with The Hartford, as president-elect. Also elected were Emilia Sweeney of Lane Powell PC as secretary and Ted Buck of Stafford Frey as treasurer. New board members are Jayne Freeman of Keating, Bucklin & McCormack, Inc., P.S.; A. Grant Lingg of Forsberg & Umlauf; Ryan Beaudoin of Witherspoon, Kelley, Davenport & Toole, P.S.; Nat Green of Hollenbeck, Lancaster & Miller; and Aaron Rocke of the Washington State Attorney General's Office. Washington Defense Trial Lawyers is a statewide association of civil defense attorneys dedicated to the highest professional standards of integrity, excellence, and commitment to a fair and just legal system. Casemaker Access Casemaker is a powerful online research library provided free to WSBA members. Visit the WSBA website at www.wsba.org and click on the Casemaker logo to access the Casemaker homepage. For help using Casemaker, contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. Upcoming Board of Governors Meetings September 14-15, Seattle Family Law and Civil Procedure Deskbooks Supplements Bring your library up to date with the 2006 supplements to the Washington Family Law Deskbook (2d ed. 2000) and Washington Civil Procedure Deskbook (2d ed. 2002), scheduled for release this fall. To receive these supplements automatically and enjoy a 10 percent discount, sign up for the Automatic Update Service online at http://pro.wsba.org/forms/automatic.asp, or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. You can also ask to be notified when the supplements are available by calling the numbers above or e-mailing orders@wsba.org. WSBA Court Rules and Procedures Committee 2006-2007 Agenda When it reconvenes in October, the WSBA Court Rules and Procedures Committee is scheduled to review the Rules of Evidence (ER) and the Infraction Rules for Courts of Limited Jurisdiction (IRLJ). Suggestions regarding these rules or questions about the work of 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. Seeking Applications From Judicial Candidates 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 will interview candidates in November 2006. 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. To obtain an application, visit the WSBA website at www.wsba.org/lawyers/groups/judicialrecom Armed Forces Fee Exemption WSBA members whose status is active and who are otherwise eligible for the armed forces exemption (as described in the newly amended WSBA Bylaw II.E.1.b.) can apply for a waiver of WSBA license fees beginning in December. WSBA members whose status is inactive or emeritus must still pay the annual license fees. If you are an active member and believe you are eligible for the fee exemption, contact the WSBA Service Center at 800-945-WSBA (9722) or 206-443-WSBA, or questions@wsba.org beginning in December. 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 next clinic will be held on September 11 from 10 a.m. to noon at the WSBA office. For more information, contact Pete Roberts at 206-727-8237 or peter@wsba.org. Speakers Available The WSBA Lawyers' Assistance Program offers speakers for engagements at county, minority, or specialty bar associations, or other law-related organizations. Topics include stress management, life/work balance, and recognizing and handling problem-personality clients. For more information, contact Jennifer Favell, Ph.D., at 206-727-8267. LAP Solution of the Month: Career Planning Has your career turned out the way you planned? Do you have a clear vision for the next five, 10, 20 years? If not, what's getting in your way? For help developing your career plan, call the Lawyers' Assistance Program at 206-727-8269. All calls are confidential. Contract Lawyer Meeting LOMAP hosts a meeting of contract lawyers the first Tuesday of each month at the WSBA office from noon to 1:30 p.m. The next meeting dates are September 5 and October 3. Bring a lunch and network with other contract lawyers. LOMAP & Ethics Traveling Seminars Plan to attend in Pullman on September 12, Colville on September 13, Moses Lake on October 24, or Wenatchee on October 25. 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/lomapontheroad.htm. 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 next meeting is September at the WSBA office. 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 e-mail rebeccan@wsba.org. 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. We offer a sliding-fee scale ranging from $0-$30 depending on ability to pay. For more information about the LAP, call 206-727-8268, or visit www.wsba.org/lawyers/services/lap.htm. 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, nor 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 www.wsba.org/lawyers/services/adr.htm or call 206-733-5923. Facing an Ethical Dilemma? The WSBA Ethics Line can help members analyze a situation, apply the proper rules, and make an ethically sound decision. Calls made to the Ethics Line are confidential, and most calls are returned within one business day. Any advice given is intended for the education of the inquirer and does not represent an official position of the WSBA. Call the Ethics Line at 800-945-9722, ext. 8284, or 206-727-8284. Search WSBA Ethics Opinions Online 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 800-945-9722, ext. 8284, or 206-727-8284. Learn More About Case-Management Software The WSBA's Law Office Management Assistance Program (LOMAP) office maintains a computer for members to review software tools designed to maximize office efficiency. The LOMAP staff is available to provide materials, answer questions, and to make recommendations. To make an appointment, contact Julie Salmon at 206-733-5914 or juliesa@wsba.org. WSBA Annual Awards Dinner and 50-Year Member Tribute Luncheon The 2006 WSBA Annual Awards Dinner will be held Thursday, September 14, at the Renaissance Madison Hotel in Seattle. The 50-Year Member Tribute Luncheon will be held Friday, September 29, at the Hilton Seattle. All members of the legal community are invited to attend these events. See registration forms on page 42 of this issue. Usury Rate The average coupon equivalent yield from the first auction of 26-week treasury bills in August 2006 was 5.190 percent. Therefore, the maximum allowable usury rate for September 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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