January 2003

"Two Things…"

by Jan Michels
WSBA Executive Director
janm@wsba.org

Profile of the Board of Governors

Last month, in preparation for the Board of Governors meeting, we created a demographic profile of the board.  

We are pleased that the demographics of the 14 governors and two officers for 2002-2003 exactly reflect the gender composition of members. Geographic distribution is primarily determined by congressional districts, but the governor-at-large positions do affect it. Given that the board is small compared to the WSBA's 23,100 active members, the geographic distribution is close. The age distribution is not quite as close a match, although the leadership in most organizations probably also reflects this skew toward more senior leaders.

We also examined firm size and non-firm practice. Although many board members do litigate, only 30 percent primarily consider themselves trial lawyers. Only two board members fall into a category which might be termed "downtown Seattle large-firm lawyers," whereas half the board members are in firms with fewer than five lawyers. Twenty-five percent are in non-firm practice, with two representing the public sector and one each representing administrative law and in-house counsel. Survey information from Altman Weil shows this mix corresponds to lawyers' practice in general, although the number of lawyers in solo and small-firm practice may be higher in some areas. The board may be short on representation of family law and limited jurisdiction points of view, although there are board members who do practice in some of these areas. We have no Pacific Islander or Asian American on the board, and there has never been an active prosecutor on the board.

Offering this profile may help members understand and relate to their governor and the board as a whole. This year, four governor positions come open. Groups who may feel underrepresented may wish to consider identifying a candidate for a governor position. Cycling off the board (districts 1, 5, 7-west, and WYLD at-large) will be a representative of government lawyers and a female. Groups can also assign a liaison to the Board of Governors. The board encourages active liaison participation in meetings, since liaison input often influences the board in significant ways.

Bridging to the Future

On December 5, the Board of Governors, encouraged by the Long-Range Strategic Planning Committee, engaged Stuart Forsyth, "The Legal Futurist," to lead and coach them and the WSBA directors into futuristic thinking about the profession of law. Stuart Forsyth has been a practicing lawyer, a bar association executive, and for five years has re-educated and reinvented himself as a futurist — one who discerns trends, emerging issues, and potential "wild cards" that may affect the future of the profession and its practitioners.

We identified six areas in which to work with members to create our best possible future, to avoid a future driven by outside forces and created by others.

1. Lawyers' relevance to clients. Consumers have access to an incredible amount of information, and they demand individualized/customized products and services. Lawyers need to focus on client desires and needs. The WSBA can offer assistance to members on ways to discern what each client wants, and how to package their services in ways that clients feel are individually custom tailored. We can also review conduct rules to be sure they support this new way of practicing.

2. Dispute resolution. In response to the increasing cost of litigation and decreasing funding, possibly resulting in decreased availability of court time, lawyers need to incorporate a broader spectrum of dispute-resolution techniques into their practice. The WSBA can educate members and the public about these techniques.

3. Protecting the rule of law. In response to erosions of the core principals of our rule of law, we all need to make a stand for right to counsel, due process, privacy, and the attorney-client privilege.

4. The balance between personal, professional and business needs. In response to increasing pressures on our time, sphere of attention and life goals, we need to develop and promote tools for coping. Problems can range from law-school debt, aging parents, and child-rearing to unrealistic expectations or dissatisfaction with the practice of law.

5. Managing change. In response to the exponential speed of innovation and the impact of a global digital marketplace, lawyers can feel increasingly extraneous and lost. We need to understand the impact of these forces on daily practice; see how to add wisdom to the increasingly "commodified" legal practice; embrace technology; and impact changes through legislation and rules of conduct.

6. The WSBA's relevance to members. To be a bar association that members find helpful and relevant, the WSBA must be supportive and communicative. As lawyers' "trade association," the WSBA must protect members' interests, as well as the public interest. The WSBA needs to address issues such as practicing across borders and state lines, competing with technology, and offering a full array of services.

The action items will be incorporated into a revised long-range strategic plan and will be detailed on the WSBA Web site in the coming months.

To obtain a videotape of the sessions, contact the executive director's office (janm@wsba.org or 206-727-8244).