Five Tech Trends for the Solo/Small Firm Practitioner

Vol. 66 No.9

Washington State SEPTEMBER 2012

BarNewsThe official publication of the Washington state bar ASSOCIATION Five Tech Trends For the Solo/Small Firm Practitioner

PLUS Bar Beat: The Muddy Wolf The Unbar The Literary Lawyer Rallying the Role Models Revitalized Foundation Intents and Purposes

September 2012 | Washington State Bar News A EXPECT EXCELLENCE

Exclusively Divorce and Family Law

Jennifer Payseno OUR FIRM IS PEER REVIEW RATED Partner, Seattle AV® PREEMINENT™ BY MARTINDALE-HUBBELL Super Lawyers® 2010-2012

2012

David B. Starks Marc Christianson Managing Partner, Seattle Partner in Charge, Tacoma AAML Fellow AAML Fellow Best Lawyers® 2012 Best Lawyers® 2012 Super Lawyers® 2010- 2012 Super Lawyers® 2006-2012

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BSuper W ashingtonLawyers is State a registered Bar News trademark | September of Thomson 2012 Reuters. • AV® Preeminent™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. • McKinley Irvin was ranked Tier 1 in the Family Law speciality for the Seattle Metro in U.S. News – Best Lawyers® “Best LawFirms”in2011-2012.

2012 WSBA AD - JJP FINAL.indd 1 8/7/2012 10:02:02 AM EXPECT EXCELLENCE

Exclusively Divorce and Family Law

Jennifer Payseno OUR FIRM IS PEER REVIEW RATED Partner, Seattle AV® PREEMINENT™ BY MARTINDALE-HUBBELL Super Lawyers® 2010-2012

2012

PHONE: 206.625.9600 | SEATTLE . BELLEVUE . TACOMA . PORTLAND | McKINLEYIRVIN.COM

Super Lawyers is a registered trademark of Thomson Reuters. • AV® Preeminent™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell September 2012 | Washington State Bar News 1 certification procedures, standards and policies. • McKinley Irvin was ranked Tier 1 in the Family Law speciality for the Seattle Metro in U.S. News – Best Lawyers® “Best LawFirms”in2011-2012.

2012 WSBA AD - JJP FINAL.indd 1 8/7/2012 10:02:02 AM 2 Washington State Bar News | September 2012 Washington State BarNews The Official Publication of the Washington State Bar ASSOCIATION SEPTEMBER 2012

FEATURES 11 Five Tech Trends Shaking Up Solo/Small Firm Practice by Josh King 15 ViewPoint: Intents and Purposes: An Intentional 15 Walk Through an Illogical Definition 45 2012 WSBA Annual by Judge Alan R. Hancock Awards Dinner Registration Form The Unbar: Attorneys 30 51 Announcements Come Together to Take 11 On Alcoholism by Dan Crystal DEPARTMENTS 35 IRS Offshore Account Amnesty: Lawyers 25 Rallying the Role Models: and Clients Should Be The Promise of Civility in Aware Our Profession by Robert W. Wood True Civility Requires More 63 Than Being Polite by Justice Steven González COLUMNS 39 The Literary Lawyer 7 President’s Edited by Stephanie Perry Corner Thanks! 46 For Your Information by Stephen R. News for WSBA Members Crossland 7 63 Briefly About Me 64 9 Executive’s James R. Murray Report With Change 52 Professionals Comes Opportunity LISTINGS by Paula C. Littlewood 54 Disciplinary Notices 44 2012 WSBA 50-Year 64 The Bar Beat Member Tribute 56 CLE Calendar On the Banks of the Muddy Wolf Luncheon Registration by Michael Heatherly Form 59 Classifieds

COVER: © iStockphoto.com/suprijonosuharjoto

The Washington State Bar Association’s mission is to serve the public and the members of the Bar, ensure the integrity of the legal profession, and to champion justice.

September 2012 | Washington State Bar News 3 Legal Educational WSAJ Seminars So You Want to Be a Winning Trial Lawyer!? A series of three seminars for plaintiff lawyers or lawyers who want to become plaintiff lawyers. Attend one or all three! Wednesday, October 31, 2012 • Seattle Part 1 • Winning in the Beginning Friday, February 15, 2013 • Seattle Part 2 • Winning with Evidence May, 2013 • Seattle Part 3 • Bringing Home a Winning Verdict

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For more information, go to www.washingtonjustice.org 4 Washington State Bar News | September 2012 or call (206) 464-1011 Washington State WSBA Board of Governors Stephen R. Crossland, President Daniel G. Ford, Seventh-East District BarNews Michele G. Radosevich, President-elect Judy I. Massong, Seventh-Central District Steven G. Toole, Immediate Past-President Roger A. Leishman, Seventh-West District Marc L. Silverman, First District Wilton S. Viall III, Eighth District Published by the Philip J. Buri, Second District Susan Machler, Ninth District WASHINGTON STATE BAR ASSOCIATION Brian J. Kelly, Third District James W. Armstrong, At-large 1325 Fourth Ave., Ste. 600 Leland B. Kerr, Fourth District Tracy S. Flood, At-large Seattle, WA 98101-2539 Nancy L. Isserlis, Fifth District; Treasurer Robin L. Haynes, At-large (WYLD) Vernon W. Harkins, Sixth District Paula Littlewood Executive Director 206-239-2120; [email protected] WSBA Editorial Advisory Committee

Debra Carnes Jill H. Yamamoto, Chair Jamila A. Johnson Arissa M. Peterson Chief Communications Officer Joanna Plichta Boisen Karin D. Jones Klaus O. Snyder 206-733-5930; [email protected] Paulette R. Burgess Binh T. Nguyen Gregory R. Tolbert Fiona C. Cox Brian H. Payne Michael Heatherly Editor Bar News Advertising 360-312-5156: [email protected] Display: Contact Jack Young at 206-727-8260 or [email protected]. Todd W. Timmcke Announcements: Full-, half-, and quarter-page announcements available; for WSBA members Managing Editor/Graphic Designer only. Contact Jack Young at 206-727-8260 or [email protected]. 206-727-8214; [email protected] Classifieds: Advance payment required (payment may be made by credit card). Please see Jack W. Young classified pages for rates and submission guidelines, call 206-727-8262, or email Advertising Manager [email protected]. 206-727-8260; [email protected] Professionals: The boxed ads preceding classifieds; for WSBA members only. Cost: $50/inch; Stephanie Perry advance payment required (payment may be made by credit card). Contact Jack Young at Communications Specialist/Publications Editor 206-727-8260 or [email protected]. 206-733-5932; [email protected] Deadline: Copy must be received (not postmarked) by the first of each month for the issue Sharlene Steele following. No cancellations will be accepted after the deadline. Please submit printed copy Classifieds and Subscriptions with check (payable to WSBA) or credit-card information to: Bar News, 1325 Fourth Ave., 206-727-8262; [email protected] Ste. 600, Seattle, WA 98101-2539. No phone orders, please.

© 2012 by WSBA and Bar News Contact Information Washington State Bar Association. WSBA SERVICE CENTER 800-945-WSBA (9722) | 206-443-WSBA (9722) | [email protected] All editorial material, including editorial comment, appearing herein represents the views of General inquiries; address changes; current WSBA CLE seminars and CLE products the respective authors and does not necessarily (information or seminar registration); MCLE credits and course accreditation; licensing; carry the endorsement of the Association or the Office of Disciplinary Counsel (complaints about lawyers);order placement for all WSBA Board of Governors. Likewise, the publication of products (inquiries about pending orders: 206-733-5918 or 800-945-9722, ext. 5918) any advertisement is not to be construed as an WSBA Admissions: 206-727-8209 or 800-945-9722, ext. 8209 endorsement of the product or service offered WSBA Ethics Line (for lawyers only): 206-727-8284 or 800-945-9722, ext. 8284 unless it is specifically stated in the ad that WSBA Fax: 206-727-8320 or 206-727-8319 there is such approval or endorsement. WSBA Lawyer Services (for lawyers only): 206-727-8268 or 800-945-9722, ext. 8268 Washington State Bar News (ISSN 886-5213) Lawyers Assistance Program; Law Office Management Assistance Program is published monthly by the Washington State WSBA Website: www.wsba.org Bar Association, 1325 Fourth Ave., Ste. 600, Bar News Around the State Submissions: [email protected] Seattle, WA 98101-2539, and mailed periodi- cals postage paid in Seattle, WA. For inactive, Bar News Article Submissions: [email protected] emeritus, and honorary members, a free sub- Bar News CLE Calendar: [email protected] scription is available upon request (contact Bar News General Comments: [email protected] [email protected] or 206-727- Bar News In Memoriam Submissions: [email protected] 8262). For nonmembers, the subscription rate Bar News Letters to the Editor: [email protected] is $36 a year. Washington residents please Bar News Online: www.wsba.org/barnews add sales tax; see http://dor.wa.gov for rate.

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6 Washington State Bar News | September 2012 President’s [ Corner Stephen R. Crossland WSBA President

Thanks! I Am Proud to Be a Lawyer and Proud of Our Profession

hanks! I sincerely mean to Justice, the Wash- that! It has been a won- ington Leadership derful year and I am Institute, and Young most grateful to have Lawyers. been able to serve as Our relationship president of the Wash- with the three law Tington State Bar Association. Sev- schools is remark- eral years ago, then-WSBA President able and serves to Jan Eric Peterson had as his mantra, foster the mutual “Proud to be a lawyer.” I am not only purposes of our in- proud to be a lawyer, I am proud to be stitutions and the a lawyer in the Washington State Bar future members that Association. they are nurturing In my years of being involved with and we will embrace. the WSBA (nearing 40 now), I have The Moderate Means been privileged to observe not only Program serves as many aspects of our association, a good example of but also bar associations around the what good can come United States. I can honestly say that from the combined in all respects we have a bar associa- efforts of our entities. tion and membership of which we can We are in the process be very proud. of collaborating with The leadership provided by our Su- the law schools to preme Court is unparalleled. The rela- devise a way to con- tionship between our Supreme Court nect our soon-to-be and our association is enviable. retiring population The Board of Governors that serves of lawyers with law the membership is bright, hardwork- students and young ing, and professional. lawyers. Over 50 per- Our executive director, Paula cent of our members Littlewood, and the WSBA staff are are 50 years of age revered around the country for being or older and over 50 progressive, innovative, and visionary. percent are either PHOTO BY MICHAEL THRESHER There are numerous programs that solo practitioners or the WSBA has historically demon- in small firms. This effort could have opportunities; and allowing retiring strated leadership around the country, the combined benefit of putting young lawyers the opportunity to timely and including, but not limited to: Access lawyers to work; providing mentorship gracefully leave the practice of law.

September 2012 | Washington State Bar News 7 This year has had its challenges. meeting. As Paula Littlewood and I and joining our profession. I could tell As many of you know, I prefer to view awaited boarding our plane in Seattle, by the way she related to us and the these events as opportunities. I truly we were surrounded by at least 15 very situation at hand — an army of young believe that all that we have faced as active young men and women (14–16 active people under her supervision; an organization and its members are years of age, perhaps). As I watched meeting the president and executive opportunities. I have no doubt that them interact, I was aware of a young director of the state bar; sharing her when the dust of this year settles, we woman who didn’t appear to be much prospect of going to law school — that will emerge a leaner, more focused, older than the group, but who pos- this young woman will go far in life and more effective organization. sessed a degree of calm, poise, and and will be a member of our profes- I have been further encouraged to organization. We ended up talking sion of whom we will all be proud. be proud to be a WSBA lawyer by two with her and learned that she is enter- The next incident occurred only encounters that occurred during my ing Catholic University School of Law a few hours later. As the plane was recent trip to Chicago to attend the this fall. She was delightfully excited preparing to land at O’Hare, Paula National Conference of Bar Presidents at the prospect of going to law school and I engaged in a conversation with a young man who was sitting in the window seat. As it turns out, he was a student at Whitworth and was planning to become a CPA. He was headed Medical Malpractice & to Florida for a professional develop- Serious Injury Cases require ment conference with other young Wisdom and Strength. prospective CPAs. Upon learning that Paula and I were lawyers, he added PEREY LAW GROUP battles with that his plan was to begin law school the wisdom of experience, and the within the next few years as he wanted strength of resources to obtain the background and training that law justice for victims of medical school would provide. He was articu- malpractice and serious injury due late, intelligent, and engaged. to negligence of others. Now, I know that there are young people entering law school every fall from all over the country. What struck RON PEREY has over 40 years of experience handling personal injury and medical me about these two young people is malpractice claims. For over a decade he has been voted by his peers to be in Best that they were not only bright, but Lawyers in America and a Washington Super Lawyer in the areas of personal injury also very engaged in many aspects of and medical malpractice law. He has tried hundreds of jury cases and settled life. These chance encounters led me thousands of personal injury claims. DOUG WEINMASTER has been voted by his peers to be in Best Lawyers in America in the areas of personal injury and medical to a few observations: 1) I am proud malpractice law. DR. ALEXANDRA MCCAFFERTY, as Medical Director, reviews all to be a lawyer and proud that bright, medical malpractice and injury claims. engaged young people are seeking out our profession; 2) for the most part, lawyers are engaged in many aspects of life; 3) lawyers are often involved in service to others for purposes other than monetary gain. As I wind down the last month of my term as president, I would like to thank each and every one of you for what you do to foster our profession. As the only self-regulated profession, we have been given great opportunities. I am not a member of an organized religion, but this quote seems apropos: “For everyone to whom much is given, of him shall much be required.” (Luke 12:48.)

WSBA President Steve Crossland is a solo practitioner and practices in PHONE 206.443.7600 I www.pereylaw.com I FAX 206.443.4785 Cashmere. He can be reached at steve@ crosslandlaw.net or 509-782-4418.

8 Washington State Bar News | September 2012 executive’s [ Report Paula C. Littlewood WSBA Executive Director

With Change Comes Opportunity The Revitalized Washington State Bar Foundation — More Ways to Support the Programs You Value

ne thing is for cer- (the WSBA Home Foreclosure Legal one-day legal clinics in our state). tain over the past few Aid Project is in its third year of helping You told us these programs matter. months and that is that homeowners with nowhere else to turn). You care that we continue to be a profes- change has been a con- You are proud of the innovation of sion that gives back, and you value the stant. Since the passage the statewide Moderate Means Program, opportunity to give back while growing of the referendum, the which not only helps more people access your own skills, practice, and networks. OWSBA has been in transformation mode lawyers when they need them, it helps law And many, many of you have asked what as it seeks to shape a more effective and students gain real world experience, and you can do to help ensure WSBA stays efficient Bar that best meets the needs of lawyers grow into new areas of practice in the business of justice, diversity, and all our members. (we are partnering with all three Wash- public service. It’s been a challenge for all of us to re- ington law schools to expand the WSBA And we have been listening. think the bar — to take stock and consider Moderate Means Program). The opportunity? Through the all- what really matters to us as a profession. We’ve been doing it. You’ve been doing it. This month, I am proud to introduce you to the revitalized Washington State Bar Foundation. A team of bold think- ers have been working hard behind the scenes to retool YOUR Foundation to give you more ways to get involved and to support the vital programming you value. Your voluntary contribution to the Foundation will provide critical funding You are proud that WSBA launched new Bar Foundation, you have the to further our programming in areas such an award-winning program to develop power to keep WSBA at the forefront as justice, diversity, and public service. tomorrow’s bar leaders from historically of justice, diversity, and public service As we’ve faced a number of tough underrepresented backgrounds — and programming. decisions, we’ve heard from Kittitas that WSBA partnered with the state’s You will be hearing a lot more about to Kitsap and Yakima to Yelm, your only public law school to take that pro- the Bar Foundation in the coming concerns about the fate of programs gram to new heights (the Washington months as it works to fulfill its mission that make you especially proud to be a Leadership Institute moves to a new of supporting WSBA programming. Washington lawyer. home at UW Law this fall and WSBA Until then, take a peek at wsba.org/ You are proud that WSBA is a national remains a committed partner). foundation and let us know what you leader on efforts to accelerate access to the You are proud that young and new think at [email protected]. justice system (WSBA staffs the country’s lawyers in our state stepped up after 9-11 first of its kind Access to Justice Board). to give back to those who put their lives You are proud that WSBA stepped up on the lines for public safety (the Wash- Paula Littlewood is the WSBA executive during an unprecedented crisis to help ington First Responder Will Clinic director and can be reached at paulal@ those most at risk of losing their homes continues to be one of the most powerful wsba.org or 206-239-2120.

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10 Washington State Bar News | September 2012 Five Tech Trends Shaking Up Solo/Small Firm Practice by Josh King

ay you live in interesting times.” It’s a saying of du- ‘‘ bious origins, but Mthe sentiment is unambigu- ous. And for those practicing law, the last five years or so have been “interesting times” indeed. The global slowdown has impacted all sorts of practices, including even those — such as litigation, restruc- turing, and family law — that typically boom in lean times. While there have been pock- ets of resilience and anecdotal

tales of success and growth, © iStockphoto.com/suprijonosuharjoto no group of practitioners has es to online business development and Pages) in droves and searching for in- been immune, from solos to practice management are not of the “set formation on service providers, includ- big law giants such as Dewey and forget” type. To work properly, they ing lawyers, online. According to a 2012 LeBoeuf (the 1,300-lawyer be- require active engagement by the law- Legal Market Survey conducted by Avvo hemoth that is going through yer. And while some of the infrastructur- and LexBlog, 56 percent of 1,300 lawyers al work can be outsourced, the biggest surveyed said that online sources (such an acrimonious implosion). benefit will come to those who take the as directories, ads, blogs, and social me- Factors other than the recession are time to embrace these changes — and dia) were their primary source of new at work, however. Technology is rapidly others like them. business after personal referrals. changing how consumers relate to, shop What’s more, this number probably for, and purchase goods and services. 1. The Growth of Online Busi- understates the importance of online Much as we lawyers may protest our “dif- ness Development. It’s difficult to information in helping close personal ference,” these trends impact our prac- reconcile the free-fall of Yellow Pages ad referrals. What are potential clients who tices as well as they do the businesses of revenue — and relevance to the average have been given your name going to do? hotels, retailers, and manufacturers. As consumer — with the fact that so many While some may pick up the phone and the economy recovers, attorneys who attorneys and small firms continue call, you can expect an ever-increasing smartly adapt to these changes have the to have anemic or nonexistent online number to enter your name into Google. most to gain. But I emphasize “smartly,” identities. Potential clients are aban- There is an old advertising adage that as many of the new tools and approach- doning offline sources (like the Yellow “long copy sells.” You need to give those

September 2012 | Washington State Bar News 11 looking for information about you and For those looking at more advanced consumer feedback — and this trend your practice that “long copy” — an options, blogging and social media is spreading to professional services online identity rich with information (Twitter, Facebook, etc.) offer ways to as well. Attorneys typically have two about your background, approach, and expand your network of potential refer- major concerns about the rise of on- personality. You could be a lion of the ral sources and create a bigger online line client reviews: First, that laypeople bar, but if you are a cipher online, you’re footprint. But a note of caution: These can’t adequately review the quality of increasing the chances that potential tools shouldn’t be confused with mar- legal services; and second, that only the clients will look elsewhere. keting. They are not effective when used cranks and those with an ax to grind Taken a step further, savvy practitio- merely as one-way communication. will leave reviews. ners realize that online tools give them Blogging and social media are long- However, neither of these concerns additional options to engage with ex- term strategies, best viewed as a way are borne out in practice. While clients isting clients and build their business. to scratch one’s itch for writing, get to may not be experts in the law, they can Blogs, social media, and email newslet- know a wider circle of colleagues, and comment on things that are very impor- ters are all ways to get closer to your become a better lawyer — with business tant to them: a lawyer’s responsiveness, clients and keep them informed of your development as a side benefit. empathy, creativity, etc. And when it capabilities. However, these methods comes to the type of clients who leave require an interest in writing and a will- 2. The Rise of the Forms. Many reviews of professionals, the opposite of ingness to invest the time in long-term solo and small firms are nervous about the lawyer’s concern is the case. A 2011 business development. the increasing scope and reach of online study from the universities of Maryland form providers. Services such as Legal- and Minnesota found that patients who What to Do: There’s no excuse for Zoom and RocketLawyer offer low-cost had a positive experience were more like- any lawyer or law firm to not have a online solutions for numerous legal ly to review their doctors than those who decent online presence. LinkedIn and issues, from uncontested divorces to had a subpar visit. And at Avvo, with well Avvo offer free profiles that are well- creating wills and trusts. How fast are over 100,000 client reviews of attorneys, optimized for the search engines. And these services growing? In May of this the rate of positive reviews consistently websites no longer require massive year, LegalZoom filed to go public, re- clocks in north of 80 percent. investments of time and money; there vealing along the way that it generated are a plethora of free and low-cost pro- $156 million in revenue last year and What to Do: First, don’t fret so much viders of websites, including wix.com was responsible for over 20 percent of about negative online feedback — it’s and the law-focused EsqSites. all 2011 LLC filings in its home state of less likely to happen than you think. California. That’s a lot of forms. And if someone says something negative about you online, consider carefully What to Do: It does no good to be- how to respond. Suing the commenter moan the possibility for error or the usually just succeeds in bringing more inability of form-based solutions to attention to the negative comment, and work for all client situations. The fact could expose the attorney bringing the is that not all legal problems demand suit to attorney fees and a $10,000 fine a bespoke solution. The rapid growth under Washington’s anti-SLAPP law. of these online services reflects a deep Far more productive responses include need in the marketplace for transpar- asking other clients to leave reviews ently priced solutions to straightfor- and posting your own brief, professional ward legal problems. Many attorneys responses to negative reviews. It’s also who feel their practices are threatened critical to ask yourself whether there is by losing this work have started com- merit to the negative review, as there ing up with competitive offers that may be a blind spot in your approach serve the middle ground between bare- or business processes that is making it bones forms and a fully custom solu- harder to serve your clients. In this re- tion. By using forms to automate parts spect, online feedback is a form of free of the process, they can offer solutions market research. Many smart business that combine ease and transparent owners actively solicit reviews from all pricing with the comfort and security clients for just this reason. of individualized attorney review. 4. The Ability to More Effective- 3. The Importance of Reputation ly Serve Local Markets. Law office Management. Another accelerating technology, portable computing, and trend is the move of word of mouth on- web applications have given lawyers line. What started for electronics and more flexibility in their office locations, restaurants has become established and have also made it easier for lawyers with hotels, consumer products, cloth- to serve lightly populated areas. One ing, and services. Sites like Amazon, of the first 10 lawyers in the country to Yelp, and TripAdvisor offer a wealth of claim his profile on Avvo was Shawn

12 Washington State Bar News | September 2012 PROVEN ADVOCATES – PROVEN RESULTS

¥ Government Liability ¥ Personal Injury ¥ Wrongful Death ¥ Civil Rights ¥ Traumatic Brain Injury ¥ Insurance Bad Faith ¥ Spinal Cord Injury ¥ Product Liability ¥ Medical Malpractice

TRUTH  JUSTICE  ACCOUNTABILITY  EQUAL ACCESS

John R. Connelly, Jr. Lincoln C. Beauregard

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September 2012 | Washington State Bar News 13 www.connelly-law.com Alexander, who practices from Orcas more than marketing. It’s critical to be an A simple credit card reader that plugs Island. Alexander claimed his profile on active member of the local community, into a smartphone or iPad and allows June 5, 2007, and has been active on the attuned to the issues and controversies a business to swipe a credit card from site ever since, answering nearly 4,000 taking place. Participating in local bul- virtually anywhere. Because banks of- legal questions. According to Alexander, letin board discussions, answering ques- fer lower rates for cards that are swiped he’s obtained a significant number of new tions online, and creating newsletters for (as opposed to the numbers being keyed clients from this activity, and also uses the wider community are all techniques in), Square can offer a flat rate of 2.75 it to find referrals for his clients. Other that can extend your reach. percent per transaction — for all card more traditional online resources, like lo- types, including American Express — cal directories and newsletters, also offer 5. Getting Paid and Offering with no other fees or any requirement of attorneys the ability to easily reach mem- New Services. Online resources have setting up a merchant account or pay- bers of local communities they might not not only made it easier than ever for at- ment gateway. It’s the easiest possible ordinarily see or interact with. torneys to accept credit cards, but new way to test the waters in your practice. mobile payment tools further extend And it may be practice-expanding as What to Do: While a robust web pres- your reach. Take, for instance, the ser- well: Want to offer a drop-in legal clinic ence is a must, engaging locally is about vice offered by a company called Square: or hold regular “office hours” at community or industry events? Mobile card readers enable you to do so without worrying about billing and collections. Earning The Trust and What to Do: If you’re considering try- Confidence of Attorneys ing out credit cards, or making it easier to for Over 110 Years accept them, consider giving a card reader a try. Services like Square won’t typically serve for trust account payments, but for earned fees they offer a great way to get started. And even for those who have long accepted credit cards, consider whether the ease, cost structure, and mo- bility of a card reader might help lower your overhead or expand your practice. Be sure to review the rules regarding accepting credit-card payments for mixed fees and client funds.

This only scratches the surface of what these changes mean for the practice of law, to say nothing of the many other ways in which technology is creating both opportunities and challenges for solos and When it’s time for you to recommend a corporate small firms. But more important than any trustee, you can be assured that Washington single change is that practitioners develop Trust’s Wealth Management & Advisory Services a mindset that does more than grudg- Seattle 206.667.8989 team will protect your professional integrity. ingly admit that the pace of technological change in law practice is accelerating. Bellevue 425.709.5500 We are a corporate trustee that understands our Rather, embrace these changes and look Spokane 509.353.3898 role in supporting the legal counsel you provide your clients. Our full-range of investment, trust for ways they can leverage those qualities Portland 503.778.7077 and estate services are complemented by our that have always been a lawyer’s stock in Boise 208.345.3343 technical expertise, sensitivity, con dentiality, and trade: judgment, discretion, integrity, and community involvement. The Internet and Coeur D’Alene 208.667.7993 a well-earned reputation for administering complex wealth plans. online tools haven’t diminished the impor- Learn more about our expert duciary services tance of these factors. Used to their full at: watrust.com/LegalFAQ potential, they can multiply your effective- ness as a counselor and advocate.

Josh King is general counsel and vice president of development for Seattle-based Avvo, which provides an online forum, directory, and ranking of lawyers and doctors nationwide.

14 Washington State Bar News | September 2012 VIEW POINT

Intents and Purposes An Intentional Walk Through an Illogical Definition o . co m oc kph o t iSt ©

by Judge Alan R. Hancock

omething’s been bother- are intent, knowledge, recklessness, also act with a certain state of mind, ing me for a long time.1 The and criminal negligence. i.e., either with intent, knowledge, definition of “intent” in the “Intent” is defined as follows: “A recklessness, or criminal negligence.3 Washington Criminal Code person acts with intent or intention- For example, one of the alternative is circular and, taken literally when he or she acts with the ob- ways of committing murder in the Sally, virtually incomprehensible to the jective or purpose to accomplish a re- first degree is to cause the death of average person. Logic and common sult which constitutes a crime.” RCW another person (the act) with a pre- sense require that it be changed. But 9A.08.010(1)(a). meditated intent to cause the death of the devil is in the details. How should A crime, both at common law and such person (the state of mind). RCW it be changed? under the Washington Criminal Code, 9A.32.030(1)(a). Causing the death of is generally defined as having two ele- another person is not, in and of itself, The Problem ments, i.e., an act (actus reus or “guilty a crime. For example, one can cause RCW 9A.08.010 sets forth general react”) and a state of mind (mens rea or the death of another person as a result quirements of culpability in criminal “guilty mind”).2 Thus, it is not a crime of an unavoidable accident.4 matters. The four kinds of culpability to merely commit an act; one must Let us examine the definition of

September 2012 | Washington State Bar News 15 “intent” with this in mind. If a crime one statement can be substituted with an Collegiate Dictionary, Tenth Edition.) by definition involves both an act and equivalent term in the other statement. Consider again the definition of “in- a state of mind, how can it be that a For example, in the world of mathemat- tent” or “intentionally”: “A person acts person acts with intent or intentional- ics, “2 plus 2 equals 4” means that same with intent or intentionally when he or ly when he or she acts with the objec- thing as “(1 plus 1) plus (1 plus 1) equals she acts with the objective or purpose to tive or purpose to accomplish a result 4.” Or, in the natural world, the statement accomplish a result which constitutes a which constitutes a crime? “I own a cat” means the same thing as, “I crime.” Then consider the crime of mur- By the logical principle of substitu- own a carnivorous mammal (felix catus) der in the first degree. If we substitute tion, one statement means the same long domesticated as a pet and for catch- the definition of the crime of murder in thing as another statement if a term in ing rats and mice.” (Merriam-Webster’s the first degree for the term “a crime” in the definition of “intent,” which we are permitted to do in accordance with the logical principle of substitution, the definition would be as follows:

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September 2012 | Washington State Bar News 17 complish a result which constitutes the he or she has information which to mean the same thing, consider the causing of the death of another person.” would lead a reasonable person in crimes of possession of stolen property in At first blush, we seem to encounter the same situation to believe that the first, second, and third degrees. All of the same problem in the definition of facts exist which facts are described these crimes (or offenses) involve posses- “knowledge”: by a statute defining an offense. RCW sion of stolen property to one extent or 9A.08.010(1)(b). another. “Possessing stolen property” is A person knows or acts knowingly or defined in RCW 9A.56.140(1) as follows: with knowledge when: Note the references to a fact or facts he or she is aware of a fact, facts, or “described by a statute defining an of- “Possessing stolen property” means circumstances or result described by fense.”6 Assuming that the Legislature knowingly to receive, retain, pos- a statute defining an offense; or used the terms “crime” and “offense” sess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropri- CommerCial litigation ate the same to the use of any person other than the true owner or person entitled thereto.

The reference to “an offense” in the definition of “knowledge” refers, pre- sumably, to the crime of which knowledge is the state of mind element. So, under the principle of substitution, we should be able to substitute the definition of possession of stolen property for the term “an offense” in the defini- Proud to support tion of “knowledge” and be logically the King County Bar Foundation and consistent. But here is the result when we do this (using only the first alterna- the Campaign for Equal Justice. tive in the definition of “knowledge”):

A person knows or acts knowingly 1200 Fifth Avenue • Seattle, Washington 98101 or with knowledge when he or she is 206.292.5900 • www.hallzan.com aware of a fact, facts, or circumstances or result [involving] knowingly to palazzo 09-HZC-0000 > Bar News > Proud to Support Ad > 4.75” x 3.375” > receive, retain, possess, conceal, or insertion: 2009 (date(s) arranged by client) > FNL: 3.23.09 dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.

So, it would seem, in the context of the crime of possession of stolen property, that “knowledge” is defined, in effect, as knowingly to receive (etc.) stolen property. Again, this is circular and logically unacceptable. But with the definition of “knowledge,” as opposed to the definition of “intent,” there is a way around the problem. The definition of “knowledge” refers to a person being aware of a “fact, facts or circumstances or result described by a statute defining an offense” or having “information which

18 Washington State Bar News | September 2012 Protect Your Clients While We Protect You

The Lawyers for the Profession® would lead a reasonable person in the Practice Group provides: same situation to believe that facts exist  Lawyer Crisis Management which facts are described by a statute  Ethics Advice: Formal and defining an offense.” Thus, we don’t Informal Opinions need to focus on all of the facts which  Lawyer Disciplinary Defense define an offense, but only certain of  Law Ofﬁ ce Risk Management such facts, and in particular, the act part of the offense, as opposed to the  Law Firm Organization and Dissolution state of mind part of the offense. & CULBERTSONLLP To use our possessing stolen prop- We regularly publish electronic alerts on cases and ethics opinions erty example, we can focus on the Peter R. Jarvis of interest to lawyers. fact of the receipt of property and the Dayna E. Underhill fact that it is stolen property. It seems David J. Elkanich Recent topics include: fairly obvious that these are the facts 1000 SW Broadway  Supreme Court of Louisiana Upholds of which the person must be aware, or Suite 1250 Use of Arbitration Clauses in Retainer have information which would lead a Portland, Oregon 97205 Agreements 503-243-3243 reasonable person in the same situa-  Law Firm Could Compel Arbitration [email protected] tion to believe that such facts exist, in of Claims Despite Being Nonparties www.hinshawlaw.com order to have the requisite knowledge to Arbitration Agreement to be guilty of the crime of possessing www.lawyeringlaw.com stolen property. To ﬁ nd these alerts and others, Licensed to practice in When considering the definition visit our website at: Washington State http://www.hinshawlaw.com/publications/alerts of “knowledge” in this context, it appears that there is a plausible reading that is logically sound. This is in contrast to the definition of “intent,” where there is no reading that is logically defensible. Similarly, the definitions of “recklessness” (RCW 9A.08.010(1)(c)) and APPEALS “criminal negligence” ((1)(d)) can be read to make logical sense. A person Jason W. Anderson Kenneth S. Kagan With over 100 acts recklessly “when he or she knows Michael B. King James E. Lobsenz of and disregards a substantial risk Gregory M. Miller collective years of 7 that a wrongful act may occur and his experience and more or her failure to be aware of such substantial risk is a gross deviation from than 260 published conduct that a reasonable person decisions in federal, would exercise in the same situation.” state and other (Emphasis added.) A person acts with criminal negli- appellate courts, our gence “when he or she fails to be aware appellate group has of a substantial risk that a wrongful act may occur and his or her failure to be the knowledge and aware of such substantial risk consti- experience to get tutes a gross deviation from the stan- results for you and dard of care that a reasonable person your clients. would exercise in the same situation.” Trusted (Emphasis added.) Thus, the focus is CMYK COLORS on the knowledge of, or disregard of a Reliable C: 0 M: 0 Y: 0 K: 0 substantial risk of, a wrongful act oc- CARNEY Effective curring (recklessness) or the failure BADLEY RGB COLORS to be aware of a substantial risk that (206)R: 255 622-8020 G: 255 B: 255 a wrongful act may occur (criminal SPELLMAN www.carneylaw.com negligence).8 TYPEFACE

September 2012Logotype: | Washington Fournier MT State Bar News 19 The Solution tion for such conduct; or age (from the standpoint of the pros- Returning to the definition of “intent,” (d) negatives a defense under the ecution) or lack of linkage (from the how could the statute be amended to statute of limitations; or standpoint of the defense) of the facts provide for logical consistency? The (e) establishes jurisdiction or venue. of the particular case to the instruc- Model Penal Code9 provides one such Section 1.13(9). tions, and to describe to the jury what mechanism. It uses the term “pur- element or elements of the crime are posely” instead of the term “intent” The Model Penal Code’s definition relevant to the intent instruction.10 or “intentionally,” though it defines of “purposely,” though difficult for “purposely” as being synonymous the average person to understand, at Recommendation with “intentionally.” Section 1.13(12). least makes logical sense. Rather than The Legislature should amend RCW It defines “purposely” as follows: defining this term as acting with the 9A.08.010(1)(a) to read: objective or purpose of accomplish- A person acts purposely with re- ing a result which constitutes a crime, INTENT. A person acts with intent spect to a material element of an as in the Washington Criminal Code, or intentionally when he or she acts offense when: the Model Penal Code focuses on the with the objective or purpose to ac- (i) if the element involves the nature design to engage in conduct which complish a result which constitutes of his [or her] conduct or a result constitutes a material element of an an element of a crime. thereof, it is his [or her] conscious offense. Thus, as in our example of object to engage in conduct of that murder in the first degree, to act “pur- This definition would provide logical nature or to cause such a result; and posely” or “intentionally” as those consistency and be easier for the aver- (ii) if the element involves the at- terms are defined in the Model Pe- age person to understand. tendant circumstances, he [or she] nal Code, one would have to act with is aware of the existence of such cir- the conscious object of engaging in cumstances or he [or she] believes conduct that constitutes a material Alan R. Hancock is a superior court judge or hopes that they exist.” Section element of the crime of murder in the for Island County. He is a magna cum 2.02(2)(a). first degree, i.e., causing the death of laude graduate of Western Washington another person. University, where he majored in Philoso- The term “material element” is de- Using the Model Penal Code as a phy, and received his J.D. from the Univer- fined as follows: guide, the definition of “intent” or “in- sity of Washington School of Law. tentionally” in the Washington Crimi- “[M]aterial element of an offense” nal Code can be amended in such a NOTES means an element that does not re- manner that it makes logical sense 1. I was admitted to the bar in 1976 and have late exclusively to the statute of limi- and is more easily understood by the served as a superior court judge since 1989. tations, jurisdiction, venue or to any average person. Such an amended 2. The term “state of mind” is used loosely here. other matter similarly unconnected definition could be as follows: In ordinary language, this term often refers with (i) the harm or evil, incident to a thought or thoughts that a person is to conduct, sought to be prevented A person acts with intent or inten- then having. In criminal law, however, it also by the law defining the offense, or tionally when he or she acts with the refers to the absence of thoughts that a per- (ii) the existence of a justification objective or purpose to accomplish son ought to be having. Thus, a person can or excuse for such conduct. Section a result which constitutes an ele- act knowingly when “he or she has informa- 1.13(10). ment of a crime. (Emphasis added.) tion which would lead a reasonable person in the same situation to believe that facts The term “element of an offense” is Issues relating to culpability in exist which facts are described by a statute defined as follows: criminal cases most frequently arise defining an offense” (RCW 9A.08.010(1)(b) in the context of jury instructions. In (ii)), and a person acts negligently when “he “[E]lement of an offense” means (i) this context, the Model Penal Code or she fails to be aware of a substantial risk such conduct or (ii) such attendant definitions of “element of an offense” that a wrongful act may occur and his or circumstances or (iii) such a result and “material element of an offense” her failure to be aware of such substantial of conduct as can be eliminated, so long as the ele- risk constitutes a gross deviation from the (a) is included in the description of ments (“to convict”) instructions spe- standard of care that a reasonable person the forbidden conduct in the defini- cifically use the term “elements of the would exercise in the same situation” (RCW tion of the offense; or crime,” as they currently do. (See, e.g., 9A.08.010(1)(d)). (b) establishes the required kind of WPIC 26.04 relating to murder in the 3. There are some exceptions to this rule. For culpability; or first degree.) This allows the parties to example, guilty knowledge or intent to pos- (c) negatives an excuse or justifica- discuss, in closing argument, the link- sess is not an element of the crime of un-

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Naegeli.ADV.AdFINAL.indd 1 8/13/2012 2:19:44 PM lawful possession of a controlled substance committed a crime. “offense” in the definition of “knowledge.” under RCW 69.50.401(d). State v. Cleppe, 96 5. Except in a poetic sense: “A man’s a man for a’ The term “offense” can sometimes mean a Wn.2d 373, 635 P.2d 435 (1981). that . . .” Robert Burns. violation of the law generally, as opposed 4. There are also situations in which a person 6. Note also the inconsistency in referring to a to a criminal violation of the law. But in all may intentionally cause the death of another “crime” in the definition of “intent” and an probability, it didn’t. And if it did, that is be- person and still not be guilty of a crime. For “offense” in the definition of “knowledge.” yond the scope of this article. example, a person may act in self-defense Under rules of statutory construction, we 7. Note that for the crime of manslaughter in or, in Washington, by means of physician could, perhaps, assume that the Legislature the first degree, at least, a jury instruction in assisted suicide under Initiative Measure meant different things when it referred to a the statutory form stating only that a person No. 1000, chapter 70.245 RCW, and not have “crime” in the definition of “intent” and an acts recklessly “when he or she knows of and disregards a substantial risk that a wrongful act may occur” is erroneous. State v. Peters, 163 Wn. App. 836, __ P.3d __ (2011); see also State v. Gamble, 154 Wn.2d 457, 114 P.3d 646 (2005). A more particular description of the wrongful act must be stated, i.e., the term “death” or “homicide” must be used. The same reasoning probably applies with re- gard to manslaughter in the second degree and the definition of criminal negligence. 8. There is a possible problem of circularity in these definitions inasmuch as the definitions refer to the fact that a wrongful act may occur. It is only a wrongful act, in terms of the criminal law, if the person acts recklessly or with criminal negligence. But the focus of this article is on the definition of “intent.” INtRoDuCING MaRIssa a. oLssoN 9. American Law Institute, Model Penal Code, Official Draft, 1962. The Washington Criminal thE NEw MEMBER of ouR tEaM Code, Title 9A RCW, was originally enacted in 1975. It was a combination of a revised criminal code prepared by the Judiciary Commit- Dedicated to seeking justice for the injured, Marissa joins a legal team tee of the Washington Legislative Council, Marissa joins the other members of the firm that offers more than 70 years’ which drew on the Model Penal Code and experience in successfully other sources, and a criminal code drafted by with a focus on complex personal injury matters, representing families in including maritime and construction injuries, Washington and Alaska. the Washington Association of Prosecuting product liability claims, and vehicle collisions. Attorneys. The Legislature chose to depart Robert M. Kraft substantially from the MPC’s definition of Marissa is a graduate of the University of Lance Palmer* “purposely,” which, under the MPC, is synony- Washington School of Law and is admitted Richard J. Davies mous with “intentionally.” to practice in state and federal courts in Marissa A. Olsson 10. Generally speaking, this approach is permis- Washington. *Admitted in Washington and Alaska sible under Washington law. See, e.g., State (206) 624-8844 v. Rice, 110 Wn.2d 577, 757 P.2d 889 (1988), Your referrals and associations are welcome. (800) 448-8008 in which the court upheld the giving of the pattern “intent” instruction, WPIC 10.01, in a first degree murder case. The court stated EXPERIENCED LawyERs foR thE INjuRED that “a specific instruction need not be given when a more general instruction adequately KRAFT MaritiMe injuries explains the law and enables the parties to ConstruCtion site injuries argue their theories of the case.” 110 Wn.2d PALM ER Motor VehiCle injuries DefeCtiVe ProDuCts at 603. Alternatively, the court could, in DAVI E S Personal injury & Wrongful Death preparing jury instructions, insert the applicable fact element or elements of the particular case into the instruction on intent to 1001 fourth aVenue, suite 4131 seattle, Washington 98154 WWW.aDMiralty.CoM make the issue clearer for the jury.

22 Washington State Bar News | September 2012 seattle university school of law SchOOl Of law celebrates the tradition of red mass

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24 Washington State Bar News | September 2012 RALLYING THE ROLE MODELS THE PROMISE OF CIVILITY IN OUR PROFESSION

of those things are civil. Further, I don’t want to suggest that the civil advocate is anything less than a zealous advocate for his or her client, cause, or self. Some attorneys think that being civil means being nice, which they believe runs counter to advocacy. They like to wrestle with opponents. While they acknowledge that there are lines that shouldn’t be crossed in our profession, such as the use of bad words or physi- cal punches, they don’t want to be nice. I don’t agree that being civil equals being nice. I think we can be direct and frank with each other. We can even be sarcas- tic from time to time. Civility is a way of connecting and interacting with people; of engaging and thinking about what our relationships are with one another, and of discerning what we care about it. It is about how we communicate and how we persuade and convince, o . co m/pi ccerell a because that’s often what we’re doing in

oc kph o t our profession. If we’ve alienated people iSt

© from the outset, it can be much harder to do that and to be effective. Mark Twain said that “all emotion if sincere is involuntary.” And so when we True Civility Requires see our colleagues (possibly opposing counsel), or our clients, or others being uncivil, we should give them the benefit More Than Being Polite of the doubt that it wasn’t a voluntary response. Of course, if it goes on for a long Justice Steven González, widely known for his commitment to access to jus- time, you can stop giving the benefit of tice, is highly regarded by his peers for his professionalism, reasonableness, the doubt. But at least start with the and pro bono service. For this reason, Robert’s Fund views him as an excep- premise that they’re sorry for their own bad behavior — or they will be when tional role model for civility in the profession and asked if he would write the they reflect or when they’ve been able to first in the “Rallying the Role Models: The Promise of Civility in Our Profes- calm down and get past what may have sion” series of articles for Bar News. been an involuntary emotion. It certainly was clear that that was the case when by Justice Steven González I sat on the family law calendar for King County Superior Court. When I first n an article for the Bar Association Courtesy, respect, and fairness only took on that role, a now-retired judge of San Francisco, Maria Yuen wrote work if in the context of true civility. sat me down and said, “Steve, I want you that “one of the benefits of civil- There is such a thing as false civility and to remember that when the dissolution ity is the reduction of the cost of I’ll suggest to you that it is no better petition is filed and for 90 days thereaf- litigation for all parties involved.” and sometimes even worse than open ter, the parties are temporarily insane. IAnd I think she meant not just the fi- acrimony. We sometimes refer to false So please remember that about them nancial cost, but different costs as well. civility as passive-aggressive behavior when you hear their case. They’re doing She went on to say, “Another benefit of or being manipulative. I make the dis- things that they wouldn’t otherwise do, civility is that it makes our professional tinction between true and false civility they’re saying things that they wouldn’t life more fulfilling when we can depend because I don’t want to suggest that act- otherwise say, and they’ll regret it later on courtesy, respect, and fairness from ing civilly means being obsequious, dif- if you give them the time to regret it and those we deal with.”1 fident, or a sycophant. I don’t think any change their position.”

September 2012 | Washington State Bar News 25 first name. And so did the defendant, tempt finding against Ms. Hamilton. There are times who was a commissioned officer and She actually spent time in jail for con- who had raped her while she was in his tempt. Her contempt was insisting that when people feel custody. When he took the stand, he re- she be called Ms. Hamilton instead of ferred to her by her nickname only, and Mary and the judge put her in jail for more comfortable he wasn’t corrected by the court or by that. Of course she was entitled to that counsel. In the opinion, the court called dignity, and it was the court, frankly, when we’re being this an arrogant depersonalization of that was contemptuous in that in- the victim and went on to say that all stance to her. But ask yourself, what if the participants in court proceedings the lawyers in that case and the judge formal, not informal. are entitled to be addressed with cour- had referred to her as “Ms. Hamilton,” tesy titles. That may suggest that some but did so with a voice dripping in sar- And I’ve noticed this find solace in formality. There are times casm. Would that have been more civil when people feel more comfortable than using her first name? particularly with the when we’re being formal, not informal. Civility is more complicated than And I’ve noticed this particularly with protocol issues. Like the example of disenfranchised of an the disenfranchised of an organization. bakateinei, polite words alone do not Let me mention, for example, at- amount to civility. It is the substance organization. torneys of color who are sometimes that brings dignity and true civility to mistaken for the defendant by the our courts and to our system. As we participants in criminal cases. How consider who benefits from protocol, The Japanese have a phrase called do we respond to that? Sometimes we I’d like to also suggest that it’s usu- bakateinei, which means literally “idiot are overly formal, by making sure that ally those in power who benefit from politeness.” It can mean a number of we’re dressed particularly well and formality and protocol, because that things. It can mean to ridicule someone that our speech is particularly profes- respects us and preserves our position, by being excessively polite to them; that sional, just to let people know who we doesn’t it? As a judge, when you call me is, being more polite than the situation are because we’re not always given the “Your Honor,” it is supporting my posi- calls for. Japanese has levels of honorif- benefit of the doubt. I remember when tion because it is perceived as higher ics. And if you go up too high and you are I was a federal prosecutor, I was travel- than yours — so as we think about ci- too honorific to someone, you’re really ing with my wife to Texas and we went vility and protocol, we need to think of making fun of them rather than honor- to the federal courthouse in Laredo. I ing them. It also means being more po- was curious: I thought, I’m part of the Charles Dickens lite to a person than the person deserves, federal family, so I’m going to go in given his or her role in life compared to and see what a different federal court- wrote, “The civility yours. And, in some contexts, it means house looks like. When I went into the shaming the impolite person, the person courthouse, I started getting tailed by who’s been impolite to you, by being ex- security; they followed me through the which money will cessively polite back to them in response courthouse, and when I walked into a to their rudeness. Now, in English, we courtroom the clerk said, “Defendants purchase is rarely might sometimes call it patronizing but sit to the left.” That was the first thing that doesn’t really capture the full mean- she said to me as I walked in. And I re- extended to those ing of this phrase. It means being polite alized that, out of my suit, I looked to without being civil in some context and them like a suspicious person or a de- who have none.” this is why I go back to the phrase “true fendant in that context. So sometimes civility,” not superficial civility. I want to in response to that, we get formal. them as very distinct things and con- distinguish those two and I want to dis- Please understand that people react sider who they benefit and for what tinguish civility from protocol, superfici- differently to different contexts and they were designed. ality, and from custom. that it goes directly to the point that Charles Dickens wrote, “The civility In 1996, in State v. Bright,2 the Wash- civility depends on the person, the con- which money will purchase is rarely ex- ington State Supreme Court held that it text, cultural factors, and on so many tended to those who have none.” So to re- is an abuse of formal courtroom proto- other things that there cannot be one peat, it doesn’t mean protocol, it doesn’t col to address adult participants by their rigid definition of civility. mean etiquette; it must have a far deeper first names. In that case, counsel both State v. Bright cited a 1964 Supreme meaning. In the context, going back to for the state and the defense referred Court case, Hamilton v. Alabama,3 as my time on Superior Court both in fam- to the 24-year-old rape victim by her precedent. That case reversed a con- ily law and sitting in ex parte, my expe-

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A first responder registers at a clinic. Volunteers counsel a first-responder family.

September 2012 | Washington State Bar News 27 ourselves and our pos- testimony, you’re not preparing them to terity, do ordain and be civil. And if they lose their civility and establish this Consti- their composure, that can wash away all tution for the United the good preparation that you’ve done States of America.” In on the substance. our Constitution of Civility permeates every single part this great nation, jus- of the practice of law. One way to look tice comes first. When at it is to strive to be the most reason- you read it look at able person in the room — or at least to the order of things, it appear as if you’re the most reasonable comes before tranquil- person in the room. ity, it comes before the common defense, and in cooperation with it even comes before our welfare. And I suggest to you that that order of things is not accidental. I believe it was intentional, because without justice, Before joining the Washington State there isn’t tranquility; Supreme Court in 2012, Justice Steven without justice, there González served for 10 years as a trial rience was that the pro se litigant does is little to defend. The common defense judge on the King County Superior Court, not benefit from protocol. Certainly this is even subordinate to justice. So how hearing criminal, civil, juvenile, and litigant benefits from civility in its true do we establish justice in our society in family law cases. Prior to that, Justice meaning, but not from an application of the context of an adversarial system? González practiced both criminal and the formalities of the courtroom. Those That is like telling a soldier we’re going civil law. He was an assistant United litigants, as I mentioned before, are of- to have sensitivity training and the first States attorney for the Western District ten under great stress and emotion in thing the soldier says is, “I have to get rid of Washington, a domestic violence pros- going through what may be one of the of my weapons, right?” And that’s what ecutor for the City of Seattle, and an as- most difficult times in their lives. And we see in as some lawyers’ reactions to sociate in the business law department that is what true civility means. If you this discussion. at the Seattle law firm of Hillis Clark are the lawyer opposing a pro se party, Let me give an example of what civil- Martin & Peterson. it means speaking in plain language and ity is not. This was the closing sentence He has received numerous profession- bringing relevant cases, rules, and stat- in a summary judgment brief I received al awards, including two Department of utes to the court’s attention. In other a couple of years ago in Superior Court. Justice awards: the U.S. Attorney Gen- words, it means bringing controlling “If you do not grant this summary judg- eral’s Award for Distinguished Service authority to the court’s attention, even ment motion, the only ones who will and the Director’s Award for Superior if it does not support your case, and not benefit are the liars who started this Performance; three “Judge of the Year” taking advantage of the pro se party by matter in the first place.” A strong end- awards from the Washington State Bar using legalese and a rigid adherence to ing, right? The lawyer actually had es- Association, the Washington Chapter of procedure. In this way, your reputation tablished in the briefing that the other the American Board of Trial Advocates, will be enhanced because the court will side wasn’t being forthcoming, so this and the Asian Bar Association of Wash- know you’re honest with the court as a wasn’t good advocacy. It didn’t promote ington; the Exceptional Member Award true officer of the court about the issues respect for the process or for his col- from the Latina/o Bar Association of before the bench that day. league. As a practice point, I would sug- Washington; and the Vanguard Award My comments about civility are gest that civility matters in every phase, from the King County Chapter of Wash- grounded in the Preamble to the Con- and I’ll give one example. You know ington Women Lawyers. stitution of the United States. It’s pretty when you’re preparing a witness for a short: “We the people of the United deposition or testimony, that prepar- NOTES States, in order to form a more perfect ing a witness on the substance is only 1. “Play Nice — It Makes for a Better Day in the union, establish justice, insure domes- part of your job. If you don’t prepare Sandbox for All,” www.sfbar.org/cle/tests/ tic tranquility, provide for the common the witness to be challenged and to be self-study-exams-aug2011.aspx. defense, promote the general welfare prepared for the emotion, rigor, and 2. 129 Wash. 2nd 257 (1996). and secure the blessings of liberty to endurance required to get through the 3. 376 U.S. 650 (1964).

28 Washington State Bar News | September 2012 Manage your membership anytime, anywhere!

To access mywsba, see the link on the WSBA homepage (www.wsba.org) or go there my directly (www.mywsba.org). wsba If you have questions or don’t have a valid email Using mywsba, you can: address on file, help is • View and update your profile, which includes • Access Casemaker free legal research only a phone call or email address, phone and fax, email, website, etc. • Access CourtTrax docket research away. The WSBA Service • View your current MCLE credit status and service Center is staffed Monday access your MCLE page where you can • Register for a WSBA CLE seminar through Friday, 8:00 update your credits • Shop at the WSBA store (order CLE a.m. to 5:00 p.m., with • Complete all of your annual licensing forms recorded seminars, deskbooks, friendly, knowledgeable (skip the paper!) Resources, etc.) representatives eager to be • Certify your MCLE reporting compliance • Voluntarily report your pro bono hours of assistance. Call 800-945- • Pay your annual license fee using MasterCard under RPC 6.1 WSBA (9722) or 206-443- or Visa • Volunteer for the Home Foreclosure WSBA (9722), or email • Make a contribution to the Washington State Legal Aid Project or the Moderate Means [email protected]. Bar Foundation Program • Join a WSBA section

www.mywsba.org September 2012 | Washington State Bar News 29 The Unbar Attorneys Come o p Together to o . co m/ sco tth or t Take On oc kph o t iSt © Alcoholism

by Dan Crystal public. There are a lot of reasons. Some that is common within the AA com- of this stems from the drinking culture munity: “The very first word in the changed jobs a few times . . . in law school and law firms. Some of steps of AA is ‘we,’ so you know you’re I changed cities. The business this results from the pressures and not alone when you come to an AA failed. My wife and I fought a responsibilities attendant in the prac- group. It’s about one alcoholic talk- lot and separated. Along the tice of law. To address these concerns, ing to another . . . it’s a miracle that way, I was arrested for drunk lawyer assistance programs (LAPs) it works! There’s no leaders, we’re all driving and did some embar- are part of the state bar in all states. In trusted servants, there’s no big shots.” rassing things after I drank addition, attorney-specific AA groups He said he likes the simplicity of the too much. I became increas- have sprung up around the country. AA message: “My take on the first step ingly aware that my drinking might In King County, The Unbar has been is simple: Don’t drink, go to meetings, Ihave something to do with it. I found meeting every Wednesday for almost and your life gets better.” the AA Big Book in my mailbox, with three decades, assisting thousands of Most Wednesdays, about 15–20 some overdue bills, the day after an attorneys in recovery. attorneys attend, although the com- evening of heavy drinking and a par- Jerome Jager has been a WSBA munity is much larger, with about tial blackout. I took the arrival of the member for 55 years and recently cel- 70 people attending the annual lun- book as a message from some higher ebrated his 35th year of sobriety. Rec- cheon. Hundreds of attorneys have power and went to my first AA meeting. ognizing a lack of attorney-specific achieved enduring sobriety through resources, he and his friends Wes Hol- the years. The format of an Unbar — WSBA member George Tamblyn, bein and James Hanken founded the meeting is simple: a different leader who recently celebrated 35 years of Unbar in 1985. Now 78 years old, he chairs each session and introduces a sobriety still attends most Wednesdays. Jerry topic — typically, something relating reflected, “For anyone who has been to how to live sober. Some common Attorneys and alcoholism tend to be in the program for any length of time, themes include resentments, denial, an unfortunate pairing. It is widely a common thing we have is a sense of taking another person’s moral inven- acknowledged that attorneys engage gratitude for finding a program that tory, and gratitude. Then each person in problematic drinking at rates two has changed our lives for the better.” in the group, sitting in a circle, speaks to three times greater than the general Jerry has the no-nonsense candor to this theme. There is no cross-talk,

30 Washington State Bar News | September 2012 no commentary on what is shared. Everything is shared in confidence. It is an open- ended witnessing that stands in contrast to other forms of treatment. The Unbar is an “open” group, meaning any attorney can come. After creating a healthy connection with AA, one can then turn to other AA groups, to “closed” AA groups (open only to AA members), and to working the “steps” of 12-step recovery with a sponsor (a mentor in the program). Not all Unbar attorneys are like George and Jerry. Many are early in their recovery or have not achieved abstinence yet. One female attorney with George Tamblyn 11 months of sobriety shared, “I was miserable and knew I needed to stop drinking. I was drinking heavily every long or someone asked me to draft tal 12th step of recovery. With this in day. I couldn’t sleep through the night the settlement agreement and saw my mind, Jerry was an integral member of without waking up and having a drink hand shaking? The one thing I knew the King County Bar Association’s Fit- or more to get back to sleep. I had was that AA wasn’t an option for me. I ness Committee in the late 1980s. This trouble eating. My hands would tingle. envisioned a giant prayer circle where monthly group of a dozen attorneys I dreaded mediations. What if one ran people earnestly read passages from was Washington’s first step towards the Bible.” addressing attorney alcoholism. Over And yet, her time, the Fitness Committee gave rise experience was to a steering committee at WSBA that very different: “AA brought about the formation of the is nothing like I WSBA Lawyers Assistance Program. thought it would Barbara Harper, Andy Benjamin, and be. I have never Jerry, among others, played a forma- felt so much gen- tive role. eral goodwill as When attorneys contact the WSBA I do at meetings. Lawyers Assistance Program (LAP) One of the things about a problem with alcohol, they are you are advised invited in for a consultation to assess is to listen for the their problem. A combination of indi- similarities when vidual and group treatment is usually someone shares recommended. Groups provide sup- in a meeting. port and accountability that is differ- Now I get to live ent than individual counseling. Some without being ob- attorneys are leery about the use of the sessed with when term “Higher Power” in AA. There are I am going to get quality non-AA-based interventions my next drink and such as Smart Recovery, Rational Re- how I am going to covery, and A Positive Alternative that hide the amount are available. But most alcoholics find I was drinking a way to make peace with the “higher from others.” power” concept by acknowledging Alcoholics that they cannot master their drinking and other addicts on their own. in 12-step pro- For these attorneys, AA is a unique Jerome Jager grams see service grassroots organization that provides to other addicts sponsorship, support, and recovery, in need as the viall at an incredible price (it’s free).

September 2012 | Washington State Bar News 31 . . . it helps to have someone walk you to a meeting. LAP has a network of more than 50 peer volunteers (PVs) throughout the state. One can have coffee with a peer volunteer, learn a little bit about AA, and then go to a meeting together.

And, as the name states, Alcoholics Anonymous is just that — anonymous — so that attorneys in recovery do not have to worry about jeopar- dizing their careers by seeking help in recovery. That said, some alcoholics like George and Jerry are perfectly happy to use their full names. They see no shame in their recovery from a progressive and potentially fatal ill- ness, and are grateful to have the opportunity to help others as well. It is not uncommon to postpone one’s first AA meeting. Some people may not want to admit they are struggling with a problem, or perhaps they just don’t know what to expect. For this reason, it helps to have someone walk you to a meeting. LAP has a network of more than 50 peer volunteers (PVs) throughout the state. One can have coffee with a peer volunteer, learn a little bit about AA, and then go to a meeting together. One of our peer volunteers reflected upon his own past: “I was a practicing alcoholic and drug addict — and, as- tonishingly, an attorney — for almost 30 years. For most of those decades, I hated my job as a lawyer and longed to find work in a helping profession; I felt my life was meaningless. I was a depressed, mean, and dysfunctional

32 Washington State Bar News | September 2012 mess. But now my life has been utterly transformed through recovery in AA. I now understand my purpose is to be of service to others. AA, my work with LAP, and the Unbar all give me opportunities to try to help other addicts who have reached bottom and want to turn their lives around. It’s truly rewarding, it gives my life meaning, and it helps me stay sober.” Attorneys struggling with alcoholism often develop an avoidant relationship with their job, procrastinat- ing responsibilities or feeling like they have no way out of a high-pressure situation. Sobriety can help an attorney re-engage with what brought them to be an attorney in the first place. One peer volunteer reflected, “I no longer wrestle with my addiction and its de- structive side effects on a daily basis. And, as a bonus, I have now come to love my life as a lawyer, the challenges it presents, and the service opportunities it offers. I owe it all to the Unbar — which is where I first found my recovery — and of course to the AA program, which has saved my life.” Peer volunteers have been trained by LAP counselors in basic conversation techniques for providing support, but more than anything PVs have their own recovery experience to trade on in making that connection. If you have reached the end of your rope and are ready to try something different, it helps to have a peer volunteer to talk to and to walk you to your first meeting. While the Unbar is the main AA group for attorneys in Washington, there are many AA groups for professionals that LAP can put you in touch with. Dan is a Spokane attorney with 24 years of continuous sobriety. While nearly 200 recovery meetings are offered in Spokane each week, his preferred groups have met continuously for 30-plus years and tend to draw professionals from seemingly all dis- ciplines. In reflecting upon his AA experience, Dan offered, “At this point, I can see both humor and sadness in the fact that invariably when we first address addiction issues, we present with a sense of ‘terminal uniqueness.’ A general skepticism that ‘I’m different. It may work for you, but….’ I mean how crazy is it to think an approach that has literally helped millions could possibly help me? It couldn’t be as simple as reaching out and asking for

September 2012 | Washington State Bar News 33 help, right? Well, 25 years ago, I went to great lengths to hide my problems — my approach almost killed me.” For many attorneys, the first step is the hardest. They fear that word will get around that they have an addiction or, worse, that they cannot handle their own problems. Dan has seen this many times, “Anonymity is a huge issue for most professionals in early recovery. Don’t let your fear prevent a positive life change. LAP is a great resource and maintains a cadre of peer volunteers that know community resources and are sensitive to issues of anonymity.” George offered in summary: “The meetings helped me to appreciate that alcohol was cunning, baffling, power-

Top Row: Joseph Shaeffer, Mel Crawford, Jesse Wing, Tim Ford Middle Row: Andrea Brenneke, Ken MacDonald, Katie Chamberlain Front Row: Kay Frank, David Whedbee ful, and, for me, extremely dangerous. New ways of looking at life gradually Our Litigation Group’s Practice focuses on: were absorbed and I found that my reactions to life’s problems became • Employment • Criminal Defense • Appellate Practice less intense. Anger became much less • Personal Injury • Civil Rights & Discrimination • Probate Litigation frequent and I became more tolerant. I found it was possible to admit when English 206.622.1604 705 Second Avenue, Suite 1500 I was wrong. Concern for the welfare Español 206.343.3961 Seattle, Washington 98104-1745 of others increased. I became less fear- www.mhb.com ful of economic insecurity. I was not as anxious about things and began to enjoy my work as a lawyer.”

Seattle: The Unbarmeets Wednesdays from 12:15–1:30 p.m. at the Municipal Building — 700 Fifth Ave, Ste. 2750, across from the Columbia Center.

WSBA Lawyers Assistance Program: 11th Floor, WSBA Office, 1325 Fourth Ave., Seattle, 206-727-8268, lap@wsba. org wsba.org/lap. You can also contact LAP for information about groups in Spokane and around the state.

Dan Crystal has been working with the WSBA since November 2008. He received his Psy.D. in clinical psychology from the University of Denver in 2007 and completed a postdoctoral fellow- ship at the Seattle VA Hospital in 2008. His areas of expertise include addic- tions, post-traumatic stress disorder, and forensic psychology. At the WSBA Lawyers Assistance Program, Dr. Crys- tal provides individual consultations, leads job seekers groups, and outreach- es to bar groups statewide on mental health issues. He also works with the WSBA Office of Disciplinary Counsel as its diversion administrator.

34 Washington State Bar News | September 2012 IRS Offshore Account Amnesty by Robert W. Wood Lawyers and

ce -k r aft o . co m/ s pa Clients Should oc kph o t iSt © Be Aware

awyers, law firms, About 34,000 taxpayers came for- worse, including up to $250,000 in pen- companies, and their ward over the last few years to disclose alties and up to five years in prison for Swiss and other accounts. The IRS each failure. It is no longer possible for clients should be knows there’s a much larger number people to claim ignorance over these aware of the latest who haven’t. U.S. citizens and perma- rules — some taxpayers are being in- Ldevelopments in the Internal nent residents must report their world- dicted for failure to file FBARs. Revenue Service’s continu- wide income on U.S. tax returns. Given the stakes, the IRS has had two That includes investment income on programs to encourage compliance, ing campaign to achieve full foreign accounts and assets anywhere, one in 2009 and another in 2011, under transparency with foreign no matter how small they may be. Each which the IRS collected $4.4 billion. De- bank accounts and finan- tax return also asks (on Schedule B to spite stating publicly that it was unlikely Form 1040) if you have a foreign ac- to offer a third type of amnesty program, cial assets. With a carrot and count. If so (and if the total of all foreign the IRS did so this year. Unlike the prior stick, the IRS has said again accounts exceeds $10,000 at any time two, this program has no announced and again that these matters during the year), you must check “yes.” deadline. For many, it could represent are serious. Recent develop- If you check “yes,” it refers you to a the last best chance at easy compliance. separate filing, a Foreign Bank Account For taxpayers without any ben- ments show that the stakes Reporting form known as an FBAR. eficial ownership in foreign accounts are going up and that failure This is separate from a tax return and or assets, it was and is still necessary to comply with tax and dis- must be filed each year by June 30 for to file FBARs disclosing their signa- closure rules will henceforth the prior year. No payment is required, ture authority. Fortunately, most such but this disclosure form has been in cases can be resolved outside of the be more harshly addressed. the law since 1970. It contains separate IRS amnesty by preparing and filing Lawyers and their clients should sections for foreign accounts which the back FBARs. They should gener- pay attention, even where their roles you own beneficially and for those over ally be accompanied by an explana- as signatories of foreign accounts are which you have signature authority but tory letter noting that your tax returns merely fiduciary rather than beneficial no ownership. are correct, you just became aware of in nature. Some lawyers may think they The IRS takes this very seriously. In- the FBAR requirements, you will com- need not be concerned if their role was come tax penalties for failing to include mence filing FBARs annually, and you solely as a signatory on a trust or other income or disclose foreign accounts ask that no penalties be imposed. fiduciary account. In fact, there are fil- can be severe, including criminal pros- Taxpayers whose noncompliance ing obligations in that situation, too. ecution. The FBAR penalties are even involved not only FBARs but also tax

September 2012 | Washington State Bar News 35 returns should consider the IRS’s third The biggest change is a 27.5 percent counts or assets did not surpass $75,000 offshore program. It is similar to the penalty on the highest aggregate bal- could face only a 12.5 percent penalty. 2011 program, and although there is no ance (in foreign bank accounts/entities In addition, taxpayers who feel the deadline, its terms could change at any or value of foreign assets) during the penalty is disproportionate may opt time. Taxpayers who already came for- eight years before disclosure. This is an out and deal with the issue as an audit ward to the IRS since the closing of the increase from a 25 percent penalty in the item. There’s more flexibility there and 2011 program qualify to be treated un- 2011 program and 20 percent in 2009. a greater array of procedural rights der the provisions of the new program. However, taxpayers whose offshore ac- (such as going to the IRS Appeals Office) if it doesn’t go to your liking. As in the past, participants must file all original and amended tax returns and include payment for back taxes and interest for up to eight years as well as paying accuracy-related and/or delinquency penalties. They must also compete and file FBARs. Your clients look to you for the One reason to consider joining this IRS program relates to the absence best in referrals . . . Count on it! of alternatives. Regardless of penal- Board Certified* ties, remaining silent seems increas- NITA Trained ingly risky. The IRS has made clear that “quiet disclosures” (in which a taxpayer Battle Tested over 20 Years prepares and files amended tax returns Repeatedly selected “Superlawyer” and FBARs without calling attention to them and without joining the program) will be dealt with strictly. Moreover, the IRS is getting good information and Refer with Confidence is more and more likely to discover *Board certified by the National College for DUI Defense. The Supreme 425-457-7474 foreign accounts and assets and treat Court of Washington does not recognize certification of specialties and them harshly. certification is not a requirement to practice law in the State of Washington. www.duismith.com Recently, a California tax lawyer, Christopher M. Rusch, and two businessmen, Stephen M. Kerr and Michael Quiel, were indicted over various alleged income tax and FBAR violations. There have been many others against whom similar criminal charges have been filed and more are likely on the way. In part, this is due to the treasure trove of information (including dates, names, and details) the IRS obtained via its 2009 and 2011 amnesty submissions. Yet the IRS is getting still more data. The IRS has issued John Doe summons- es forcing some banks to name names. In addition, the IRS has resorted to issu- ing grand jury subpoenas to individuals suspected of overseas banking to produce their own bank records. It requires turning over the suspect’s own bank account details, including statements with the highest annual balances. A dozen or more of these subpoenas have reportedly been issued. It is unclear whether such an individual can refuse and successfully assert protection under the Fifth Amendment. There is an established exception for “required records” that are not covered by the protections of the Fifth Amendment. Some

36 Washington State Bar News | September 2012 courts are considering whether offshore private banking falls within it. The Ninth Circuit, in In re Grand Jury Investigation M.H., 648 F.3d 1067 (9th Cir. 2011), allowed prosecutors to compel an offshore account holder to produce account data even if it was self-incrim- inating. In contrast, in a similar case in Texas, In re: Grand Jury Subpoena, No. 4:11-mc-00174, (S.D. Tex. Feb. 11, 2011) (under seal), the judge ruled that a taxpayer did not have to comply. The government is appealing. All of this is occurring as criminal investigations of 11 Swiss banks continue. The banks are suspected of enabling tens of thousands of wealthy Americans to evade U.S. taxes. Banks in the cross- hairs include Credit Suisse AG, HSBC Holdings plc, and Basler Kantonalbank. In fact, there have been massive data transfers by Swiss banks in the face of a January 30, 2012, deadline for these banks to turn over data on their offshore business. The data is said to contain many thousands of pages of encrypted LEADING BY EXAMPLE. data, including the names of client ad- visers. It is unclear if the encrypted data is any use to the IRS and other authorities in its current form, but the assump- We’re proud to announce that Becky Roe has been named the tion is that it will be soon. 2012-13 president of the Washington State Association for Justice. It is said to contain details of services Becky is a skilled attorney and dedicated advocate for victims of to American clients. Therefore, it could abuse, sexual harassment, personal injury and unfair employment provide a rich vein of information for tax practices. She is tough, fearless and passionate about having a authorities and prosecutors to pursue. The Swiss government is attempting justice system that serves everyone. In short, she is the ideal person to prevent criminal charges being filed to head up WSAJ’s important work. Congratulations, Becky. against the banks and hopes cooperation in data transfers plus the payment of fines may be enough. As this drama plays out, additional CONTACT US | www.sgb-law.com | www.sgb-abogados.com account details and prosecutions are 810 Third Avenue, Suite 500 | Seattle, WA 98104 | 206-622-8000 | 800-809-2234 likely in what has become an epic battle over global transparency. Lawyers and ©2012 SCHROETER GOLDMARK & BENDER their clients are almost certainly better off trying to stay out of it. For more information, the IRS has a FAQ site at http://tinyurl.com/irsfaqs. “I saw it in BarNews ” Reach the audience you want. Robert W. Wood is a tax lawyer with a Advantages of advertising in Bar News: nationwide practice (www.woodllp.com). Bar News circulation is more than 31,000. The author of more than 30 books, in- » » Nearly 75 percent of the WSBA’s active members always or cluding Taxation of Damage Awards & usually read Bar News. Settlement Payments (4th Ed. 2009 with » Washington state lawyers and judges read Bar News 2012 supplement, www.taxinstitute.com), more than any other legal publication. he can be reached at [email protected]. » Bar News is the only legal magazine received by every This discussion is not intended as legal practicing attorney in Washington state. advice, and cannot be relied upon for any purpose without the services of a quali- To place an ad, contact WSBA Advertising Manager Jack Young at 206-727-8260 or [email protected]. fied professional.

September 2012 | Washington State Bar News 37 We’d Love to Share Our Success Stories But They Are Completely Confidential.

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38 Washington State Bar News | September 2012 THE LITERARY LAWYER

edited by Stephanie Perry gives a personal account of his experi- more. Manterfield discusses triggering ences with controversial legal topics events, setting the purchase price, fix- lot of books cross our desk — such as the death penalty, racketeer- ing the transfer tax value of the owner- and probably yours, too. The ing, terrorism, discrimination, and ship interest, pricing options, funding Literary Lawyer presents a foreign affairs. Appointed to the fed- methods, and using cross-purchases selection of law-related eral bench in 1994 by President Clin- or redemptions. Also included are ed- A reading, whether you’re ton, Judge Block discusses some of the itable checklists and forms, which are looking to improve your practice most prominent and sensational cases available online to download. skills, learn a new area of law, or es- that he presided over during his nearly cape into a thrilling page-turner by 20 years as a federal judge, including a local author. Read something good the Crown Heights Riots and the trials (or bad) lately? Submit your own re- of mafia boss Peter Gotti and night- views to [email protected]. club magnate Peter Gatien. Disrobed takes the reader into the courtroom and chambers of a federal judge, of- The Lawyer’s Essential Guide fering a rare look at some of the least- to Writing: Proven Tools and talked-about aspects of the bench, Techniques including the difficulties of sentenc- by Marie Buckley ing, the mental toll of possessing the ABA, 2011; 270 pp.; $79.95 power to drastically alter someone’s In today’s legal world, lawyers aren’t life and liberty, and the prevalence just tasked with writing contracts and of death threats and other risks that briefs — they also need to correspond judges and their families face in order with clients via email, promote their to serve and uphold the justice system. practice with a blog, and network Transgender Family Law: A with social media. Based on author Guide to Effective Advocacy Marie Buckley’s years of experience Jennifer L. Levi, ed. as a legal writing coach, this guide AuthorHouse, 2012; 326 pp. provides a systematic approach to paperback; $19.95 all forms of written communication, This ground-breaking book compre- from traditional legal writing such as hensively addresses legal issues facing memoranda, contracts, and briefs to transgender people in the family law modern mediums, such as email and context and provides practitioners blogs. The book explains three guid- with the tools to effectively represent ing principles for powerful writing transgender clients. Featuring chap- and how to apply those principles to ters by attorneys with expertise in develop a clean, modern, and con- both family law and transgender legal fident style. It also explains how to Buy-Sell Agreements advocacy, the book was edited by Jen- overcome writer’s block, use writing by Eric A. Manterfield nifer L. Levi, director of GLAD’s (Gay time efficiently and effectively, orga- ALI-ABA, 2011; 176 pp. softbound; & Lesbian Advocates & Defenders) nize research before writing, self-edit $159 Transgender Rights Project, and Eliza- for excellence, proofread, and edit In 2011, almost 100 reported cases beth E. Monnin-Browder, a litigation work from other lawyers. A helpful us- involved buy-sell agreements, many associate in the Boston office of Ropes age, grammar, and punctuation guide of them ambiguous or poorly drafted. & Gray and a former GLAD attorney. answers the questions that most com- Learn how to avoid errors in buy-sell Topics covered include culturally monly trouble legal writers. agreements — and how to draft them competent representation, recogni- to your clients’ advantage. Buy-Sell tion of name and sex, relationship rec- Disrobed: An Inside Look Agreements highlights common draft- ognition and protections, protecting at the Life and Work of a ing mistakes to avoid, including those parental rights, relationship dissolu- Federal Trial Judge involving valuation formulas, dis- tion, parental rights after relationship by Frederic Block counts, transfers incident to divorce, dissolution, custody disputes involv- Thomson Reuters Westlaw and transfers to spouses, lifetime transfers ing transgender children, protections National Association of Criminal of an ownership interest, gifts in trust, for transgender youth, intimate part- Defense Lawyers, 2012; $29.95 subchapter S protection, children ner violence, and estate planning and This memoir by Judge Frederic Block who work in a family business, and elder law.

September 2012 | Washington State Bar News 39 MBC would like to congratulate John Christensen on winning the 2012 AAU Taekwondo National Championship in Olympic Sparring.

In the spirit of the Olympics, MBC will go “faster, higher, stronger” to assist you with your most complex personal injury cases.

• Referrals Encouraged • Superior client service

Bring us your tough cases. The Fifth Woman by G. William Parker AuthorHouse, 2011; 300 pp. paperback; $15.19 A high roller insured for $20 million is PERSONAL INJURY AND TRIAL ATTORNEYS found dead in his Las Vegas hotel suite. Ten years later, during an ordinary audit, Attorneys Office Rick Morgan, the insurance company’s John L. Messina 5316 Orchard Street West audit executive, discovers two $20 mil- Stephen L. Bulzomi Tacoma, WA 98467 John R. Christensen tel: (253) 472.6000, (800) 992.9529 lion payouts and immediately suspects Jeremy A. Johnston fax: (253) 475.7886 fraud. Although the autopsy concluded James W. McCormick www.messinalaw.com the death was from natural causes, Mor- gan’s gut tells him something isn’t right. With the help of a former homicide detective, Morgan uncovers a string of cover-ups and payoffs stretching back for decades — and an unexpected ro- mance. Seattle accountant G. William Parker draws on his personal experience in the insurance and funeral industries, and the occasional high life as a successful VIP gambler, in this murder mystery, the first in a trilogy. s

Talmadge ’ P erry P ic k s FiTzpaTrick I have read a few books lately on environmental issues. Here are some I’ve chosen that look at consumerism and its environmental effects.

Bottlemania: How Water Went On Sale and Why We Bought It Elizabeth Royte Bloomsbury USA, 2008; 272 pp. paperback; $15

40 Washington State Bar News | September 2012 This 2008 follow-up to Royte’s enter- taining and informative Garbage Land takes a look at a true environmental scourge: disposable water bottles. Clean, safe drinking water for a population of millions is both a momentous technological achievement and a luxu- ry that people in many countries don’t enjoy. Yet many American consumers feel that tap water isn’t good enough and bottled water in disposable plastic containers is somehow better — even when those single-use, not-truly-recy- clable bottles end up littering the environment. Royte follows the trail from those famously pure glacial mountain springs to bottling plants and super- markets, examining decades’ worth of marketing campaigns that have gotten us to pay premium prices for something Help clients plan for their pets. that’s already on tap in every home. To have a Friends Forever™ packet mailed to your office, Call 503.416.2988 or email [email protected]

School of law

Managing Risk in a CoMplex WoRld

PrEsEntEd by thE LAW, bUsInEss & EntrEPrEnEUrshIP PrOGrAM Garbology by Edward Humes Avery, 2012; 288 pp. hardcover; $27 Pulitzer Prize-winning author Edward Friday, OctOber 5, 2012 Humes investigates the whopping 102 8:30 A.M. to 5:00 p.M. tons of trash that the average American University of Washington school of laW produces over a lifetime: he visits the William h. gates hall enormous Garbage Mountain landfill in L.A., talks to the scientist creators of For more information, visit MIT’s Trash Track Project, and explains www.law.washington.edu/Events the myths and truths surrounding the or call 206.221.2961 Pacific Garbage Patch. He delves into the history of sanitation engineering Sponsored by Perkins Coie, K&L Gates, Fenwick & West — which is more interesting than you might think — and profiles people with 6.25 General CLE Credits (pending) unusual relationships to garbage, like the Cost for attendees earning Cle credit: $50 artists-in-residence at one San Francisco dump, or the family that has managed to get their annual trash output down to the Leaders for the GLobaL Common Good contents of a single mason jar.

September 2012 | Washington State Bar News 41 TRADEMARK Copyright & Patent Searches Here “Experienced Washington office are the for attorneys worldwide” effects of this unchecked bargain- FEDERAL SERVICES & RESEARCH: basement consumption. Cline ex- Attorney directed projects at all Federal plores the rise of the massive interna- agencies in Washington, DC, including: tional budget-clothing chains, visiting Champions! USDA, TTB, EPA, Customs, FDA, INS, FCC, ICC, SEC, USPTO, and many others. sweatshops and factories in Asia, and Face-to-face meetings with Gov’t officials, Freedom of Information Act requests, how they’ve harmed independent de- copyright deposits, document legalization signers who struggle to sell higher- @ State Dept. & Embassies, complete quality clothes at a fair cost. She also trademark, copyright, patent and TTAB files. investigates what really happens to our well-meaning (but overwhelming COMPREHENSIVE: U.S. Federal, and largely unhelpful) clothing dona- State, Common Law and Design searches, INTERNATIONAL SEARCHING tions to thrift stores. Still, it’s not all EXPERTS: Our professionals average depressing: Cline offers solutions on over 25 years experience each how we can break the cycle with our FAST: Normal 2-day turnaround with 24-hour and 4-hour service available Overdressed: The Shockingly own buying choices, rewarding qual- High Cost of Cheap Fashion ity and innovation with our consumer GOVERNMENT LIAISON SERVICES, INC. by Elizabeth L. Cline dollars, and choosing to keep and re- 200 N. Glebe Rd., Suite 321 Portfolio Hardcover, 2012; 256 pp. pair items for a longer useful life. Arlington, VA 22203 hardcover; $25.95 Ph: 703-524-8200, Fax: 703-525-8451 Author Elizabeth Cline used to buy Minutes from USPTO & Washington, DC cheap, new items of clothing from Stephanie Perry is the WSBA commu- TOLL FREE:1-800-642-6564 discount chains almost every week. nications specialist/publications editor. Find more of her reviews and reading www.GovernmentLiaison.com Then she began to wonder about the [email protected] environmental, social, and economic lists at www.readerslane.com.

SPEEDING TICKET? TRAFFIC INFRACTION? CRIMINAL MISDEAMEANOR? Get published! We salute these Champions of Justice King County law Guardians of Justice fi rms, who represent the standard of excellence in the Firms whose annual contribution to the Campaign totals $45,000 or more Bar News is looking for a few good writers. 2011–2012 Campaign for Equal Justice. Their generous charitable support helped us raise more than $525,000 in vital operating support for more than 20 civil legal aid programs in King County and across the state. Through their support of the Campaign for Equal Justice, Champions of Justice these civically engaged law fi rms are strengthening our Firms whose annual contribution to the Campaign meets or exceeds communities by helping stabilize housing, income and the giving standard of $250 per attorney Keep it off your record, Keep insurance costs down benefi ts for thousands of families dealing with urgent Aoki Law PLLC • Bergman, Draper Ladenburg • Black & Yund • Bracewell & Giuliani LLP • civil legal crises. Bush Strout & Kornfeld LLP • Carlson & Dennett, PS • Chemnick, Moen Greenstreet • JEANNIE P. MUCKLESTONE, P. S. Chihak & Gustad • Corr Cronin Michelson Baumgardner & Preece LLP • Cutler Nylander PO BOX 565 BACK ROW (L TO R): Andy Sachs, Wrenn Law Group; William Cronin, Corr Cronin Michelson & Hayton • Davidson, Czeisler, Kilpatric, P.S. • Fain Anderson VanDerhoef, PLLC • Baumgardner & Preece; Spencer Hall, Hall Zanzig Clafl in McEachern; Bob Blackstone, Davis Medina,Washington 98039 Wright Tremaine LLP; Sheila O’Sullivan, Leen & O’Sullivan; David Leen, Leen & O’Sullivan; Foster Pepper, PLLC • Friedman | Rubin • Garvey Schubert Barer • Gordon W. Wilcox, Inc., PS Lance Behncke, Bracewell Guiliani; Sandy Widlan, Schroeter Goldmark & Bender; Hon. • Gottlieb Fisher PLLC • Hall Zanzig Clafl in McEachern • Inslee, Best, Doezie & Ryder, PS • (206) 623-3343 James Verellen, Judicial Dispute Resolution Center; Dan Gottlieb, Gottlieb Fisher; David Johnson|Flora PLLC • Judicial Dispute Resolution • K & L Gates LLP • Karr Tuttle Campbell [email protected] Lawyer, Inslee Best, Doezie & Ryder; James Rogers, Law Offi ces of James S. Rogers. [email protected] See your name in lights (well, in ink, anyway) in Bar News! If you have an Keesal, Young & Logan • Keller Rohrback LLP • Kilpatrick Townsend & Stockton LLP • www.mucklestone.com MIDDLE ROW (L TO R): Mary Foster, Mary Foster PLLC; Bruce Larson, Karr Tuttle Campbell; www.mucklestone.com article of interest to Washington lawyers or have been meaning to write Chris Wells, Lane Powell; Benson Wong, Keller Rohrback; Raegen Rasnic, Skellenger Bender; Kipling Law Group • Krutch, Lindell, Bingham, Jones, PS • Lane Powell PC • Law Offi ces of Kelly Twiss Noonan, Stokes Lawrence; Nancy Williams, Perkins Coie; Mary Jo Newhouse, James S. Rogers • Law Offi ces of Robert Gould • Leen & O’Sullivan, PLLC • LePley Law Firm • • Successful Results one, see page 5 for article submission guidelines. Bar News relies almost Schwabe Williamson & Wyatt; W. Ward Morrison, Jr., Riddell Williams; Thomas Hayton, • Extensive experience entirely on the generous contribution of articles from WSBA members. Cutler Nylander & Hayton; Geoff Revelle, Stoel Rives; Molly Henry, Keesal Young & Logan; Lighthouse Law Group PLLC • Marler Clark, LLP, PS • Mary Foster PLLC • MFR Law Group • Former Judge Pro Tem in King County Marcella Fleming Reed, MFR Law Group; Robert Mitchell, K&L Gates. PLLC • Opus Law Group PLLC • Oseran, Hahn, Spring, Straight & Watts PS • Perkins Coie • • Featured in Vogue magazine May ’03 as a top FRONT ROW (L TO R): Sharon Cates, Lighthouse Law Group; Joanna Plichta Boisen, Foster lawyer for women in Washington Pepper; Jay Derr, VanNess Feldman GordonDerr; Jason Dennett, Carlson & Dennett; James Peterson, Wampold Rosato Luna Knopp • Ressler & Tesh, PLLC • Riddell Williams PS • • Front page of Seattle Times “Drivers fighting Questions? Contact [email protected]. Austin, President, KCBF; Mark Johnson, Johnson Flora; Ken Schubert, Jr., Garvey Schubert Schroeter, Goldmark & Bender • Schwabe Williamson & Wyatt, PC • Sebris Busto James • tickets and winning” June 1, 2006 Barer; Gordon Wilcox, Gordon W. Wilcox, Inc.; Charles E. “Ted” Watts, Oseran, Hahn, Spring, • Visa/Mastercard accepted Straight, & Watts; Robert Gould, Law Offi ces of Robert Gould; Ann Rosato, Peterson Skellenger Bender, PS • Speckman Law Group PLLC • Stoel Rives LLP • Stokes Lawrence, PS • Young Putra. Van Ness Feldman GordonDerr • Wrenn Law Group, PLLC

42 Washington State Bar News | September 2012 The King County Law Firm Campaign for Equal Justice is a joint endeavor of Legal Aid for Washington Fund (LAW Fund) and the King County Bar Foundation (KCBF) | www.c4ej.org Here Champions! are the

We salute these Champions of Justice King County law Guardians of Justice fi rms, who represent the standard of excellence in the Firms whose annual contribution to the Campaign totals $45,000 or more 2011–2012 Campaign for Equal Justice. Their generous charitable support helped us raise more than $525,000 in vital operating support for more than 20 civil legal aid programs in King County and across the state. Through their support of the Campaign for Equal Justice, Champions of Justice these civically engaged law fi rms are strengthening our Firms whose annual contribution to the Campaign meets or exceeds communities by helping stabilize housing, income and the giving standard of $250 per attorney benefi ts for thousands of families dealing with urgent Aoki Law PLLC • Bergman, Draper Ladenburg • Black & Yund • Bracewell & Giuliani LLP • civil legal crises. Bush Strout & Kornfeld LLP • Carlson & Dennett, PS • Chemnick, Moen Greenstreet • Chihak & Gustad • Corr Cronin Michelson Baumgardner & Preece LLP • Cutler Nylander BACK ROW (L TO R): Andy Sachs, Wrenn Law Group; William Cronin, Corr Cronin Michelson & Hayton • Davidson, Czeisler, Kilpatric, P.S. • Fain Anderson VanDerhoef, PLLC • Baumgardner & Preece; Spencer Hall, Hall Zanzig Clafl in McEachern; Bob Blackstone, Davis Wright Tremaine LLP; Sheila O’Sullivan, Leen & O’Sullivan; David Leen, Leen & O’Sullivan; Foster Pepper, PLLC • Friedman | Rubin • Garvey Schubert Barer • Gordon W. Wilcox, Inc., PS Lance Behncke, Bracewell Guiliani; Sandy Widlan, Schroeter Goldmark & Bender; Hon. • Gottlieb Fisher PLLC • Hall Zanzig Clafl in McEachern • Inslee, Best, Doezie & Ryder, PS • James Verellen, Judicial Dispute Resolution Center; Dan Gottlieb, Gottlieb Fisher; David Johnson|Flora PLLC • Judicial Dispute Resolution • K & L Gates LLP • Karr Tuttle Campbell Lawyer, Inslee Best, Doezie & Ryder; James Rogers, Law Offi ces of James S. Rogers. MIDDLE ROW (L TO R): Mary Foster, Mary Foster PLLC; Bruce Larson, Karr Tuttle Campbell; Keesal, Young & Logan • Keller Rohrback LLP • Kilpatrick Townsend & Stockton LLP • Chris Wells, Lane Powell; Benson Wong, Keller Rohrback; Raegen Rasnic, Skellenger Bender; Kipling Law Group • Krutch, Lindell, Bingham, Jones, PS • Lane Powell PC • Law Offi ces of Kelly Twiss Noonan, Stokes Lawrence; Nancy Williams, Perkins Coie; Mary Jo Newhouse, Schwabe Williamson & Wyatt; W. Ward Morrison, Jr., Riddell Williams; Thomas Hayton, James S. Rogers • Law Offi ces of Robert Gould • Leen & O’Sullivan, PLLC • LePley Law Firm • Cutler Nylander & Hayton; Geoff Revelle, Stoel Rives; Molly Henry, Keesal Young & Logan; Lighthouse Law Group PLLC • Marler Clark, LLP, PS • Mary Foster PLLC • MFR Law Group Marcella Fleming Reed, MFR Law Group; Robert Mitchell, K&L Gates. PLLC • Opus Law Group PLLC • Oseran, Hahn, Spring, Straight & Watts PS • Perkins Coie • FRONT ROW (L TO R): Sharon Cates, Lighthouse Law Group; Joanna Plichta Boisen, Foster Pepper; Jay Derr, VanNess Feldman GordonDerr; Jason Dennett, Carlson & Dennett; James Peterson, Wampold Rosato Luna Knopp • Ressler & Tesh, PLLC • Riddell Williams PS • Austin, President, KCBF; Mark Johnson, Johnson Flora; Ken Schubert, Jr., Garvey Schubert Schroeter, Goldmark & Bender • Schwabe Williamson & Wyatt, PC • Sebris Busto James • Barer; Gordon Wilcox, Gordon W. Wilcox, Inc.; Charles E. “Ted” Watts, Oseran, Hahn, Spring, Straight, & Watts; Robert Gould, Law Offi ces of Robert Gould; Ann Rosato, Peterson Skellenger Bender, PS • Speckman Law Group PLLC • Stoel Rives LLP • Stokes Lawrence, PS • Young Putra. Van Ness Feldman GordonDerr • Wrenn Law Group, PLLC

September 2012 | Washington State Bar News 43 The King County Law Firm Campaign for Equal Justice is a joint endeavor of Legal Aid for Washington Fund (LAW Fund) and the King County Bar Foundation (KCBF) | www.c4ej.org You are cordially invited to attend The Washington State Bar Association 50-Year Member Tribute Luncheon

Friday, October 12, 2012 • Sheraton Seattle Hotel • 1400 6th Ave., Seattle Registration and Reception: 11:00 a.m. (no-host bar) • Luncheon Program: Noon

Registration is $45 per Please join us as we honor the 2012 WSBA 50-year members. person (table of 10 = All members of the legal community are invited. $450). To make your Name ______WSBA No. ______reservation, please return Address______this form (or a photocopy) Phone ______E-mail ______with your credit-card Affiliation/organization ______information or check payable to WSBA. Space Credit-Card Information is limited, so please make your reservations MasterCard Visa No. ______Exp. date______early. Reservations and Name as it appears on card______payment must be received Signature ______by October 4, 2012 ______(no. of persons) X $45 (price per person) = $ ______TOTAL (refunds cannot be made after October 4). Please list the names of all attendees and indicate meal choices. Be sure to include yourself.

______chicken salmon vegetarian

WSBA office use only: If you need special accommodations, please check here and explain below: Date ______Check No. ______Send to: Washington State Bar Association 50-Year Member Tribute Luncheon Amount ______1325 Fourth Avenue, Suite 600 No. MTL 102013 Seattle, WA 98101-2539 Image©iStockphoto.com/LeePettet Tel: 800-945-WSBA or 206-443-WSBA • Fax: 206-727-8310

44 Washington State Bar News | September 2012 The 2012 Washington State Bar Association Annual Awards Dinner

Please join us on Thursday, September 20, 2012, at the Hyatt at Olive 8 in Seattle for an evening of inspiration as we celebrate the accomplishments of the 2012 WSBA award recipients. All members of the legal community and guests are invited to attend.

Reception: 5:30 p.m. (no-host bar) • Dinner/Program: 6:30 p.m. • 1635 Eighth Avenue, Seattle

Name ______WSBA No. ______Address______Phone ______Email ______Affiliation/Organization ______

Registration is $95 per person (table of 10 = $950). To make your reservation, please return this form (or a photocopy) with your credit-card information or check payable to WSBA. Space is limited, so please make your reservations early. Reservations and payment must be received no later than September 13, 2012 (refunds cannot be made after September 14). Seating will be assigned.

MasterCard Visa No. ______Exp. date______Name as it appears on card ______Signature ______

______(no. of persons) X $ ______(price per person) = $ ______TOTAL

Please list the names of all attendees and indicate meal choices. Be sure to include yourself.

______chicken fish vegetarian ______chicken fish vegetarian ______chicken fish vegetarian ______chicken fish vegetarian ______chicken fish vegetarian

______chicken fish vegetarian ______chicken fish vegetarian ______chicken fish vegetarian ______chicken fish vegetarian

______chicken fish vegetarian

All those listed on the same registration form (up to 10) will be seated at the same table.

Send to: WSBA Annual Awards Dinner Attn: Pamela Wuest 1325 Fourth Ave., Ste. 600 Seattle, WA 98101-2539 Tel: 206-239-2125 • 800-945-9722, ext. 2125 • Fax: 206-727-8310 • [email protected] WSBA office use only: Date ______If you need special accommodations, please check here and explain below. Check No. ______Amount ______No. AAD 92012 ______

September 2012 | Washington State Bar News 45 FOR YOUR INFORMATION News for WSBA members

Opportunities for Service

Northwest Justice Project The WSBA Board of Governors seeks can- Applications will be reviewed by the Board of Directors didates for appointment to the Limited Board of Governors in November and the Application Deadline: September 5, Practice Board, which oversees adminis- names of selected candidates will be for- 2012 tration of, and compliance with, the Lim- warded to the Washington State Supreme The WSBA Board of Governors (BOG) is ited Practice Rule (APR 12) authorizing Court for appointment. Initial terms will accepting letters of interest and résumés certain laypersons to select, prepare, and begin January 1, 2013, and end September from members interested in appointment complete legal documents pertaining to 30 in either 2013, 2014, or 2015. (In the to a three-year term of volunteer service the closing of real estate and personal- future, terms will be for three years, begin- on the Board of Directors of Northwest property transactions. The candidates’ ning on October 1, with a two-term limit.) Justice Project (NJP). The BOG will fill names will be submitted to the Wash- Application instructions are located on three attorney positions for terms com- ington State Supreme Court for appoint- the WSBA website at www.wsba.org/lllt. mencing January 1, 2013. A fourth attor- ment, and the appointee will serve a four- Applications from people seeking a LLLT ney appointment will be made by the NJP year term commencing January 1, 2013, license will not be accepted until the LLLT Board. Three incumbents are eligible for and ending December 31, 2016. In keeping Board has finalized all program details, reappointment and must submit a letter with the member requirements of APR 12, which is not expected to be prior to Janu- of interest and résumé if interested in re- these positions must be filled by active ary 1, 2014. Information about APR 28 may appointment. members of the WSBA. Experience in the be found on the Court’s website at www. The Northwest Justice Project is a real estate industry is preferred. For more courts.wa.gov/newsinfo/?fa=newsinfo. 105-attorney statewide not-for-profit law information, see www.wsba.org/lpos. internetdetail&newsid=2136. Questions firm providing free legal services to low- An application and résumé are re- about the Board should be addressed to income people from 13 offices through- quired for new candidates and incum- Robert Henry, WSBA admissions man- out Washington. NJP is funded primarily bents seeking reappointment. Please ager, at [email protected]. by the state of Washington and the federal submit application and résumés online. Legal Services Corporation. Its 2012 bud- Contact Limited Practice Board Staff Li- Bench-Bar-Press get is approximately $19.5 million. Board aison Talia Clever at [email protected] for Committee of Washington members play an active role in setting more information. Application Deadline: October 19, 2012 program policy and assuring adequate The WSBA Board of Governors is accept- oversight of program operations, and Limited License Legal ing letters of interest and résumés from must have a demonstrated interest in, Technician Board members interested in serving on the and knowledge of, the delivery of high- Application deadline: October 15, 2012 Bench-Bar-Press Committee of Washing- quality civil legal services to low-income The WSBA Board of Governors seeks ap- ton. Two positions are available. Both in- people. Board members are expected plicants for the Limited License Legal cumbents are eligible for reappointment to attend quarterly meetings in Seattle Technician Board, recently created by and must submit a letter of interest if in- (normally on the last Saturday of Janu- the Washington State Supreme Court to terested in reappointment. ary, April, July, and October), attend the administer new Admission to Practice The two-year term will begin January 1, Goldmark Luncheon in February, attend Rule 28, which will be implemented by the 2013, and expire December 31, 2015. The the annual Access to Justice Conference WSBA. APR 28 authorizes certain persons Bench-Bar-Press Committee was formed in June, and serve actively on at least one to render limited legal assistance or advice in 1963 to foster better understanding and Board committee. in approved practice areas of law. Among working relationships among judges, law- For more information, please email other duties, the 13-member Board will yers, and journalists. Its mission is to seek César Torres, NJP executive director, recommend LLLT practice areas to the to accommodate, as much as possible, the at [email protected], or Russell J. Court, draft necessary rules and regula- tension between the constitutional values Speidel, board development chair, at russ. tions for implementation of this pro- of free press and fair trial through educa- [email protected]. Submit letters of gram, determine qualifications for LLLT tional events and relationship building. interest and résumés to: WSBA Commu- licensing, administer the LLLT exam, and The committee is chaired by the Chief nications Department, 1325 Fourth Ave., determine LLLT continuing education Justice of the Washington State Supreme Ste. 600, Seattle, WA 98101-2539; or email requirements. Nine of the Board members Court and includes representatives from [email protected]. must be active WSBA members; the other the legal profession, judiciary, law en- four are non-lawyers. Legal educators are forcement, and news media. The commit- Limited Practice Board encouraged to apply, as at least one board tee meets as a whole once or twice each Application deadline: October 1, 2012 member must be a legal educator. year. Subcommittees of volunteers are

46 Washington State Bar News | September 2012 FOR YOUR INFORMATION News for WSBA members

Court Executive, United States Court- after you get your packet in the mail. The house, 700 Stewart St., Ste. 2310, Seattle, License Renewal form and the Section WA 98101, or by email at mag_reappoint@ Membership form will be mailed together organized on an ad hoc basis to plan and wawd.uscourts.gov. Comments must be in mid-October and online licensing will execute events. received by September 30, 2012. See www. be available at that time. Renewal and More information can be found at wawd.uscourts.gov for more information. payment must be completed by February www.courts.wa.gov/committee/index. 1, 2013. cfm?fa=committee.home&committee_ U.S. District Court Public • Payment plan option now available. If id=77, or contact Wendy Ferrell, Admin- Notice you are experiencing financial challenges, istrative Office of the Courts, at wendy. Regarding Reappointment of Incum- you may contact us about our new pay- [email protected], 360-705-5331. bent Part-time United States Magistrate ment plan option (available to all active Submit letters of interest and résumés to: Judge Dean Brett in the Western District and inactive members), or our one-time WSBA Communications Department, of Washington at Bellingham hardship exemption, available for ac- 1325 Fourth Ave., Ste. 600, Seattle, WA The current four-year term of office of tive attorney members who qualify. Visit 98101-2539 or email [email protected]. part-time United States Magistrate Judge wsba.org/licensing to find out how we’re Dean Brett is due to expire on June 22, making it easier for you. 2013. The United States District Court • Join or renew your section member- U.S. District Court Public is required by law to establish a panel of ship. As the section membership year is Notice citizens to consider the reappointment of October 1, 2012, through September 30, Regarding Reappointment of Incum- the magistrate judge to a new four-year 2013, we encourage you to join or renew bent Full-time United States Magistrate term. The duties of the part-time magis- sections in October to receive the full ben- Judge James P. Donohue in the Western trate judge position include the following: efit of the membership. District of Washington at Seattle 1) trial and disposition of petty and mis- • Are you due to report MCLE Compli- The current eight-year term of office of demeanor cases arising from Whidbey ance? If you are due to report MCLE com- full-time United States Magistrate Judge Island Naval Air Station; 2) conduct of reg- pliance for 2010–2012 (Group 3), you will James P. Donohue at Seattle, Washington ular calendars involving charges of traffic also receive your Continuing Legal Educa- is due to expire February 7, 2013. The Unit- offenses and violations of park regulations tion Certification (C2) form in the license ed States District Court is required by law in Mt. Baker-Snoqualmie National Forest packet that will be mailed in mid-October. to establish a panel of citizens to consider and North Cascades National Park, and Lawyers in Group 3 include active at- the reappointment of the magistrate judge in other areas within federal jurisdiction; torney members who were admitted in to a new eight-year term. The duties of the 3) conduct of various preliminary pro- 1984–1990, 1993, 1996, 1999, 2002, 2005, magistrate judge position include the fol- ceedings in criminal cases. The jurisdic- and 2008. (Members admitted in 2011 are lowing: 1) the trial and disposition of civil tion of the part-time magistrate judge is also in Group 3, but are not due to report cases upon consent of the litigants; 2) con- specified in 28 U.S.C. 636(a). Comments until the end of 2015.) All credits must be duct of preliminary proceedings in felony from members of the bar and the public completed by December 31, 2012, and cases; 3) trial and disposition at the Fed- are invited as to whether the incumbent certification (C2 form) must be completed eral Courthouse in Tacoma of petty and Magistrate Judge should be recommend- online or be postmarked or delivered to misdemeanor cases arising from outlying ed by the panel for reappointment by the the WSBA by February 1, 2013. For de- government facilities such as Fort Lewis, court and should be directed to: William tailed instructions, go to wsba.org/mcle. Bangor Naval Submarine Base, Mt. Rainier McCool, District Court Executive, United National Park, Olympic National Park, and States Courthouse, 700 Stewart St., Ste. Legal Foundation of Bremerton Naval Shipyard; 4) trial and 2310, Seattle, WA 98101, or by email at Washington Notice of Public disposition of other federal misdemeanor [email protected]. Meeting cases; 5) assisting district judges in dis- Comments must be received no later The trustees of the Legal Foundation position of prisoner petitions and Social than September 30, 2012. See www.wawd. of Washington will meet on Septem- Security appeals; 6) conducting various uscourts.gov for more information. ber 20, 2012, at the Legal Foundation pre-trial matters and evidentiary proceed- of Washington offices in Seattle. The ings on reference from the judges of the 2013 Licensing and MCLE public may appear in order to com- District Court; 7) conducting settlement Information ment on the Foundation’s activities be- conferences. Comments from members • Renew your license online. Online li- tween 9:00–9:30 a.m. This opportunity of the Bar and the public are invited as to censing is a convenient and easy way to is made pursuant to Article I, Section whether the incumbent magistrate judge complete your license renewal and MCLE 1.7 of the Bylaws of the Legal Founda- should be recommended by the panel for certification. Log in now at mywsba.org to tion of Washington. For more informa- reappointment by the court and should be verify and update your contact information, contact Caitlin Davis Carlson at directed to: William M. McCool, District tion, then complete your license renewal caitlindc@legalfoundation.org.

September 2012 | Washington State Bar News 47 FOR YOUR INFORMATION News for WSBA members

Lawyers Helping Hungry vice given is intended for the education of on exchange software for folder sharing. Children Fundraising the inquirer and does not represent an of- There is no charge and no CLE credit. To Luncheon — October 10 ficial position of the WSBA. Every effort is reserve your seat and obtain conference The King County Chapter of Lawyers made to return calls within two business call instructions, contact Julie Salmon at Helping Hungry Children, a nonprofit or- days. Call the Ethics Line at 206-727-8284 206-733-5914 or [email protected]. ganization dedicated to ending childhood or 800-945-9722, ext. 8284. hunger in Washington, will hold its annu- LOMAP Lending Library al fundraiser on October 10 at the Grand Search WSBA Advisory The WSBA Law Office Management Hyatt, in Seattle. The event will celebrate Opinions Online Assistance Program (LOMAP) Lending Lawyers Helping Hungry Children’s 21st WSBA advisory opinions are available on- Library is a service to WSBA members. year raising money and advocating on be- line at www.wsba.org/advisoryopinions. We offer the short-term loan of books half of hungry children. The money raised You can search opinions by number, year on the business management aspects of by Lawyers Helping Hungry Children goes issued, ethical rule, subject matter, or key- your law office. How does it work? You to beneficiary organizations that provide word. Advisory opinions are issued by the can view available titles at www.wsba. food to children of low-income families WSBA to assist members in interpreting org/resources-and-services/lomap/ and to advocacy for childhood hunger their ethical obligations in specific cir- lending-library. Books may be borrowed issues. The luncheon will be emceed by cumstances. The opinions are the result of by any WSBA member for up to two Ian Lindsay, and headlined by keynote study and analysis in response to requests weeks. LOMAP requires your WSBA ID speaker Molly Moon Neitzel, founder and from WSBA members. For assistance, call and a valid Visa or MasterCard number CEO of Molly Moon Ice Cream. Individual the Ethics Line at 206-727-8284 or 800- to guarantee the book’s return to the tickets are $90 for the event, or $45 for 945-9722, ext. 8284. program. If you live outside of the Se- students and attorneys with government attle area, books can be mailed to you; and nonprofit organizations; tables can you will be responsible for return post- be reserved for $900. Register online at age. For walk-in members, we recom- www.lawyershelpinghungrychildren.org. mend calling first to check availability The Pierce County Chapter of Lawyers of requested titles. To arrange for a book Helping Hungry Children will also hold loan or to check availability, please con- its breakfast fundraiser on October 10 tact Julie Salmon at 206-733-5914.

for emergency food programs in Pierce l i r a o o . co m/pa County. Learn more about Lawyers Help- LOMAP Traveling oc kph o t Roadshow Returns ing Hungry Children at www.lawyers iSt helpinghungrychildren.org, or by con- © Pete Roberts and Jeanne Marie Clavere tacting Marla Zink at marla@washapp. Get More out of Your are presenting on September 7 from org. Information about the Pierce County Software 8:00 to noon at the U.S. Courthouse Chapter can also be obtained from Todd The WSBA offers hands-on computer and Federal Building, 825 Jadwin Ave., Carlisle at [email protected]. clinics and webinars for members want- in Richland. Topics include: protecting ing to learn more about what Microsoft client interests, ethics issues that arise Office Outlook and Word, as well as when dealing with clients with dimin- Adobe Acrobat, can do for a lawyer. We ished capacity, and a “reality check” also cover online legal research, such self-audit for your practice. Four credits as Casemaker and other resources. Are are offered and the cost is $99. Seminar you a total beginner? No problem. The code: LOMOTR90712. Contact Julie Salm- clinic teaches helpful tips you can use on at 206-733-5914 or [email protected] immediately. Bring your laptop or use for additional information.

c k er hau se n o . co m/ J a cob wa provided computers. Seating is limited to 15 members. The September 10 clinic Individual Consultation

oc kph o t will meet from 10:00 to 11:30 a.m. at the

iSt The WSBA Lawyers Assistance Program © WSBA offices and online, and will focus provides treatment for those struggling Facing an Ethical Dilemma? on Microsoft Outlook and Word. On Sep- with depression, work stress, addic- Members facing ethical dilemmas can tember 13, from 2:00 to 3:30 p.m., we will tion, and life transition, among other talk with WSBA professional responsi- discuss Microsoft Outlook and Word. topics. Consultations are an opportu- bility counsel for informal guidance on Our new, short webinar-only sessions nity for assessment of the problems analyzing a situation involving their own for September are: September 17 from you may be facing, identifying useful prospective ethical conduct under the noon to 12:30 p.m. on The FormTool, and tools you may utilize to address these RPCs. All calls are confidential. Any ad- September 24 from noon to 12:30 p.m. issues, and referrals to find the right

48 Washington State Bar News | September 2012 FOR YOUR INFORMATION News for WSBA members

resources for you. Our licensed coun- like Shepard’s and KeyCite, CaseCheck+ ware tools designed to maximize office selors can offer up to three sessions on tells you instantly whether your case is efficiency. LOMAP staff is available to a sliding scale. The first appointment is good law. You can find information about provide materials, answer questions, $20. We also provide consultations on this service on the Casemaker website, and make recommendations. To make job seeking and can offer informational or call 877-659-0801 and a Casemaker an appointment, contact Julie Salmon at and referral resources on a range of representative can talk with you about 206-733-5914, 800-945-9722, ext. 5914, or topics. Contact us at 206-727-8268, 800- the benefits of switching to their premium [email protected]. 945-9722, ext. 8268, [email protected], or go product. For help using Casemaker, con- to www.wsba.org/lap. tact Julie Salmon at 206-733-5914, 800- 945-9722, ext. 5914, [email protected], or call the WSBA Service Center at 800-945- WSBA (9722) or 206-443-WSBA (9722). Just Starting a Practice? Think “out of the box” and consider pur-

chasing “Law Office in a Box®.” For $119, o . co m/f r anzpf l u e g el am oore o . co m/pam you receive an hour of consultation time

iSt tinyurl.com/3rn75hj. Questions? Con- © tact Peter Roberts at [email protected], Procrastination Weekly and Bi-Monthly Job 206-727-8237, or 800-945-9722, ext. 8237. Do you keep putting off certain tasks? Search Group Do you worry about work you’re not do- On September 12, from noon to 1:30 p.m., Mindful Lawyers Monthly ing? Procrastination can be hazardous to the WSBA Lawyers Assistance Program Group your professional and personal health. welcomes a representative from the Puget A growing number of legal profes- Try dividing the task up into small bites, Sound Business Journal to provide guid- sionals across the nation are applying then attack the first logical piece. If you’d ance on how to get the most out of this im- mindfulness-based skills and training like help breaking the procrastination portant job search resource. Learn how to to lawyering. The Washington Contem- habit, call the WSBA Lawyers Assistance recognize industry trends and stand out plative Lawyers group meets on the last Program at 206-727-8268 or 800-945- in a crowded job search market. No RSVP Wednesday of each month (September 9722, ext. 8268, to schedule a confidential is required. The Weekly Job Search group 26) at the Lawyers Assistance Program consultation. provides strategy and support to unem- office from 8:15–9:00 a.m. For more in- ployed attorneys. The group runs for eight formation, contact Sevilla Rhoads at Upcoming Board of weeks and is limited to eight attorneys. [email protected] or go to www. Governors Meetings We provide the comprehensive WSBA job wacontemplativelaw.blogspot.com. September 20–21, Seattle; November search guide “Getting There: Your Guide to 16–17, Seattle; January 17–18, 2013, Career Success,” which can also be found Struggling with Alcohol or Olympia online at www.tinyurl.com/7xheb8b. For Drugs? With the exception of the executive ses- more information about monthly and The WSBA Lawyers Assistance Pro- sion, Board of Governors meetings are weekly job group programming or to gram is closely connected to addic- open, and all WSBA members are wel- schedule a career consultation, contact tions communities, AA and otherwise, come to attend. RSVPs are appreciated Dan Crystal at [email protected], 206-727- across the state. For instance, there is but not required. Contact Pamela Wuest 8267, or 800-945-9722, ext. 8267. an “Unbar” AA group for attorneys (see at 206-239-2125, 800-945-9722, ext. 2125, article on page 30) that meets every or [email protected]. The complete Casemaker Online Wednesday in downtown Seattle. If Board of Governors meeting schedule is Research you would like someone to walk you available on the WSBA website at www. Casemaker is a powerful online research to a meeting, or simply need a referral, wsba.org/about-wsba/governance/ library provided free to WSBA members don’t hesitate to contact us confiden- board-of-governors. that can be accessed from the WSBA tially at 206-727-8268 or [email protected]. website at www.wsba.org/resources-and- Usury Rate services/casemaker-and-legal-research. Learn More about Case- The average coupon equivalent yield As a WSBA member, you already receive Management Software from the first auction of 26-week treasury free access to Casemaker. Now, you can The WSBA Law Office Management As- bills in August 2012 was 0.137 percent. enhance that member benefit by upgrad- sistance Program (LOMAP) maintains Therefore, the maximum allowable usury ing to Casemaker+ with CaseCheck+. Just a computer for members to review soft- rate for September is 12 percent.

September 2012 | Washington State Bar News 49 We asked You answered. you what makes you I’M PROUD THAT MY BAR proud of YOUR PROMOTES DIVERSITY state bar. PROVIDES OUTSTANDING PROGRAMS TO SUPPORT LAWYERS ENCOURAGES LAWYERS TO BE LEADERS OFFERS OPPORTUNITIES FOR LAWYERS TO GIVE BACK CHAMPIONS JUSTICE MAKES PUBLIC SERVICE A PRIORITY

We listened.

Introducing more ways to support the programs you value. Learn more and get involved at wsba.org/foundation

50 Washington State Bar News | September 2012 announcements

Hanis Irvine Prothero, Hanis Irvine Prothero, pllc pllc is pleased to announce that is pleased to announce that Meghan B. Kelly Mark D. Albertson joined the firm as a Partner practicing Elder Law, joined the firm as an associate attorney practicing Estates, Wills and Trusts, Probate, Guardianships, Immigration and Citizenship Law. and Special Needs Law. Her practice includes complex removal defense Mr. Albertson’s 23 years of experience has gained litigation at the administrative and federal court him comprehensive knowledge of the issues levels, family-based immigration petitions, and involved in Elder Law, Veterans’ Benefits, and citizenship matters. Special Needs Planning.

Hanis Irvine Prothero, pllc Hanis Irvine Prothero, pllc 6703 South 234th Street, Suite 300 6703 South 234th Street, Suite 300 Kent, WA 98032 Kent, WA 98032 Tel: 253-520-5000 • Fax: 253-893-5007 Tel: 253-520-5000 • Fax: 253-893-5007 www.HIPLawfirm.com www.HIPLawfirm.com

Hanis Irvine Prothero, pllc is pleased to announce that Jorge A. Ramos The Washington State has joined the firm as an associate attorney practicing Bankruptcy, Personal Injury, and Family Bar Association Law. Mr. Ramos is fluent in both English and Spanish. His practice areas include dissolution is pleased to offer advertising services in the of marriage, legal separations, meretricious/ Announcements section of Bar News. cohabitation relationships, parenting plans, child support modifications, paternity issues, and For more information, contact relocations. Mr. Ramos also represents individuals Advertising Manager Jack Young at who have personal injury claims and those seeking bankruptcy relief. 206-727-8260, or email [email protected]. Hanis Irvine Prothero, pllc 6703 South 234th Street, Suite 300 1325 Fourth Ave., Ste. 600, Seattle, WA 98101 Kent, WA 98032 Tel: 253-520-5000 • Fax: 253-893-5007 www.HIPLawfirm.com

September 2012 | Washington State Bar News 51 Professionals

Investor Claims Civil Appeals Former NASD Series 7, 66 and MICHAEL R. CARYL David J. Corbett life/annuity insurance licensed broker/investment advisor. Available for ATTORN EY F e e Focused on the clear presentation consultation and referrals in claims EXPERTISE of compelling legal arguments involving broker/dealer error, fraud, for civil appeals and summary and investment suitability. Expert testimony in attorney’s judgment motions. Available for fee litigation is essential and association or referral. Courtland Shafer can make the difference in your Satterberg Healy case. Mike Caryl has served in a David Corbett pllc consulting and testifying capacity www.DavidCorbettLaw.com 9832 15th Ave. SW in dozens of cases and has broad Seattle, WA 98106 253-414-5235 expert witness experience in fee 206-763-1510 issue areas, including: [email protected] • Reasonableness determinations • Fee shifting proceedings (e.g., CPA, Oly. Steamship) • Fee agreements, disclosure, intake and billing practices Insurance industry • RPC violations in discipline Appeals • Breach of fiduciary duty claims Expert • “Lindy-Bowers” multipliers Kenneth W. Masters • Attorney’s lien foreclosures Consultation, expert reports, Shelby Frost Lemmel and testimony in cases involving MICHAEL R. CARYL, P.S. property and casualty insurance 200 First Ave. W., Ste. 402 We handle or assist transactions and broker/ Seattle, WA 98119 on all types of civil appeals in underwriter relationships. 206-378-4125 state and federal courts, www.michaelcaryl.com from consulting with trial 12 years’ experience as a counsel to post-mandate commercial insurance broker and proceedings. 9 years’ experience as an insurance coverage attorney.

masters LAW GROUP pllc Stephanie L. Grassia, CPCU 241 Madison Avenue North Cairncross & Hempelmann Bainbridge Island, WA 98110 524 Second Ave., Ste. 500 206-780-5033 Seattle, WA 98104-2323 Direct phone: 206-254-4489 legal malpractice www.appeal-law.com [email protected] and disciplinary issues “42 Years’ Experience” Joseph J. Ganz Lawyer Discipline advertise your is available for consultation, and Legal Ethics professional legal referral, and association in service here! cases of legal malpractice (both Former Chief Disciplinary Counsel plaintiff and defense), as well as Reach over 30,000 WSBA members defense of lawyer disciplinary Anne I. Seidel with your message. and/or grievance issues. is available for representation Contact: The Phillips Law Firm in lawyer discipline matters and 13303 NE 175th Street advice on legal ethics issues. Jack young Woodinville, WA 98072 425-482-1111 206-284-2282 WSBA advertising Manager [email protected] Email: [email protected] [email protected] 206-727-8260 www.walegalethics.com

52 Washington State Bar News | September 2012 Ethics and Lawyer Law Firm Break-Ups Disciplinary Partner Departures Claire Cordon Investigation and Expulsions Employment Lawyer and proceedings Discreet consultation and Workplace Investigations litigation of partner withdrawals EEO Training • Expert Witness Stephen C. Smith, or expulsions. • Ten years with the U.S. Equal former Chair of the Washington State Bar Association Smyth & Mason, pllc Employment Opportunity Commission. Disciplinary Board, is now have years of experience • Recent graduate of the Seattle accepting referrals for attorney successfully representing University Executive Leadership disciplinary investigations departing partners, expelled Program. and proceedings in partners, and law firms. Operating • More than 25 years’ experience as Washington, Idaho, Hawaii, agreements, divisions of profits, a litigator. and Guam. receivables, case files and clients; redistribution of debt and costs. When faced with a discrimination Hawley Troxell Ennis issue or complex employment & Hawley llp Don’t go it alone. problem, Claire has the experience, 877 Main Street judgment, and impartiality both Suite 1000 Boise, ID 83702 Smyth & Mason, pllc sides seek. 71st Floor, Columbia Center 208-344-6000 [email protected] 701 Fifth Avenue, Seattle, WA 98104 Claire Cordon Tel: 206-621-7100 • Fax: 206-682-3203 Phone: 206-284-7728 www.smythlaw.com [email protected] www.ccordonlaw.com Mediation Mac Archibald Mac has been a trial lawyer in Seattle for over 40 years. He has tried a wide range of cases including maritime, personal injury, construction, products liability, consumer Insurance Bad Faith protection, insurance coverage, Expert Testimony and antitrust law. The Constitution Mac has over 15 years of mediation • Insurance Fair Conduct Act experience. He has mediated over • Coverage Denial and Claim Is Not a Technicality 1,000 cases in the areas of maritime, Handling personal injury, construction, • Reservation of Rights Defense 44 years’ experience defending wrongful death, employment, search & seizure, drug, drug DUI, and commercial litigation. Bill Hight has 30 years of and asset forfeiture cases. experience in insurance coverage/ Available for consultation, Mac has a reputation as not only bad faith litigation. association, or referral for being highly prepared for every state and federal cases. Pretrial mediation, but also for providing as Please visit www.HightLaw.com negotiations through appeals. much follow-up as is necessary to for details of experience and settle a case. credentials. Jeffrey Steinborn, pllc Law Offices of William P. Hight 3161 Elliott Avenue, Suite 340 Edward M. Archibald Email: [email protected] Seattle, WA 98121 Mediation Services Tel: 360-331-4030 206-622-5117 [email protected] 601 Union Street, Suite 4200 www.HightLaw.com www.steinbornlaw.com Seattle, WA 98101 Tel: 206-903-8355 • Fax: 206-903-8358 Email: [email protected] www.archibald-law.com

September 2012 | Washington State Bar News 53 DISCIPLINARY NOTICES

These notices of imposition of disciplinary sanc- without advising the client in writing of the status updates and to file a complaint in a tions and actions are published pursuant to Rule desirability of seeking independent counsel timely fashion. 3.5(d) of the Washington State Supreme Court and/or not obtaining Client A’s informed Rules for Enforcement of Lawyer Conduct, and consent in writing to the essential terms of Mr. Coffman’s conduct violated RPC 1.3, re- pursuant to the February 18, 1995, policy state- the transaction and/or the lawyer’s role in quiring a lawyer to act with reasonable diligence ment of the WSBA Board of Governors. For a the transaction. Due to the lack of promis- and promptness in representing a client; RPC sory note or other form of security, it is not 1.4, requiring a lawyer to communicate with the complete copy of any disciplinary decision, call likely Client A will ever be able to collect on client; RPC 1.4(a)(3), requiring a lawyer to keep the Washington State Disciplinary Board at 206- the debt; the client reasonably informed about the status 733-5926, leaving the case name, and your name • Requested and received a loan from Client of the matter; RPC 1.4(a)(4), requiring a lawyer and address. B in the amount of $10,000; the loan was to promptly comply with reasonable requests for Note: Approximately 30,000 persons are eli- unsecured and for an indeterminate time at information; RPC 1.4(b), requiring a lawyer to ex- gible to practice law in Washington state. Some of no interest; plain a matter to the extent reasonably necessary them share the same or similar names. Bar News • Failed to diligently represent Clients C in to permit the client to make informed decisions strives to include a clarification whenever an at- negotiating a settlement of their tax matters; regarding the representation; RPC 1.5(a), prohib- torney listed in the Disciplinary Notices has the as a result of Mr. Coffman’s neglect, the IRS iting a lawyer from making an agreement for, same name as another WSBA member; however, garnished the Clients’ bank account and the charging, or collecting an unreasonable fee or an all disciplinary notices should be read carefully for Clients had to expend additional money to unreasonable amount for expenses; RPC 1.5(b), names, cities, and bar numbers. hire and pay new counsel to repair the dam- requiring that the scope of the representation age Mr. Coffman had caused; and the basis or rate of the fee and expenses for • Charged an unreasonable fee in Clients C’s which the client will be responsible be commu- tax matter, resulting in Mr. Coffman’s collect- nicated to the client, preferably in writing, before ing $25,901.90 without providing the services or within a reasonable time after commencing Disbarred needed, and failed to properly communicate the representation; RPC 1.8(a), prohibiting a fees and billing practices; lawyer from entering into a business transaction Michael D. Coffman(WSBA No. 28132, admit- • Failed to provide an accounting for the with a client or knowingly acquire an ownership, ted 1998), of Seattle, was disbarred, effective $69,000 Clients C had provided Mr. Coffman possessory, security or other pecuniary interest June 19, 2012, by order of the Washington State to pay their back taxes to the IRS; Mr. Coff- adverse to a client; former RPC 1.14(a), requiring Supreme Court following a default hearing. man represented that he had paid the IRS that all funds of clients paid to a lawyer or law This discipline was based on conduct involving $21,907.27 on behalf of the Clients, when firm be deposited into one or more identifi- failure to maintain complete and/or accurate in fact he had only paid the IRS $11,907.27, able interest-bearing trust accounts; former trust account records and other trust account resulting in Clients C owing more taxes than RPC 1.14(b)(3), requiring a lawyer to maintain violations, misappropriation of funds, conflicts Mr. Coffman represented was owed. Mr. Coff- complete records of all funds, securities, and of interest, lack of diligence, failure to commu- man still owes Clients C $9,815.26, which has other properties of a client coming into the nicate, and engaging in criminal or dishonest not been refunded; possession of the lawyer and render appropriate conduct that reflects disregard for the rule of the • Failed to deposit Clients C’s funds into an accounts to his or her client regarding them; RPC law and demonstrates unfitness to practice law. individual interest-bearing trust account; 1.15A(b), prohibiting a lawyer from converting, Between July 2006 and December 2008, Mr. • Failed to charge Client D a reasonable fee; borrowing, or pledging client or third person Coffman engaged in the following conduct: the fee agreement Client D signed estimated property for the lawyer’s own use; RPC 1.15A(c), that the fees for his case would be $500 requiring a lawyer to hold property of clients and • Failed to maintain complete and accurate with the understanding that any additional third persons separate from the lawyer’s own records of client funds coming into his pos- amount would be paid from any settlement property; RPC 1.15A(c)(1), requiring a lawyer to session; failed to maintain client funds in his he received. Mr. Coffman charged Client D maintain all client funds in a trust account; RPC trust account; and failed to reconcile his trust $11,898.48 and neglected to secure a settle- 1.15A(e), requiring a lawyer to promptly provide account records as required by the Rules; ment for Client D; when Client D refused to a written accounting to a client or third person • Disbursed funds from his trust account to pay, Mr. Coffman sent the bill to a collection after distribution of property or upon request his personal account and used client funds agency; and provide at least annually a written ac- for the benefit of himself or another when he • Failed to provide consistent monthly billings counting for whom the lawyer is holding funds; was not entitled to do so; to Client D and improperly billed for clerical RPC 1.15A(f), requiring a lawyer to promptly • Failed to deliver to a client all the funds that time that was not provided for in the fee pay or deliver to the client or third person the the client was entitled to receive or to provide agreement; property which they are entitled to receive; RPC the client with an accounting showing the • Failed to charge reasonable fees to Clients E 1.15A(h)(2), requiring a lawyer to keep complete actual distribution of the client’s settlement and F; records; RPC 1.15A(h)(3), requiring a lawyer to funds; • Disbursed $30,000 from Client F’s IOLTA give reasonable notice to the client of the intent • Failed to make reasonable efforts to ensure account and converted the funds for his own to withdraw funds, through a billing statement that the conduct of his non-lawyer assistant use; or other document; RPC 1.15A(h)(6), requiring was compatible with Mr. Coffman’s profes- • Failed to provide an accounting to Client F trust account records to be reconciled as often sional obligations; when requested and failed to deposit Client as bank statements are generated or at least • Entered into a business transaction with F’s funds to an individual interest-bearing quarterly; RPC 1.15A(h)(8), prohibiting disburse- Client A on terms that were not fair and account; and ments on behalf of a client or third person from reasonable and/or not in writing and/or • Failed to respond to Client G’s request for exceeding the funds of that person on deposit;

54 Washington State Bar News | September 2012 RPC 1.15A(h)(9), requiring a lawyer admitted to but not limited to Rule 1.15 Funds, that the sale of Client A’s family residence. The partner practice law to be the authorized signatory on client or third person is entitled to receive and, handling Client A’s case directed Ms. Westbrook a trust account; RPC 1.15A(i)(2), requiring that upon request by the client or third person, shall to deposit the proceeds in the Firm’s IOLTA client or third person funds that will produce a promptly render a full accounting regarding the account pending the court’s determination on positive net return be placed in an individual property; PA RPC 1.16(a)(3), requiring a lawyer how the proceeds would be distributed. At the non-IOLTA trust accounts unless the client or to comply with applicable law requiring notice time the Firm received the proceeds, Client third person requests that the funds be depos- to or permission of a tribunal when terminating A did not owe the Firm any attorney fees and ited in an IOLTA account; RPC 1.15B, requiring a representation and, when ordered to do so, to had a credit balance, and Ms. Westbrook had a lawyer to maintain current trust account continue representation notwithstanding good no reason to believe that any of the proceeds records; RPC 1.15B(a)(1), requiring a lawyer to cause for terminating the representation; PA belonged to the Firm. maintain a check register or equivalent for each RPC 1.16(d), requiring a lawyer to take steps to On October 16, 2006, Ms. Westbrook depos- trust account, including entries for all receipts, the extent reasonably practicable to protect a ited the $141,679.03 into the Firm’s operating ac- disbursements, and transfers; RPC 1.15B(a)(2), client’s interest, giving reasonable notice to the count. The next day, Ms. Westbrook transferred requiring a lawyer to maintain individual client client, allowing time for employment of other $110,679.03 of the $141,679.03 in proceeds from ledger records containing either a separate counsel, surrendering papers and property and the Firm’s operating account into the Firm’s page for each client; RPC 1.15B(a)(8), requiring refunding any advance payment of fee or ex- IOLTA account. Ms. Westbrook intentionally a lawyer to maintain copies of all trust account pense that has not been earned or incurred; PA left $31,000 of the proceeds in the Firm’s operat- client ledger reconciliations; RPC 3.2, requiring RPC 3.2, requiring a lawyer to make reasonable ing account because she was concerned about a lawyer to make reasonable efforts to expedite efforts to expedite litigation consistent with the whether the Firm could timely pay her salary litigation consistent with the interests of the interest of the client; PA RPC 8.4(b), prohibiting and/or bonus. Ms. Westbrook delayed paying client; RPC 8.4(b), prohibiting a lawyer from a lawyer from committing a criminal act that the payroll until $31,000 of the proceeds was committing a criminal act that reflects adversely reflects adversely on the lawyers honesty, trust- deposited into the Firm’s operating account. on his honesty, trustworthiness, or fitness as a worthiness, or fitness; PA RPC 8.4(c), prohibiting Ms. Westbrook’s partners were not aware of lawyer in other respects; RPC 8.4(c), prohibit- a lawyer from engaging in conduct involving dis- her concern regarding the Firm’s cash flow. Ms. ing a lawyer from engaging in conduct that is honesty, fraud, deceit, or misrepresentation; PA Westbrook used Client A’s proceeds to pay her prejudicial to the administration of justice; and RPC 8.4(d), prohibiting a lawyer from engaging salary, bonus, and other Firm expenses. RPC 8.4(i), prohibiting a lawyer from committing in conduct that is prejudicial to the administra- On November 1, 2006, Ms. Westbrook any act involving moral turpitude, corruption, or tion of justice; Pa.R.D.E. 219(d)(1)(ii), requiring a transferred $10,000 from the Firm’s operating any unjustified act of assault or other act which lawyer to pay on or before July 1 of each year an account into the Firm’s IOLTA account, which reflects disregard for the rule of law. annual fee with the Attorney Registration Office was intended to represent a portion of the Debra J. Slater represented the Bar Associa- together with a signed form stating the current $31,000 in Client A’s proceeds that was returned. tion. Mr. Coffman represented himself. Amanda residence and office addresses of the attorney; On March 24, 2007, Ms. Westbrook transferred E. Lee was the hearing officer. and Pa.R.D.E. 219(d)(3), requiring a lawyer that $20,000 from the Firm’s operating account to has filed such a form to notify the Attorney its IOLTA account intended to represent the Disbarred Registration Office in writing of any change in remaining portion of Client A’s proceeds, leav- the information previously submitted within 30 ing $1,000 unaccounted for. Ms. Westbrook Kate Lynn (WSBA No. 17398, admitted 1987), days after such change. knowingly concealed the misappropriation of of Mountlake Terrace, was disbarred, effective Joanne S. Abelson represented the Bar As- the proceeds from Client A and the Firm and June 19, 2012, by order of the Washington State sociation. Ms. Lynn represented herself. prepared a client account ledger for Client A that Supreme Court imposing reciprocal discipline intentionally misrepresented that the proceeds following an order of the Supreme Court of Disbarred were deposited into the Firm’s IOLTA account. Pennsylvania. The ledger did not describe any of the transfers For more information, see www.aopc. Ruth Ann Elizabeth Westbrook (WSBA No. from the Firm’s operating account to the Firm’s org/opposting/disciplinaryboard/dboard 27789, admitted 1998), of Everett, was disbarred, IOLTA account as described above. opinions/69db2011-lynn.pdf. effective June 19, 2012, by order of the Wash- At the time of these events, Ms. Westbrook Ms. Lynn’s conduct violated PA RPC 1.3, ington State Supreme Court. This discipline owed back taxes to the IRS. On January 31, requiring a lawyer to act with reasonable was based on conduct involving the crime of 2007, the Firm received an Order of Withhold- diligence and promptness in representing a theft, failure to safeguard client property, and ing to withhold Ms. Westbrook’s earnings to client; PA RPC 1.4(a)(3), requiring a lawyer to dishonest conduct. pay an outstanding student loan obligation of keep the client reasonably informed about the At all relevant times, Ms. Westbrook was an $41,067.55. status of the matter; PA RPC 1.5(b), requiring equal shareholder in the Firm and was in charge During the period from January 17, 2007, to a lawyer that has not represented the client of managing the Firm’s finances. Her duties April 17, 2007, Ms. Westbrook did not deposit regularly to communicate the basis or rate of included managing the Firm’s bank accounts, any of the $6,300 in cash that was received by the fee in writing, before or within reasonable handling the Firm’s cash, paying employee the Firm into the Firm’s operating account or time after commencing the representation; salaries, and paying the Firm’s financial obliga- other bank accounts. Ms. Westbrook concealed PA RPC 1.15(b), requiring a lawyer to hold all tions, including taxes. Ms. Westbrook usually her conversion of the cash by preparing a list of rule 1.15 funds and property separate from the controlled the Firm’s check books. On May 17, retainers and payments received by the Firm lawyer’s own property and it shall be identified 2006, the Firm was hired to represent Client A in to falsely represent that certain cash payments and appropriately safeguarded; PA RPC 1.15(e), a marital dissolution. On or about October 16, were deposited into the Firm’s operating account requiring a lawyer to promptly deliver to the 2006, the Firm received a check in the amount of on certain dates. On April 4, 2007, Ms. Westbrook client or third person any property, including $141,679.03 representing the proceeds from the issued a check for $800 to her then-husband to

September 2012 | Washington State Bar News 55 pay her share of household finances. The check Law Section and WSBA-CLE; 800-945- stub falsely reflected that the check was an “early WSBA or 206-443-WSBA; www.wsbacle. draw” issued to Ms. Westbrook. In fact, the $800 org. check was not an early draw and Ms. Westbrook did not deduct the $800 from any future salary Construction Law or bonus check. The Firm had no knowledge of and had not given authority for the $800 check. From February 2007 through April 15, 2007, 19th Annual Washington the Firm’s partners received a bonus based on 60 Construction Law percent of the income generated by each lawyer; September 13–14 — Seattle and webcast. the remaining 40 percent belonged to the Firm. 12 CLE credits, including 1 ethics. By The Ms. Westbrook’s handwritten records reflect that CLE CALENDAR Seminar Group; 800-574-4852 or 206- she generated $5,750 of income for the Firm from 463-4400; http://theseminargroup.net/ February 2007 through March 31, 2007. Based on CLE seminars are subject to change. seminar.lasso?seminar=12.colwa. the 60 percent bonus formula, Ms. Westbrook Please check with providers to verify was entitled to a bonus of $3,450. Ms. Westbrook Criminal Law issued a bonus check to herself for the amount information. To announce a seminar, of $5,750. Ms. Westbrook intentionally converted please send information to: $2,300 from the Firm. Getting Started in Criminal Defense Unbeknownst to the Firm, during 2006, Ms. WSBA Bar News CLE Calendar September 14 — Seattle. 6.75 CLE credits, Westbrook failed to pay the Firm’s 941 payroll 1325 Fourth Ave., Ste. 600 including .75 ethics. By the Washington taxes. On April 16, 2007, an IRS agent made a field Seattle, WA 98101-2539 Association of Criminal Defense Law- call to the Firm to investigate this matter. On May Fax: 206-727-8319 yers; 206-623-1302; www.wacdl.org. 15, 2007, Ms. Westbrook resigned from the Firm. Email: [email protected] During Ms. Westbrook’s deposition on De- 19th Annual Criminal Justice Institute cember 13, 2010, she falsely testified that she was Information must be received by the September 27–28 — Burien. 15.5 CLE directed to place Client A’s proceeds in the Firm’s first day of the month for placement credits, including up to 1 ethics. By the operating account, that she did not transfer funds in the following month’s calendar. in November 2007, and that there was “never” a WSBA Criminal Law Section and WSBA- time Ms. Westbrook decided to pay herself 100 CLE; 800-945-WSBA or 206-443-WSBA; percent of the bonus money. Ms. Westbrook’s www.wsbacle.org. testimony was made with the intent to benefit herself by concealing her ethical misconduct. Essentials of Handling DUI Cases Ms. Westbrook’s conduct violated RPC Administrative Law October 10 — Seattle and webcast. CLE 1.15A(b), prohibiting a lawyer from converting, credits pending. By WSBA-CLE; 800-945- borrowing, or pledging client or third person Administrative Law WSBA or 206-443-WSBA; www.wsbacle. property for the lawyer’s own use; RPC 8.4(b), October 24 — Seattle and webcast. CLE org. prohibiting a lawyer from committing a criminal credits pending. By WSBA-CLE; 800-945- act that reflects adversely on the lawyer’s honesty, WSBA or 206-443-WSBA; www.wsbacle. Elder Law trustworthiness, or fitness as a lawyer in other respects; and RPC 8.4(c), prohibiting a lawyer org. from engaging in conduct involving dishonesty, Annual Elder Law Conference fraud, deceit, or misrepresentation. Alternative Dispute Resolution September 14 — Seattle and webcast. 6.5 Jonathan H. Burke represented the Bar As- CLE credits, including 1 ethics. By the sociation. Ms. Westbrook represented herself. Basic Collaborative Law Training WSBA Elder Law Section and WSBA- Terence M. Ryan was the hearing officer. September 20–21 — Seattle. 13 CLE cred- CLE; 800-945-WSBA or 206-443-WSBA; its, including 1 ethics. By Seattle Collab- www.wsbacle.org. Non-Disciplinary Notices orative Law Training Group, 206-249- 9145; www.collabtraining.com. Estate Planning Suspended Pursuant to ELC 7.3 Timothy Schoenrock (WSBA No. 40029, admitted 2008), of Yakima, was suspended from the Settlement Conference Mediator 57th Annual Estate Planning Seminar practice of law, effective July 3, 2012, by order of Training November 1–2 — Seattle. CLE credits the Washington State Supreme Court, pending September 25 — Tacoma. 2.75 CLE cred- pending. By the Estate Planning Council the outcome of supplemental proceedings pursu- its, including 1 ethics. By Pierce County of Seattle and WSBA-CLE; 800-945-WSBA ant to ELC 7.3. This is not a disciplinary sanction. Center for Dispute Resolution; www. or 206-443-WSBA; www.wsbacle.org. pccdr.org, 253-572-3657; settlement Suspended Pursuant to ELC 7.2(a)(3) [email protected]. Ethics James R. Watt (WSBA No. 12177, admitted 1981), of Redmond, was suspended effective July 18, Animal Law 14th Annual Ethics, Professionalism, 2012, by order of the Washington State Supreme Court, pending compliance with a request or and Civility subpoena, pursuant to ELC 7.2(a)(3). This is not a Animal Law Section Program September 10 — Seattle and webcast. CLE disciplinary sanction. James R. Watt is to be distin- October 18 — Seattle and webcast. CLE credits pending. By WSBA-CLE; 800-945- guished from James R. Watts, of Portland, Oregon. credits pending. By the WSBA Animal WSBA or 206-443-WSBA; www.wsbacle.org.

56 Washington State Bar News | September 2012 Lincoln on Professionalism Spanish for Lawyers 2012–2013 WSBA or 206-443-WSBA; www.wsbacle. September 27 — Seattle and webcast. September 12 — Seattle. By Seattle Uni- org. 2.75 CLE ethics credits. By WSBA-CLE; versity School of Law with LBAW, El Cen- 800-945-WSBA or 206-443-WSBA; www. tro de la Raza, Schroeter Goldmark & Essentials of Handling DUI Cases wsbacle.org. Bender, Seattle University School of Arts October 10 — Seattle and webcast. CLE and Sciences Modern Language Depart- credits pending. By WSBA-CLE; 800-945- Ethical Dilemmas for the Practicing ment; 206-398-4233; www.law.seattleu. WSBA or 206-443-WSBA; www.wsbacle. Lawyer edu/continuing_legal_education.xml. org. October 17 — Mount Vernon. CLE credits pending. By WSBA-CLE; 800-945-WSBA Mindfulness and Law Conference Understanding and Managing High or 206-443-WSBA; www.wsbacle.org. September 14 — Seattle. 6 CLE credits Conflict Personalities in Legal pending. By Seattle University School Disputes Navigating the Ethical Mine Field — of Law and Washington Contempla- October 22 — Seattle and webcast. CLE How to Stay Out of Trouble with the tive Lawyers; 206-398-4233; www.law. credits pending. By WSBA-CLE; 800-945- Bar seattleu.edu/continuing_legal_educa- WSBA or 206-443-WSBA; www.wsbacle. October 19 — Seattle. By Seattle Universi- tion.xml. org. ty School of Law and the LMBA; 206-398- 4233; www.law.seattleu.edu/continuing_ Legal Writing Government Law legal_education.xml. September 21 — Seattle. By Seattle Uni- versity School of Law; 206-398-4233; The Legislative Process — How It Family Law www.law.seattleu.edu/continuing_legal_ Really Works education.xml. September 11 — Seattle and webcast. Navigating Family Law Issues for Mili- 6.75 CLE credits. By WSBA-CLE; 800-945- Lincoln on Professionalism WSBA or 206-443-WSBA; www.wsbacle. tary Parties September 27 — Seattle and webcast. org. September 5 — Seattle. 1 CLE credit. By 2.75 CLE ethics credits. By WSBA-CLE; McKinley Irvin Family Law Speaker Se- 800-945-WSBA or 206-443-WSBA; www. Immigration Law ries; 206-625-9600; www.mckinleyirvin. wsbacle.org. com/resources/cle. Immigration Law for Non- Latz Negotiation Strategies Immigration Lawyers: Spotting the 4th Annual Domestic Violence September 28 — Seattle and webcast. 6 Issues Symposium: Intersections, Insights, CLE credits, including 1 ethics. By WSBA- September 12 — Seattle and webcast. 6.5 and Interventions CLE; 800-945-WSBA or 206-443-WSBA; CLE credits, including 1 ethics. By WSBA- September 6–7 — Seattle. By Seattle www.wsbacle.org. CLE; 800-945-WSBA or 206-443-WSBA; University School of Law; 206-398-4233; www.wsbacle.org. www.law.seattleu.edu/continuing_legal_ Annual U.S. Supreme Court Watch education.xml. September 28 — Seattle. By Seattle Uni- Intellectual Property versity School of Law; 206-398-4233; General www.law.seattleu.edu/continuing_legal_ Intellectual Property Fundamentals education.xml. for the Business and Transactional Pro-Tem Training Attorney September 7 — Seattle and webcast. 9.25 Juvenile Record Sealing CLE September 21 — Seattle and webcast. CLE credits, including 1.25 ethics. By September 28 — Spokane. 2.5 CLE cred- 6.75 CLE credits, including .75 ethics. By WSBA-CLE; 800-945-WSBA or 206-443- its pending. By Gonzaga School of Law; the WSBA Intellectual Property Section WSBA; www.wsbacle.org. [email protected]. and WSBA-CLE; 800-945-WSBA or 206- edu. 443-WSBA; www.wsbacle.org. 14th Annual Ethics, Professionalism, and Civility Less Risky Business: Proactive Inland Empire Intellectual Property September 10 — Seattle and webcast. Malpractice Risk-Reduction Institute CLE credits pending. By WSBA-CLE; Techniques October 12 — Spokane. CLE credits pend- 800-945-WSBA or 206-443-WSBA; www. October 5 — Seattle and webcast. 6 CLE ing. By the WSBA Intellectual Property wsbacle.org. credits. By WSBA-CLE; 800-945-WSBA or Section and WSBA-CLE; 800-945-WSBA 206-443-WSBA; www.wsbacle.org. or 206-443-WSBA; www.wsbacle.org. The Legislative Process — How It Really Works Title IX at 40: The Past, Present, Litigation September 11 — Seattle and webcast. and Promise of Gender Equity in 6.75 CLE credits. By WSBA-CLE; 800-945- Education Bob Dawson’s Trial Workshop WSBA or 206-443-WSBA; www.wsbacle. October 9 — Seattle and webcast. CLE September 5–8 — Alderbrook Resort, org. credits pending. By WSBA-CLE; 800-945- Union. By Washington State Association

September 2012 | Washington State Bar News 57 for Justice Legal Educational Seminars; wsbacle.org. Lincoln on Professionalism 206-464-1011; www.washingtonjustice. September 27 — Seattle and webcast. org. The Legislative Process— How It 2.75 CLE ethics. By WSBA-CLE; 800-945- Really Works WSBA or 206-443-WSBA; www.wsbacle. Motion Practice September 11 — Seattle and webcast. org. September 19 — Seattle and webcast. 6.75 CLE credits. By WSBA-CLE; 800-945- CLE credits pending. By WSBA-CLE; WSBA or 206-443-WSBA; www.wsbacle. Latz Negotiation Strategies 800-945-WSBA or 206-443-WSBA; www. org. September 28 — Seattle and webcast. 6 wsbacle.org. CLE credits, including 1 ethics. By WSBA- Immigration Law for Non- CLE; 800-945-WSBA or 206-443-WSBA; Moderated Video Replay — Immigration Lawyers: Spotting the www.wsbacle.org. Washington Civil Procedure: Let’s Do Issues it Right! September 12 — Seattle and webcast. 6.5 Less Risky Business: Proactive September 25 — Friday Harbor. 6.75 CLE CLE credits, including 1 ethics. By WSBA- Malpractice Risk-Reduction credits, including 2 ethics. By WSBA-CLE; CLE; 800-945-WSBA or 206-443-WSBA; Techniques 800-945-WSBA or 206-443-WSBA; www. www.wsbacle.org. October 5 — Seattle and webcast. 6 CLE wsbacle.org. credits. By WSBA-CLE; 800-945-WSBA or Administrative Law 206-443-WSBA; www.wsbacle.org. The Persuasive Trial Attorney September 13 — Seattle and webcast. October 19 — Seattle and webcast. CLE CLE credits pending. By the WSBA Ad- Title IX at 40: The Past, Present, credits pending. By WSBA-CLE; 800-945- ministrative Law Section and WSBA- and Promise of Gender Equity in WSBA or 206-443-WSBA; www.wsbacle. CLE; 800-945-WSBA or 206-443-WSBA; Education org. www.wsbacle.org. October 9 — Seattle and webcast. CLE credits pending. By WSBA-CLE; 800-945- Real Estate Law 19th Annual Washington WSBA or 206-443-WSBA; www.wsbacle. Construction Law org. Real Estate Investment Structures September 13–14 — Seattle and webcast. September 12 — Seattle. 5.5 CLE credits. 12 CLE credits, including 1 ethics. By The Essentials of Handling DUI Cases By The Seminar Group; 800-574-4852 or Seminar Group; 800-574-4852 or 206- October 10 — Seattle and webcast. CLE 206-463-4400; http://theseminargroup. 463-4400; http://theseminargroup.net/ credits pending. By WSBA-CLE; 800-945- net/seminar.lasso?seminar=12.reigwa. seminar.lasso?seminar=12.colwa. WSBA or 206-443-WSBA; www.wsbacle. org. Law of Adjoining Properties Annual Elder Law Conference September 20 — Seattle and webcast. September 14 — Seattle and webcast. 6.5 Animal Law Section Program 6.5 CLE credits, including .5 ethics. By CLE credits, including 1 ethics. By the October 18 — Seattle and webcast. CLE WSBA-CLE; 800-945-WSBA or 206-443- WSBA Elder Law Section and WSBA- credits pending. By the WSBA Animal WSBA; www.wsbacle.org. CLE; 800-945-WSBA or 206-443-WSBA; Law Section and WSBA-CLE; 800-945- www.wsbacle.org. WSBA or 206-443-WSBA; www.wsbacle. Solo Practice org. Motion Practice How to Hang Your Own Shingle September 19 — Seattle and webcast. The Persuasive Trial Attorney October 12 — Seattle. By Seattle Univer- CLE credits pending. By WSBA-CLE; October 19 — Seattle and webcast. CLE sity School of Law; 206-398-4233; www. 800-945-WSBA or 206-443-WSBA; www. credits pending. By WSBA-CLE; 800-945- law.seattleu.edu/continuing_legal_ wsbacle.org. WSBA or 206-443-WSBA; www.wsbacle. education.xml. org. Law of Adjoining Properties Webcast Seminars September 20 — Seattle and webcast. Understanding and Managing High 6.5 CLE credits, including .5 ethics. By Conflict Personalities in Legal Pro-Tem Training WSBA-CLE; 800-945-WSBA or 206-443- Disputes September 7 — Seattle and webcast. 9.25 WSBA; www.wsbacle.org. October 22 — Seattle and webcast. CLE CLE credits, including 1.25 ethics. By credits pending. By WSBA-CLE; 800-945- WSBA-CLE; 800-945-WSBA or 206-443- Intellectual Property Fundamentals WSBA or 206-443-WSBA; www.wsbacle. WSBA; www.wsbacle.org. for the Business and Transactional org. Attorney 14th Annual Ethics, Professionalism, September 21 — Seattle and webcast. Administrative Law and Civility 6.75 CLE credits, including .75 ethics. By October 24 — Seattle and webcast. CLE September 10 — Seattle and webcast. the WSBA Intellectual Property Section credits pending. By WSBA-CLE; 800-945- CLE credits pending. By WSBA-CLE; and WSBA-CLE; 800-945-WSBA or 206- WSBA or 206-443-WSBA; www.wsbacle. 800-945-WSBA or 206-443-WSBA; www. 443-WSBA; www.wsbacle.org. org.

58 Washington State Bar News | September 2012 on behalf of its corporate clients and in- group of motivated, hard-working profes- dividuals. For confidential consideration, sionals. We believe that responsiveness send résumé and cover letter to mmc@ and high-quality work results in both sat- smithalling.com. isfied clients and a prosperous organization. Compensation is negotiable based Smith Freed & Eberhard is a litigation law upon qualifications and experience. All firm focused on providing excellent service inquires will remain confidential. If inter- to our clients. We are currently seeking a ested, please send résumé and cover letter lateral insurance defense partner with an to: Chris Achman, Administrator, Ahlers established practice in Seattle. Successful & Cressman PLLC, 999 Third Ave., Ste. CLASSIFIEDS candidates will have portable business, ex- 3800, Seattle, WA 98104-4088; Fax: 206- cellent credentials, substantial experience, 287-9902; website: www.ac-lawyers.com; and a good reputation in the legal commu- email: [email protected]. nity. Candidates must also have the desire Reply to WSBA Bar News to market and develop their current prac- Smith Freed & Eberhard is a litigation law Box Numbers at: tice and the willingness to be a part of a col- firm focused on providing excellent service legial work environment. Please email your to our clients. We are currently seeking a WSBA Bar News Blind Box # ______résumé and cover letter, including salary civil litigation attorney with at least four Bar News Classifieds 1325 Fourth Ave., Ste. 600 requirements, in confidence to the manag- years’ experience to join our Seattle office. Seattle, WA 98101-2539 ing partner, Jeff Eberhard, at jeberhard@ Successful candidates must possess ex- smithfreed.com. We offer a competitive cellent client service skills, including the Positions available can also be salary and benefits. ability to create long-lasting relationships, found online on the WSBA Career in addition to possessing outstanding re- Center at http://jobs.wsba.org. Smith Alling, P.S. seeks an associate at- search, writing, and analytical skills. Please torney to join the firm’s sophisticated and email your résumé and cover letter, includ- diverse business, estate planning, real es- ing salary requirements, in confidence to tate, construction, and litigation practice Leslie Rush at [email protected]. We of- at its office in Tacoma. Successful candi- fer a competitive salary and benefits. dates must have an active Washington Positions Available State Bar Association license, excellent MacColl Busch Sato, P.C., a workers’ com- legal research and writing skills, and at pensation firm in Lake Oswego, Oregon, least two years of legal experience. For seeks an associate attorney with at least The WSBA is pleased to announce confidential consideration, please email three years’ experience in handling work- a new Career Center on the WSBA your résumé and cover letter to info@ ers’ compensation and/or litigation mat- smithalling.com. ters in Washington and Oregon. We value website — explore this valuable and reward employees who can work inde- new resource at http://jobs.wsba. Litigation contract lawyer/associate pendently and are committed to our grow- org. Employers with positions position — Well-respected law firm seeks ing business. Please apply online with résu- available who are interested in a lawyer with a minimum of five years’ ex- mé, cover letter, writing sample, and salary posting the job online (or who perience to support a fast-paced, dynamic requirements; or submit by email to Sharon would like to post the job online and commercial and tort litigation practice. Burk at [email protected]. also publish it in Bar News), please Initial contract lawyer position with a pos- go to http://jobs.wsba.org. sibility for full-time position depending Smith Freed & Eberhard is seeking to upon performance and needs. High-qual- add an attorney with at least one year of ity research and writing skills and broad- personal injury litigation experience. Can- based litigation experience desired. Excel- didates must have the desire and drive Lateral partner: Smith Alling, P.S. seeks lent academic and professional credentials to build a reputation as one of the best a lateral partner to join the firm’s so- required. Send your cover letter, résumé, litigation attorneys in the northwest. This phisticated and diverse business, estate writing sample, and references to employ- position requires an individual to display planning, real estate, construction, and [email protected]. Please, no a professional, outgoing, motivated, and litigation practice at its office in Tacoma. telephone or recruiter inquiries. determined demeanor. They will be join- Successful candidates will have portable ing our team of elite litigators at the firm’s business, excellent credentials, at least 10 Career opportunity: Ahlers & Cress- downtown Seattle office. This candidate years’ experience, a good reputation in the man PLLC, an 11-member construction will have the opportunity to gain the skills legal community, and, most importantly, law firm located in downtown Seattle, is needed to become a top-notch attorney in a willingness to be part of a collegial work seeking a lawyer with at least four years of the northwest legal community through environment. Smith Alling, P.S. is widely experience to participate in all aspects of developing expertise in taking depositions, recognized throughout the Pacific North- construction law, both transactional and writing motions, making court appear- west for the superior legal work it performs dispute resolution services. Our firm is a ances, working directly with clients, and

September 2012 | Washington State Bar News 59 supervising legal staff. Excellent academic Asbestos defense litigation attorney of view any candidates who are currently em- credentials — top 1/3 of class is a require- counsel: Pacific Law Recruiters is under- ployed, to protect job security. ment, and strong writing and researching taking a search for a seasoned attorney to skills are required. If you are hard-working, direct the asbestos defense litigation prac- Services have great people skills, and are looking to tice of a premier Seattle law firm, in an of work in a supportive yet challenging envi- counsel role. A minimum of five years of Virtual Independent Paralegals, LLC ronment, please contact us. We are look- comparable litigation experience and a provides comprehensive 24/7/365 litiga- ing for candidates that want to be known pledge to build upon a practice emphasiz- tion support with expertise in: medical re- as one of the best litigators in the North- ing the defense of asbestos-related claims cord summaries, document review, redac- west. If you believe this is you, please sub- (including all depositions, motions, and re- tion projects, and deposition digests. We mit your résumé, law school transcripts, lated casework) is required. A competitive hit the ground running, providing highest and anything else that demonstrates compensation and comprehensive benefits quality results at unbeatable rates. Locally you are the right person for this position package is provided. Candidates interested owned, nationally known, virtually every- to Jessica Wilson; 503-227-2424; jwilson@ in overseeing and fostering a specialized where! VIP, we’re here when you need us, smithfreed.com. practice within a firm of exemplary repu- just a phone call or email away! 206-842- tation are encouraged to email a confiden- 4613; www.viphelpme.com. Pacific Law Recruiters is actively search- tial résumé and cover letter for immediate ing for associate-level attorneys with a consideration to Greg Wagner, Principal, Forensic document examiner: Retired minimum of one year of experience. Prac- at: [email protected]. Visit our from the Eugene Police Department. tical knowledge of patent litigation, real website: www.pacificlawjobs.com. Trained by the U.S. Secret Service and the estate financing and tax exemption, patent U.S. Postal Inspection Service. Court-quali- prosecution, general and complex com- Smyth & Mason PLLC, an established fied in state and federal courts. Contact Jim mercial litigation, business/transactional, Seattle commercial law firm, seeks a full- Green at 888-485-0832. labor and employment, and general tax time legal assistant/ paralegal with de- law; generates immediate consideration, monstrable energy and experience. The Long-term care specialist — WSBA provided candidates also possess superior practice is busy and unfortunately cannot member, licensed as independent long- writing skills, excellent interpersonal attri- engage in training. The bulk of the practice term care insurance producer. Can provide butes, and exemplary academic credentials is commercial litigation and trial practice, insurance solutions for your estate plan- from a quality educational institution. Cur- making the job highly deadline-driven. The ning, dissolution, and business clients. rent or recent experience in a leading law firm atmosphere is congenial, but profes- Individuals, employee benefit plans, spon- firm or major business organization is also sional. Looking for a self-starter who is not sored groups. Contact Helen Boyer, 425- necessary. Qualified candidates interested hesitant to exercise independent judgment 557-5372; [email protected]; or visit in exploring new opportunities with some and to accept the results of that decision www.helenboyer.ltcfp.com. of the finest law firms in the Northwest are making. The “Radar O’Reilly” character encouraged to forward a confidential résu- (“M*A*S*H”) is our perfect candidate. Psychologist: impact assessment, de- mé and cover letter to Greg Wagner, princi- All applicants should have several years termination of disability and/or employ- pal, at [email protected]. Visit our of commercial litigation experience and ability, rehabilitation planning or earning website: www.pacificlawjobs.com. excellent references. We will discreetly re- capacity analysis, and so on. Decades of experience in family and employment, immigration and asylum, elder and disability, Visit the new WSBA Career Center! and injury and civil rights law. Appreciated by judges. Never impeached. Work samples for serious engagement inquiries. Dr. Diane W. DeWitt is Board Certified with 1,035 as- sessments; 89 trials; 455 hours of deposition/trial testimony. 425-867-1500; www. VocPsy.com.

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60 Washington State Bar News | September 2012 tions, depositions, hearings, trial prepara- more. Please contact 509-337-6631 or email perience with family law. I have successful- tion, appeals. 24 years’ experience. Lynne [email protected]. ly won cases in the Ninth Circuit and have Wilson; 206-328-0224; lynnewilsonatty@ published opinions. Contact me at 253- gmail.com. Nationwide corporate filings and 344-9231 or [email protected]. registered agent service. Headquar- Clinical psychologist — competent fo- tered in Washington state. Online ac- Space Available rensic evaluation of individuals in per- count to easily manage 1–1,000 of sonal injury, medical malpractice, and di- your clients’ needs. www.northwest Available in the heart of Seattle’s busi- vorce cases. Contact Seattle office of Gary registeredagent.com; 509-768-2249; ness district (4th Ave. and Union St.) lo- Grenell, Ph.D., 206-328-0262 or mail@ sales@northwestregisteredagent.com. cated in a historic art deco landmark is an garygrenell.com. office available for $975/month and para- Dependable private investigators: LINK legal workspace for $300/month. Included Experienced contract attorney: 18 years’ Investigators assist attorneys by locating are reception (your phone line), shared experience in civil/criminal litigation, witnesses, taking statements, and gather- kitchen, and conference room. Please con- including jury trials, arbitrations, media- ing evidence of a fraudulent or exagger- tact Geoff if interested, 206-284-2932. tions, and appeals. Former shareholder ated claim. We are familiar with court- in boutique litigation firm. Can do any- room procedures, rules of evidence, and Downtown Seattle executive office thing litigation-related. Excellent research the law. Competitive pricing. 425-213-9456; space: Full- and part-time offices on the and writing skills, reasonable rates. Peter www.linkprivateinvestigation.com. 32nd floor of the 1001 Fourth Avenue Fabish, [email protected], 206-545-4818. Plaza Building with short- and long-term Compensation expert witness and con- lease options. Close to courts and library. Insurance — lawyers’ professional li- sultant: 25 years of experience executive Conference rooms and office support ser- ability, general liability, and bonds. Inde- and employee compensation, including vices available. $175 and up. Serving the pendent agent, multiple carriers, 17-plus reasonableness of compensation, loss of greater Seattle area for over 30 years. Con- years’ experience. Contact Shannon O’Dell, earnings, federal and state tax challenges, tact Business Service Center at 206-624- First Choice Insurance Services, 509-638- change-in-control provisions (golden para- 9188 or www.bsc-seattle.com for more 2558; 1-888-894-1858; www.fcins.biz. chutes), interpretation of employment and information. compensation agreements, and opposing Appraiser of antiques, fine art, and experts’ methodologies. Excellent refer- Downtown Seattle executive suites — household possessions. James Kemp- ences. 206-780-5547, fred@compensation- Fantastic location just off I-5 across the Slaughter ASA, FRSA, with 33 years’ expe- venturegroup.com. street from REI. Easy access for you and rience in Seattle for estates, divorce, insur- your clients! On-site services include mail ance, and donations. For details, see http:// Contract lawyer available: Former attor- sorting, conference room, business class jameskempslaughter.com; 206-285-5711 or ney with Bogle & Gates, practicing state Internet/phones, on-site parking, produc- [email protected]. and federal criminal and civil litigation tion-quality printer/scanner/copier. Great needs: appellate and trial work. Motions, rates! Call 888-878-2925 or email chloe@ I buy homes and condos. Honest and discovery, depositions, hearings, briefs, ex- inclinemgt.com. reliable. Refer your clients with confidence. Clancy Tipton, J.D., Real Estate Bro- ker. 206-947-7514; [email protected]. To Place a Classified Ad Experienced contract attorney with strong research and writing skills drafts Rates: WSBA members: $40/first 25 words; $0.50 each additional word. Non-members: trial and appellate briefs, motions, and re- $50/first 25 words; $1 each additional word. Blind-box number service: $12 (responses search memos for other lawyers. Resources will be forwarded). Advance payment required; we regret that we are unable to bill for include University of Washington Law classified ads. Payment may be made by check (payable to WSBA), American Express, Library and LEXIS online. Elizabeth Dash MasterCard, or Visa. Bottman, WSBA #11791. 206-526-5777; Note: These rates are for advertising in Bar News only. To place a position-available ad [email protected]. on the WSBA website, see http://jobs.wsba.org. Pricing can be found online.

Columbia and Walla Walla counties Deadline: Text and payment must be received (not postmarked) by the first day legal notices: The Times, a 135-year-old of each month for the issue following, e.g., October 1 for the November issue. No weekly newspaper based in Waitsburg, WA, cancellations after the deadline. Mail to: WSBA Bar News Classifieds, 1325 Fourth Ave., was recently adjudicated as a newspaper Ste. 600, Seattle, WA 98101-2539. of record in the county of Columbia and Qualifying experience for positions available: State and federal law allow minimum, offers affordable insertion rates for legal but prohibit maximum, qualifying experience. No ranges (e.g., “5–10 years”). Ads may notices there. It has also long served Walla be edited for spelling, grammar, and consistency of formatting. If you have questions, Walla County and offers competitive rates please call 206-727-8262 or email [email protected]. for notices to creditors, trustees’ sales, and

September 2012 | Washington State Bar News 61 Turn-key — new offices available for im- professional staff will receive your mail, mediate occupancy and use in downtown greet your clients, answer your calls, book Opening your Seattle, expansive view from 47th floor of a meeting in one of our conference rooms, law office is the Columbia Center. Office facilities in- etc. We also offer virtual office options for cluded in rent (reception, kitchen, and con- those who don’t need to be in the office exciting . . . but ference rooms). Other administrative sup- daily. Two months’ free rent for all new port available if needed. DSL/VPN access, clients. In addition, we have space in Red- don’t know collegial environment. Please call Amy, mond and Carillon Point (Kirkland). Call Badgley Mullins Law Group, 206-621-6566. or email Hailey; 206-370-2871 or hailey. where to begin? [email protected]. Close to downtown Bellevue with beau- tiful forested atmosphere on 112th Ave. Premium downtown Seattle office N.E. Upscale professional outside offices, space: Sublease office space with 18-at- reception services, shared library, staff torney firm available on 41st floor of Bank work stations, kitchen, and conference of America 5th Ave Plaza. Four exterior room. Newly and tastefully upgraded dé- view offices from 194 to 140 square feet cor. Collegial atmosphere. Ample client available for immediate occupancy. In- parking and reserved covered parking in- terior paralegal workspace is also avail- cluded. Competitive rates. 425-462-5151. able. Rent includes reception services, conference rooms, kitchen, library, fax/ Tacoma law office space available — scanner, and Internet. Competitive rates one block from the Superior Court. $1,200 and collegial environment. Contact Mike rent includes a congenial atmosphere, of- Walter or Steve Thorsrud, Keating, Buck- fice with a separate furnished secretarial lin, & McCormack, Inc., P.S. 206-623-8861; area, receptionist, waiting area, confer- [email protected] or sthorsrud@ ence rooms, library, kitchen/lunch room, kbmlawyers.com. fax, local telephone services, and ample parking. For more information, contact Belltown (Seattle) office space:Approxi - Terry McCarthy at 253-272-2206. mately 3,539 square feet of office space available on 6th floor of Denny Building at Federal Way: Office space for two at- Sixth Avenue and Blanchard Sttreet. Two- torneys in newly remodeled building in year sublease available at $20 PSF/Yr. fully Federal Way professional district near serviced. Private entry, nine private offices You went to law school to practice law Celebration Park. Rent includes use of on window line, two internal offices, and — not run a business. But running a conference room, Internet, fax, copier, ten work stations. T-1 line to space, furni- business is exactly what you will need utilities, kitchen, and parking. Secretary/ ture included, shared conference room and to do as a solo practitioner! work stations also available. Lease terms kitchen, and parking available in building negotiable. Call 206-399-2046. garage. Contact Vanessa, Gardner Trabolsi The WSBA Law Office Management & Associates PLLC; 206-256-6309. Assistance Program (LOMAP) is here to Office space available at Bank of Amer- assist you with laying the foundation ica Plaza and Columbia Tower. We are Downtown Seattle spacious corner of- for your new practice — setting goals, located in the heart of Seattle, two blocks fice plus staff space, top floor IBM Building obtaining business licenses, obtaining services, obtaining technology from the courthouse. Fully furnished pri- in office suite with established family law resources, learning software, and vate offices or small suites, perfect for the and elder law firms. View Mt. Rainier and setting up workflow systems. solo attorney or small law firms. We offer Puget Sound. Phone, full reception, shared professional receptionists to handle your conference rooms, kitchen, high-speed LOMAP is a resource for all WSBA calls, conference rooms, and videoconfer- copier/scanner, Internet access and wire- members, offering low-cost and encing available to book by the hour or by less connection. Contact Laura at 206-340- confidential professional assistance. the day. Two months’ free rent for all new 2200 or [email protected]. clients. We also have space in Belltown and Lake Union. Call or email Hailey; 206- Office space for sublease in Galland 206-727-8237 370-2871 or [email protected]. Building in downtown Seattle. Ide- 800-945-9722, ext. 8237 ally suited for solo practitioner or small www.lomap.org Bellevue office space availablein the group. Reception, copier, phone, coffee heart of downtown at Key Center, Sky- station, some furniture available. Month- Law Office Management line, and Bellevue Place. We have imme- to-month lease, with separate parking WSBA Assistance Program diate occupancy available in three of the available in building provided by Dia- finest Bellevue buildings. Our offices are mond Parking. Interested parties, please Washington State Bar Association completely furnished, move-in ready. Our contact 206-470-7612.

62 Washington State Bar News | September 2012 If you would like to be featured in BrieflyA bout Me or know someone you would like your fellow lawyers to get Briefly About Me to know, visit www.wsba.org/barnews.

James R. Murray WSBA No. 25268

 I became a lawyer because my parents were farmers,  What keeps me awake at night: Trial deadlines and my and I realized early on that that was way too much work. kids’ tests.  The future of the practice of law (in the private sector)  Technology is only the medium; the message communi- is navigating the balance between operating a law firm as a cated is still a human thought or emotion. business when our craft is, at its core, a profession.  Currently playing on my iPod/CD player/record  One of the greatest challenges in law today is get- player: John Prine, The Pogues, and Sam Baker. ting young lawyers real-world experience, especially in the  If I could live anywhere, I would jump between Washing- courtroom. ton, D.C., Missoula, London, Seattle, New York City, Maui,  If I were not practicing law, I would be in trouble be- and La Jolla. cause this is what I enjoy and can do well. If the question is “what would I rather be doing if I were good enough at it?” Acting and songwriting.  If I could change one thing about the law, it would be: I would require 12-month “filing- to-trial” schedules in all American courts.  This is the best advice I have been given: “Always eat a good breakfast.” Given to me by Sig Olson, an eastern Montana farmer, when I was 14 and on the verge of fainting mid-morning from pouring cement.  Traits I admire in other attorneys: A sincere sense of humor and comfort in one’s own skin.  I would give this advice to a first-year law student: Learn to write clearly and crisply — if you write well, you will likely succeed in the practice of law.  This is the hardest part of my job: Helping lead one  Someone whose opinion matters to me: My wife. of the largest national insurance coverage groups in three different offices on two coasts.  People living or from the past I would like to invite to a dinner party: Bob Dylan and my Dad.  This is the best part of my job: Helping lead one of the largest national insurance coverage groups in three differ-  I am most proud of this: My son’s empathy and my ent offices on two coasts. daughter’s drive.  My favorite vacation place: Anguilla. My name is Jim Murray. I am the deputy leader of the In-  I am most happy when I am in the middle of a successful surance Coverage Practice at Dickstein Shapiro LLP in cross-examination and have one more killer document to go. Washington, D.C. We exclusively represent policyholders in insurance coverage litigation and have assisted clients in Best stress reliever:  Macallans 18 with a Montecristo 2. collecting more than five billion dollars in insurance pro-  Books I would recommend reading: In the Hands of ceeds in the last five years alone. We have an active prac- the People: The Trial Jury’s Origins, Triumphs, Troubles, and tice in almost every jurisdiction, including the Northwest Future in American Democracy, by William Dwyer, and The and Seattle. Contact me at 202-420-3409 or 206-240-4695 Human Stain, by Philip Roth. and [email protected].

September 2012 | Washington State Bar News 63 the bar [ Beat Michael Heatherly Editor On the Banks of the Muddy Wolf ’m standing on the east River. The reason involves a book I read a of a passing tugboat, and disappeared. Sev- decade ago called Dream Brother: The Lives eral days later, someone found his body up Ibank of the Wolf River and Music of Jeff and Tim Buckley. Tim Buck- against a riverboat, just offshore of Mud Is- in Memphis, Tennessee. ley was a songwriter, musician, and extraor- land. He was not intoxicated, and there was dinary vocalist who began as a folk singer in no indication he was suicidal. Nevertheless, I’ve just arrived in town the 1960s and evolved into an experimental- like his father, he checked out early. The al- ist who blended folk, rock, and jazz. Though bum he had been working on was released to visit my daughter, but too far ahead of his time to have been highly posthumously in 1998. It’s called Sketches for I have some time to kill before we meet up. successful commercially, he is now revered by My Sweetheart the Drunk, which might be my It’s 90-some degrees and muggy like we generations of musicians influenced by him. favorite album title of all time. never get in the Northwest. The portion of On June 29, 1975, at age 28, he died in tragical- The thing is, I’m not particularly a Jeff the Wolf in front of me is a slack water chan- ly cliché rock star fashion, overdosing on opi- Buckley fan. I appreciate his talent and nel used to load barges and riverboats before ates and alcohol in Santa Monica, California. listen to his version of Hallelujah, well, re- they enter the Mississippi, which the Wolf ligiously. But it’s really joins about a half mile downriver. To my right the bittersweet story is a 100-year-old brick and wood industrial of his and his father’s building belonging to the American Snuff Co. parallel lives that fasci- My daughter will later point out that what- nates me. I just wanted ever one might think of snuff, a lot of people to get a feel for this in this part of the country still proudly work place, an unmarked his- in factories and produce tangible products, torical site ignored by a concept that seems nearly obsolete in our the legions of Elvis fans high-tech urban centers on the West Coast. streaming into Mem- Between the Wolf River and the Mis- phis daily to worship at sissippi is Mud Island, which is actually a Graceland. peninsula and home to upscale planned de- It is now about 30 velopments, a museum, and a riverside am- hours after my visit to phitheater. The city of Memphis arose from Wolf River. My daugh- ERLY H E ATH MI C HA EL O BY this area, where Chickasaw, French, Spanish, ter and I are at the Mud and American communities converged. Lat- PH O T Island Amphitheater er would come another confluence, a musi- The Wolf River, looking south. Downtown Memphis is at left, Mud enjoying a concert by cal one, with the jazz and blues migrating up Island is at right. The Wolf joins the Mississippi just beyond the bridge. Norah Jones. Although Highway 61 from New Orleans and the Mis- Jeff Buckley was Tim’s son. And though Norah is just 33, musically she has an old sissippi Delta to meld with the bluegrass and they spent only nine years together, their soul. Perhaps like Jeff Buckley, she inherited country music that descended from the hills lives and careers traced eerily similar paths. years of musical experience from her father, of Kentucky and eastern Tennessee, making Having inherited his father’s diverse musi- Ravi Shankar, the great Indian sitar player Memphis the cradle of civilization for Ameri- cal talents, in the 1990s Jeff blossomed as who famously hung out with the Beatles and can roots music. a songwriter, musician, and astonishing influenced their sound, introducing elements I’m surrounded by more recent history vocalist. His recording of Leonard Cohen’s of Eastern music to young European and as well. On April 4, 1968, Martin Luther King “Hallelujah” is considered one of the finest American listeners. Jr. was gunned down by James Earl Ray at vocal performances in popular music. Grace, As mosquitoes and nighthawks flit over the Lorraine Motel, 2.9 miles from where I’m his one and only album released during his our heads in the still heavy air, I decide that I standing. On August 16, 1977, Elvis Presley died lifetime, is acclaimed by critics and fellow believe in the idea that cities as well as people on a bathroom floor at Graceland, 10.7 miles musicians. David Bowie once said that if have souls. Memphis certainly does. When from here. On a more positive note, in the early he were stranded on an island and could Norah Jones sings a song in Memphis, she is months of 1972 Al Green recorded the tracks have only one album to listen to, it would be getting backup, whether she knows it or not, for the marvelous I’m Still in Love with You al- Grace. Like many musicians, Jeff was drawn from Elvis and Otis Redding, Muddy Waters bum at Royal Studios, which still operates out to Memphis, where he continued work on a and Howlin’ Wolf — and from Jeff Buckley, of a nondescript brick building 7.3 miles to the second album. who lost his life beneath our feet, but whose south. Rev. Al also continues to operate, both On May 29, 1997, probably a glorious soul rolls on like the mighty Mississippi. as a singer and as pastor of the Full Gospel Tab- spring day like today, from right about ernacle church, 12.3 miles away. where I’m standing, 30-year-old Jeff Buckley Bar News Editor Michael Heatherly practices But none of that explains why I’m stand- plunged into the Wolf River for a spur-of- in Bellingham. He can be reached at 360-312- ing on this particular spot along the Wolf the-moment swim, got caught in the wake 5156 or [email protected].

64 Washington State Bar News | September 2012 Introducing an easy way to help you plan for the worst, while hoping for the best.

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September 2012 | Washington State Bar News C Vol. 66, N o. 9, September 2012

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D Washington State Bar News | September 2012