|
|
|
 |  |
 |
 |
WSBA Info | |
|
For Lawyers | |
|
For the Public |  |
 |
For the Media |  |
|
CLE |  |
| | Bench Bar Guidelines | News Releases | Publications | |
|
|
FYI: For Your InformationCLE Publication Going to Press this Month Third Edition of Award-winning Washington Appellate Practice Deskbook CLE-Publications proudly presents the latest edition of this popular reference tool, edited by Catherine W. Smith and Howard Goodfriend of Edwards, Sieh, Smith & Goodfriend in Seattle, and written by the state's top appellate practitioners. Even lawyers who regularly deal in litigation often have a limited understanding of appeals; this resource is guaranteed to help clarify the process. Chapters include exclusive statistical analysis of disposition rates on appeal in Washington — and how to evaluate the economic risk of appeal; how to determine the specific issues to be raised on appeal; various goals of criminal, civil, and administrative law appellants; and policy-based decision-making that is the essence of the appellate process. Get direct advice for effective appellate advocacy and oral argument, and gain practical information. Whether appeals are the focus of your practice or an occasional part of it, this two-volume resource will improve your chances for success. Order the Washington Appellate Practice Deskbook ($325 plus tax, S&H) online at http://store.yahoo.com/wsbastore/deskbooks.html or call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA for more information. 2005 Licensing Packets Licensing packets were mailed in early December. The packet includes your license-fee invoice, trust-account declaration form and, if applicable, MCLE certification form. If you have not received your licensing packet by now, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org, to request a duplicate. Please note that it is your responsibility to pay your annual license fee, regardless of whether you receive the licensing packet. If you are mailing your forms and payment. The return envelopes for your forms and payments have instructions on the reverse side for improvement in processing and ease of use. Please review them carefully before mailing your forms and payment. If you are paying your fees online. To pay your fees online, go to http://pro.wsba.org, click on the "Member" tab, and sign in with your WSBA Bar # and password. Prompts will lead you through the process to pay your 2005 license fees by MasterCard or Visa. The system only allows payments for the full amount billed, e.g., no Keller deductions or status changes. Note that you do not need to return the A2 form if you pay online. Active members have other forms in their packets that must be completed and returned by the due date. There may be other voluntary forms in the packet that you may want to complete and return to the WSBA. Payment deadline. 2005 license fees are due no later than February 1, 2005. Please note that if your payment is postmarked later than March 1, 2005, WSBA Bylaws require a 20 percent penalty to be assessed and a pre-suspension notice to be mailed. If your payment is postmarked after April 1, 2005, a 50 percent penalty will be assessed. Important note about paying your fees. If either your license fee or, for active members, the Lawyers' Fund for Client Protection assessment remains unpaid two months after the mailing of the pre-suspension notice, the delinquency will be certified to the Supreme Court, which will enter an Order of Suspension from the practice of law. Software Conversion. In late summer 2004, the WSBA underwent a software conversion of the membership database. It is possible that not all information converted correctly. If you believe the amount showing on your licensing form (A2) is not correct, please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or e-mail questions@wsba.org. MCLE Certification for Group 1 (2002-2004) Due February 1, 2005 Active WSBA members in MCLE Reporting Group 1 (2002-2004) should have received their Continuing Legal Education Certification (C2) forms in the license packets that were mailed in December. The deadline for returning the C2 forms to the WSBA is February 1, 2005. If you did not receive your packet and/or the C2 form, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Members in Group 1 include active members who were admitted to the WSBA in all years through 1975, or in 1991, 1994, 1997, or 2000. Members admitted in 2003 are also in Group 1 but are not due to report until the end of 2007. Their first reporting period will be 2005-2007, but 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 in your license packet is an affidavit that lists all the WSBA-approved courses that were in your MCLE online profile for the 2002-2004 reporting period as of mid-November. The C2/C3 form, not your online profile, is the official record of MCLE compliance. To ensure that you meet all compliance requirements, please follow the applicable instructions in the paragraphs below. If you have taken courses since the course information on the C2/C3 form was printed, ensure that these courses have been added to your online profile, then print and attach the profile to the C2/C3 form. Indicate on your C2/C3 form that the attached profile is the true and correct record of the courses taken for the reporting period. Alternatively, you may simply add by hand to the back of the C2/C3 form the additional WSBA-approved courses you took. Ensure that you include the Activity ID number and all other required information for each course. The deadline for completing the C2/C3 form and returning it to the WSBA is February 1, 2005. All active members must send in a completed C2/C3 form. If you were not able to meet the credit requirement by December 31, 2004, an automatic extension will be granted until May 1, 2005; however, a late fee will be imposed. If this is the first period in which you have not met MCLE compliance requirements, the late fee is $150. The late fee increases by $300 for each consecutive reporting period that you are late in meeting MCLE requirements. See "MCLE Certification for Active Members — General Information" below for further information about MCLE reporting period compliance. MCLE Certification for Active Members — General Information Due Date for MCLE Reporting. All WSBA members are divided into three MCLE reporting groups based upon year of admission: Group 1: Admitted through 1975, 1991, 1994, 1997, 2000, or 2003* *New admittees (exempt) – See "Newly Admitted Members" below Group 1 Group 2 Group 3 Credit Requirement. These credit requirements must be met by December 31 of the last year of an active member's reporting period: earn at least 45 total credits of WSBA-approved CLE activities, which must include a minimum of 30 live credits and a minimum six ethics credits. A/V courses can be no more than five years old, except skills courses. Six pro bono credits can be earned per year. Two of these credits are for the annual training prior to doing the pro bono work. Four credits of pro bono credit may be earned each year if at least four hours of pro bono work were provided through a qualified legal services provider. Carryover CLE Credits. Carryover credits from the previous reporting period must be used to meet the requirements of the current reporting period. If your current reporting period total credits exceed 45, you may carry over a maximum combined total of 15 general and ethics credits. Only two ethics credits and five A/V credits may be carried over. 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, must pay a late fee of $150. The late fee 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 2003, you will not report this reporting period (2002-2004) even though you are in Group 1. You will first report at the end of 2007 for the 2005-2007 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 practice is Oregon, Idaho, or Utah, you may meet your mandatory CLE requirements by providing proof of current compliance. Only a Certificate of Compliance from your state bar, sent with your Washington Continuing Legal Education Certification (C2) form, will satisfy your MCLE requirements in Washington. MCLE System — Course Listing and Member Profiles. Members may use the online MCLE system at http://pro.wsba.org to review courses taken and credits earned, apply for course approval, apply for writing credit or for prep-time credit, and search for approved courses being presented in the future. To use the MCLE system, go to http://pro.wsba.org, click the "Member" tab, then select "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. If you have any questions about using the MCLE system or about the MCLE compliance requirements, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. WSBA Members on Active Military Duty At its January 2004 meeting, the Board of Governors approved a Bylaw amendment that allows all active WSBA members who are on active duty in the military to waive WSBA license fees and remain active members for up to five years. (WSBA members on active duty whose WSBA membership status is inactive or emeritus must still pay the annual WSBA license fees.) If you are currently an active member on active military duty, please contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Resources The 2005 Resources Directory will print the contact information in the WSBA membership database as of February 1, 2005. Now is the ideal time to check that the WSBA has your correct contact information in its database. You can check by going to the online lawyer directory on the WSBA Web site at http://pro.wsba.org. If your contact information has changed, please complete and return the Contact Information Change Form included in the license packet to the address shown on the form or by fax to 206-727-8319, or e-mail the changes to questions@wsba.org. Please update your information as soon as possible, but no later than January 31, 2005, for inclusion in Resources. For more information, please see the WSBA website at www.wsba.org/lawyers/licensing/annuallicensing.htm, or contact the WSBA Service Center Monday through Friday, 8:00 a.m. to 5:00 p.m., at 800-945-WSBA, 206-443-WSBA, or questions@wsba.org. Books for Belarus WSBA member Elizabeth Vasiliades is currently teaching law on a fellowship program at the Belarus State Economic University in Minsk, Belarus. She is coaching two teams of law students for moot court competitions. Access to Western legal resources is minimal to non-existent, making student preparation for classes and moot court extremely difficult. WSBA members may be able to help these students by donating used legal books. If you have legal texts on international law, criminal law, property, commercial law, or other topics that are outdated, duplicates, or simply sitting in a dusty bin somewhere, these books would be put to good use by Ms. Vasiliades and her students. If you have texts you would like to donate, please send them to the WSBA; we will then send them on to Ms. Vasiliades in Belarus. Please send your donated books to: Member and Community Relations Dept., WSBA, 2101 Fourth Ave., Ste. 400, Seattle, WA 98121. WSBA Staff Auction Benefits Charities The 7th Annual WSBA Staff Holiday Charity Auction raised $4,045. Money raised was given to two charities: the Make-A-Wish Foundation of Washington State and Treehouse. The Make-A-Wish Foundation grants the wishes of children with life-threatening illnesses. Treehouse is devoted to serving children in foster care in King County through educational and enrichment programs. Bellevue Lawyer Kevin Jung Seriously Wounded On November 3, Bellevue attorney Kevin Jung was shot and seriously wounded while leaving his office to attend a court hearing. Mr. Jung, a married 44-year-old father of two boys, remains in serious condition. It is uncertain whether he will be able to practice law again. A solo practitioner in business and immigration law and active within the Korean community, Mr. Jung was the sole support of his family. The Kevin Jung Family Support Trust Fund has been set up through U.S. Bank to provide a source of ongoing financial support to the Jung family during this very difficult period. A contribution to the fund can be made at any branch of U.S. Bank. Senior Attorneys Discussion Group: A Matter of Connection We will meet on Thursday, January 20, 4:00-5:30 p.m., in the WSBA fourth-floor conference room, 2101 Fourth Ave., Ste. 400, Seattle. Dr. Jenny Favell will present her recent Commission on Lawyers' Assistance Programs national program, "Secondary Traumatic Stress: What You Don't Know Will Hurt You." We talk about issues important to senior attorneys who continue to be involved, creative, healthy, and active. Please join us. For more information, contact Jenny Favell, Ph.D., LAP, 206-727-8267. Lawyers' Assistance Program Peer Counselor Statewide Network We are attorneys who volunteer support to others who need someone to listen when times are tough. We are not professional mental-health counselors, but receive training at our statewide conference in April and regional trainings throughout the year. We seek to expand the diversity we represent and offer to WSBA members. Would you have time and interest in listening, recognizing when a peer needs referral for additional support, attending a training, educating the legal community about the healthy practice of law, and giving of yourself as your time allows? Please call Jenny Favell, Ph.D., 206-727-8267. Last Chance to Apply for 2005 WSBA Leadership Institute (Deadline: January 10, 2005) The WSBA is still seeking applicants for its newly established Leadership Institute, which begins in February. The WSBA recognizes that many newer lawyers, particularly those of color, women, and those from traditionally underrepresented groups, have not been recruited for leadership positions or made aware of opportunities for skill development, professional growth, and leadership training that are available through the WSBA. The mission of the WSBA Leadership Institute is to recruit, train, and retain Washington attorneys who have been admitted for 10 years or less for leadership positions in the legal community and in the WSBA, with an emphasis on racial, ethnic, gender, sexual orientation, disability, cultural, and geographic diversity. Ten fellows will be carefully selected for the first year's program, which will take place February through September 2005. Fellows will devote approximately 70 hours to the program, which includes eight professional-development seminars (on topics such as the logistics of legal practice, the judiciary, public- versus private-sector employment, and the legislative process) and participation in a group community-service project. Fellows will earn 30 CLE credits. There will be no charge to participants. Applications will be accepted until January 10, 2005, and selected fellows will be notified by January 31, 2005. Information, including application forms and instructions, is available on the WSBA website at www.wsba.org/lawyers/leadership_institute.htm. Also see the article on page 28 of the December 2004 issue of Bar News. Thinking of Changing Your WSBA Membership Status? Consider Emeritus. As the 2005 WSBA licensing period approaches, you may be thinking of changing your membership status to more accurately reflect your current career or lifestyle. If you no longer need your active WSBA license, here's why you should 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 organization. A qualified legal-services organization is defined as "an organization that exists primarily for the purpose of providing legal services to low-income clients." There are no MCLE requirements (although you may attend optional CLE seminars at no cost so that you stay apprised of changes in the law). The 2005 license fee for emeritus is $117. 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 re-take the bar exam if/when returning to active status. 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 others); 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 service, telephone advice, and document preparation. Emeritus also allows for pro bono services for criminal cases through some public-defender offices. Emeritus attorneys and judges are currently volunteering in many capacities, including the Northwest Justice Project's CLEAR intake line (one remotely, from home); the Northwest Women's Law Center Board of Directors; a Columbia Legal Services administrative law case; King County Bar Association Neighborhood Legal Clinics; defense services for the Associated Counsel for the Accused in the Seattle Municipal Court's Mental Health Court; and writing wills for low-income seniors in Skagit County. We do our best to find a niche to fit your legal expertise and time schedule. An emeritus training session has been scheduled for Tuesday, January 25, 2005, at the WSBA office in Seattle. This training is a requirement for changing to emeritus status and will provide an opportunity for you to meet the providers. Travel expenses will be reimbursed. For more information about the Emeritus Program, the training session, and how to change your WSBA status to emeritus, please contact Sharlene Steele, WSBA access to justice liaison, at 206-727-8262 or sharlene@wsba.org. Address Update Reminder The 2005 licensing packets were mailed in early December. The deadline for updating your address to be included in the licensing packet mailing was October 15, so please call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA to request a duplicate packet if you did not receive yours by December 31. 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, fax, 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-WSBA or 206-443-WSBA. Just Released: 2005 Annual WSBA CLE Publications Catalog The 2005 edition of the Publications Catalog from WSBA CLE Publications is now available! It's your convenient guide to outstanding products and services from the WSBA CLE, the leader in innovative legal education. Save your catalog for the coming year to order our premier deskbooks, audiotapes, coursebooks, and more — whether online, or by phone, fax, or mail. Need another one? Call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. WSBA Members Encouraged to Complete Pro Bono Reporting Form Each WSBA member is encouraged to take a few minutes in January to complete the voluntary pro bono reporting form included in the WSBA annual licensing packet. The form asks each WSBA member to identify the number of hours spent in 2004 performing legal services for no fee or a substantially reduced fee for low-income people or organizations whose primary mission is to serve low-income people. These are, generally speaking, the services covered by RPC 6.1(a). (The text of the ethics rule is included in the reporting form.) The form also asks each WSBA member to identify the number of hours provided at no fee or a substantially reduced fee for other matters for the public good, including legal services for religious and educational organizations, bar association activities, and efforts to improve the law. These are among the activities covered by RPC 6.1(b). Public-service time spent on non-legal civic activities (e.g., serving as a board member for an arts or music organization) is not within the scope of RPC 6.1 and should not be reported. If you have any questions on how to complete the form, contact the WSBA Service Center at 800-945-WSBA, 206-443-WSBA, or questions@wsba.org, RPC 6.1's aspirational goal is a minimum of 30 pro bono hours per year, and those who report 50 or more hours receive a recognition certificate and publication of their names in Bar News. Individual lawyers' responses are not tracked. The general statistical information will be used to track overall pro bono activities and trends in Washington. Please complete and return the form by the March 1, 2005 deadline that applies to the entire licensing packet. Mileage Reimbursement Rate Increased January 1, 2005 The Board of Governors recently adopted a policy to make the WSBA mileage reimbursement rate adjustment effective January 1 rather than October 1. This change is being made so that our rate adjustments will correspond with the IRS's schedule of implementing new rate changes effective January 1. The new rate, effective January 1, 2005, is 40.5 cents per mile. The revised Expense Report Form is on the WSBA website (www.wsba.org), and hard copies are available by request from the WSBA office (call the WSBA Service Center at 800-945-WSBA or 206-443-WSBA). Please note that for travel that occurred between October 1, 2004, and December 31, 2004, the rate of 37.5 cents per mile applies. Random Acts of Professionalism Program The WSBA Professionalism Committee has created a way for lawyers and judges to recognize their colleagues who have conducted themselves in a professional manner consistent with the Creed of Professionalism. Through the Random Acts of Professionalism Program, lawyers and judges may nominate their colleagues to receive the award. Nominating a lawyer or judge for the award is very easy — simply send his or her name, along with a brief description of why you are nominating the person, to Judy Berrett, staff liaison to the Professionalism Committee, at judithb@wsba.org, or fax to 206-727-8319. That's all there is to it! The nominated person will receive a letter, a certificate, and a copy of the WSBA Creed of Professionalism. Usury Rate The average coupon equivalent yield from the first auction of 26-week treasury bills in December 2004 was 2.442 percent. The maximum allowable interest rate for January is therefore 12 percent. Compilations of the average coupon equivalent yields from past auctions of 26-week treasury bills and past maximum interest rates for June 1988 to June 1999 appear on page 53 of the June 1999 Bar News. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm. Upcoming Board of Governors Meetings January 21-22 — Olympia 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. Lawyer-to-Lawyer Program: Mentors Needed for Newer Admittees The WSBA's Lawyer-to-Lawyer Program matches newer admittees with experienced lawyers. The program is not a structured mentoring program and does not supplant any similar programs of local or specialty bars. We connect lawyers with similar practices in the same geographic area for mutual information-sharing and goodwill. We need experienced attorneys to serve as informal mentors, especially in King County. Help new lawyers get a head start on learning those lawyering skills not found in any textbook. Interested members may contact Pete Roberts (206-727-8237; peter@wsba.org) in the Law Office Management Assistance Program. Program guidelines and sign-up forms are available at www.wsba.org/lawyers/services/lawyertolawyer.htm. 19th Annual Goldmark Award Luncheon The Legal Foundation of Washington will present the 2005 Charles A. Goldmark Distinguished Service Award to Ada Shen-Jaffe at the 19th Annual Goldmark Award Luncheon. The luncheon will be held Friday, February 18, 2005, at the Emerald Ballroom of the Red Lion Hotel on Fifth Avenue between noon and 1:30 p.m. Ms. Shen-Jaffe receives the award in recognition of her leadership in the equal justice community both in Washington and nationally. Ms. Shen-Jaffe has played a key role in the architecture and strategy of civil legal justice since 1981, when she became Deputy Director of Evergreen Legal Services, which later became Columbia Legal Services, which she directed for the last 18 years. Joaquin Avila, Visiting Professor at Seattle University School of Law, MacArthur Fellow, and noted authority on minority voting rights issues, will give the keynote address. The Goldmark Award honors the memory of Charles A. Goldmark, Seattle attorney, community leader, and ardent supporter of access to justice. Mr. Goldmark served as the Legal Foundation's president at the time of the tragic assault that led to his death in 1986. The public is invited to attend the luncheon, which pays tribute to all the volunteer lawyers and legal-aid providers in Washington state. The Legal Foundation is a not-for-profit organization that has distributed over $70 million for legal aid to the poor since 1985. Visit www.legalfoundation.org or contact Barbara C. Clark at 206-624-2536 for more information about the Goldmark Award and the IOLTA program. Keep in Touch The WSBA uses e-mail to communicate with members quickly, efficiently, and inexpensively, and increasingly it is becoming the preferred method of communication for committees and sections. If you haven't already, please consider providing us with your e-mail address. Contact the WSBA Service Center at 800-945-WSBA or 206-443-WSBA, or questions@wsba.org. Representatives are available Monday through Friday, 8:00 a.m. to 5:00 p.m. Visit the WSBA Online Store Go to www.wsba.org and click "WSBA Store" in the left navigation bar to purchase Cutter & Buck polo shirts, twill baseball caps, ballpoint pens, and brass luggage tags, all sporting the WSBA logo. The store offers secure online credit-card ordering. You can also purchase logo merchandise by calling the WSBA Service Center at 800-945-WSBA or 206-443-WSBA. Items available include: polo shirt (pewter or white, size L or XL) — $56; baseball cap (stone) — $24; ballpoint pen — $12; luggage tag — $7. Prices include shipping and handling. Sales tax (8.8 percent) will be added to orders shipped within Washington. Memorandum of Understanding between the American Bar Association (ABA) and the National Bar Association (NBA) This Memorandum of Understanding (MOU) dated as of July 21, 2004 between the ABA and the NBA and wherein the undersigned Associations, Recognize that alcoholism, drug addiction, and mental health problems afflict a great number of professionals, including lawyers and judges. Reports now estimate that, while ten percent of the general population has problems with alcohol abuse, 15-18 percent of the lawyer populations battle the same problem; Recognize that lawyers and judges are "overachievers" who carry an enormous workload, and the tendency to "escape" from daily problems through the use of drugs and alcohol is prevalent in the legal community; Recognize that reports have shown that a majority of disciplinary problems involve chemical dependency or emotional stress. Recognize that the NBA has undertaken an initiative to develop a LAP that will utilize an NBA develop-network of support service providers for its members who have a need for such services. NOW THEREFORE, in consideration and recognition of the aforementioned, the parties hereby agreed as follows: (1) That the ABA will provide access to well established support networks, via a toll-free telephone number, for NBA members who have a need for intervention and support associated with stress, addiction and depression problems. (2) That the confidences of NBA members who access the resources of the ABA will be maintained in the same manner and to the same degree as required by the existing LAP. (3) That NBA utilization of this service may be tracked vis-à-vis users who voluntarily identify themselves as NBA members. (4) That such tracking information may prove useful in the development of an independent support and treatment network developed by the NBA. (5) That this MOU does not contemplate the exchange of funds between the parties during the pendency of this relationship. (6) That this MOU shall become effective as of the date of its signing and shall remain in effect for three (3) years or until the NBA completes and launches its LAP development, whichever comes first. (7) That this MOU can be terminated by either party in writing with a 90-day notification given to the other party.
|
