July 2008

Chief Hearing Officer

The Board of Governors invites applications from members interested in serving as chief hearing officer (CHO) pursuant to Rule 2.5(f) of the Rules for Enforcement of Lawyer Conduct. The CHO, with support from the Office of General Counsel, is responsible for assigning hearing officers to cases, monitoring and evaluating the performance of hearing officers, establishing and supervising hearing officer training, hearing prehearing motions when no hearing officer has been assigned, and performing other administrative duties necessary for an efficient and effective hearing system. Applicants should be familiar with the disciplinary system and have excellent legal reasoning skills, management aptitude, appellate practice experience, judicial bearing, impartial demeanor, and commitment to public service. Candidates with experience as a WSBA hearing officer will be given the strongest consideration. The position is on a one-year independent contractor basis, with compensation to be determined. Interested members should submit a letter of interest, references, and résumé to Office of General Counsel, WSBA, 1325 4th Ave., Ste. 600, Seattle, WA 98101-2539 not later than August 1, 2008.


Seeking Questionnaires from Candidates for Judicial Appointments

Deadlines: September 25, 2008, for November 6, 2008, interview; November 26, 2008, for January 8, 2009, interview; January 29, 2009, for March 12, 2009, interview; April 30, 2009, for June 11, 2009, interview
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 the Governor 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/¬judicialrecommendation or contact the WSBA at 206-727-8212 or 800-945-9722, ext. 8212, or barleaders@wsba.org.

2008 Licensing and Suspension Information

Suspension recommendations sent to the Washington State Supreme Court. If you have not paid all of your license fees and late fees, or if you are on active status and have not paid your Lawyers' Fund for Client Protection assessment or filed your Mandatory Professional Liability Insurance Disclosure Form within 60 days of the date a Presuspension Notice was mailed to your address on record (March 14, 2008), your name was on the Suspension Recommendation List sent to the Washington State Supreme Court.

Provide WSBA with current contact information. You are required to keep your contact information current; see Admission to Practice Rule 13. If your contact information has changed, complete and return the Contact Information Change Form available at www.wsba.org/info/newaddresschangeform.pdf. Forms should be mailed to the WSBA, faxed to 206-727-8313, or e-mailed to questions@wsba.org.

For more information. Full explanations of license fees, forms, policies, and deadlines are on the WSBA website at: www.wsba.org/lawyers/licensing/
annuallicensing.htm. The WSBA Service Center is available to assist you Monday through Friday, 8:00 a.m. to 5:00 p.m., at 800-945-WSBA (9722), 206-443-WSBA (9722), or by e-mail at questions@wsba.org.

WSBA Board of Governors 2008 Election Results

Congratulations to the following WSBA governors-elect. The governors-elect will take office at the close of the WSBA annual meeting on September 19, 2008, and will hold office for a term of three years until September 2011.

3rd District: Loren S. Etengoff, unopposed, is governor-elect in the 3rd District.

6th District: The certified election results from the May 20 ballot counting names Patrick A. Palace as governor-elect in the 6th District.
•  Eligible voters: 1,866
•  Ballots cast: 455
•  Return rate: 24 percent
•  Invalid: 4
•  Patrick A. Palace: 300 votes, 66 percent
•  Tracy S. Flood: 155 votes, 34 percent

7th-East District: The certified election results from the May 20 ballot counting names Catherine L. Moore as governor-elect in the 7th-East District.
•  Eligible voters: 2,810
•  Ballots cast: 358
•  Return rate: 13 percent
•  Invalid: 4
•  Catherine L. Moore: 197 votes, 55 percent
•  Stephen A. Teller: 161 votes, 45 percent

8th District: The certified election results from the May 20 ballot counting names Brian L. Comstock as governor-elect in the 8th District.
•  Eligible voters: 3,533
•  Ballots cast: 510
•  Return rate: 14 percent
•  Invalid: 6
•  Brian L. Comstock: 294 votes, 58 percent
•  Jeff Smyth: 216 votes, 42 percent

Third-Party Liability Information

If your client is involved in a personal injury case and has received or is receiving medical assistance (Medicaid) payments for medical care, you are required to contact the Department of Social and Health Services (DSHS) if you are pursuing a recovery of damages for that injured client. RCW 43.20B.060 places a lien against the portion of the settlement or judgment your client receives for medical costs from a third party, which means also their own insurance coverage, that is responsible for your client's injuries in order to reimburse the medical bills that have been paid by Medicaid. Before settling your client's claim with the third party and/or their insurance company, please contact the Coordination of Benefits Casualty Unit of DSHS at 800-894-3754 or COB Casualty Unit, PO Box 45561, Olympia, WA 98504-5561 to supply the information that DSHS requires or view their website at http://fortress.wa.gov/dshs/maa/ltpr. Failure to pay any lien imposed by the department on any settlement or judgment obtained by your client can subject you to personal liability for any funds improperly distributed. (RCW 43.20B.070)

Contract Lawyer Meeting

Discuss the issues with other contract lawyers on July 8 from noon to 1:30 p.m. 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.

Vancouver Judge Recognized for Youth Education Work

Judge James P. Swanger of the District Court of Clark County was recently named Educator of the Year by the national organization Street Law, Inc., for his innovative work with high-school students in Vancouver. Judge Swanger volunteers in the Street Law program, a partnership of the WSBA's Council on Public Legal Education (CPLE) and the Washington Judges Foundation (WJF). In this program, judges teach a high-school law class with a local teacher using textbooks supplied by the WJF. Not only does Judge Swanger co-teach classes at three high schools, he also invites students to sit with him on the bench during trials, arranges for students to shadow him at the courthouse, and presents at the CPLE's annual training workshop for Street Law judges and teachers. Chief Justice Gerry Alexander's nomination letter cited many other public legal education programs Judge Swanger has volunteered for, including the YMCA Youth and Government mock trial competition and youth court. Judge Swanger accepted the award in April at the Street Law 2008 Awards Dinner in Washington, D.C.

WSBA-CLE Annual Member Appreciation Summer Sale

8:00 a.m. July 14 — noon on July 25: Online orders only
July 14 kicks off WSBA-CLE's biggest sales event of the year! Submit your order online and pay half price for selected recorded seminar sets, while supplies last. If 2008 is your MCLE reporting year, remember that one-third of your credits can be from recorded seminars. New this year — we'll take half off on any coursebook you purchase online during the sale! Visit the online store at www.wsbacle.org.

LOMAP and Ethics Traveling Seminar

Join us for the LOMAP and Ethics Traveling Seminar July 8 in Moses Lake, July 9 in Wenatchee, August 19 in Port Angeles, or August 20 in Port Townsend. The seminar includes: Safeguarding Client Property; Required Trust Account Records; Minding Your Matters; and Winding Down: The Golf Course Beckons. Contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org to register.

Recovery Support Group for Lawyers

The Lawyers Assistance Program is offering a new weekly group in Seattle for lawyers in their first three years of recovery from drug or alcohol dependency. The group meets on Tuesdays from 8:15 to 9:30 a.m. Discussion topics include relapse prevention, improving relationships, work/life balance, and other themes chosen by the group. Coed. Sliding fee scale of $5–15 per session. Call Abby Smith, LAP addictions counselor, at 206-733-5988 or 800-945-9722, ext. 5988.

Casemaker Online Research

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).

LAP Solution of the Month: Taking a Vacation?

If not, why not? All work and no play makes you grumpy and inefficient. Vacations are good for you and your family, so plan now to get out of town. And turn off your cell phone while you're there! If you feel guilty about even contemplating time off, call the Lawyers Assistance Program at 206-727-8268 or 800-945-9722, ext. 8268.

Computer Clinic

The WSBA offers a hands-on computer clinic for members. Learn what programs such as Outlook, PowerPoint, Excel, Word, and 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 July 14 clinic will be held from 10:00 a.m. to noon at the WSBA office and will focus on using Outlook and practice management software. The July 17 session will be held from 2:00 to 4:00 p.m. and will focus on using Excel and Word. For more information or to RSVP, contact Julie Salmon at 206-733-5914, 800-945-9722, ext. 5914, or juliesa@wsba.org.

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 July 9 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.

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.

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.

Speakers Available

The WSBA Lawyers Assistance Program offers speakers for engagements at county, minority, and specialty bar associations, and 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.

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.

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.

Upcoming Board of Governors Meetings

July 25–26, Walla Walla • September 18–19, Seattle • October 24–25, Spokane
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 Margaret Shane at 206-727-8244 or 800-945-9722, ext. 8244, or margarets@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 June 2008 was 1.997 percent. Therefore, the maximum allowable usury rate for July is 12 percent. Information from January 1987 to date is on the WSBA website at www.wsba.org/media/publications/barnews/usury.htm.





Last Modified: Friday, July 11, 2008

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