Lawyerpalooza 2014
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September/October 2014 | VOLUME 4 TACOMA-PIERCE COUNTY BAR ASSOCIATION PIERCE COUNTY LAWYER Lawyerpalooza 2014 food • games • music more on page 36 family • dancing • fun CONNELLY LAW OFFICES Offices located in Tacoma & Seattle, WA | (253) 593-5100 | (206) 816-3002 | www.connelly-law.com J. Connelly L. Beauregard M. LeBank N. Roberts A. Price J. Kays A. Searle 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 Smith Tower 33rd Floor, Seattle Office Historic Old Town Tacoma Office The Pierce County Lawyer is published 6 times per year as a service to the membership of the CONTENTS Tacoma-Pierce County Bar Association 2014 BOARD OF TRUSTEES FEATURES DEPARTMENTS Dawn Farina, President John R. Christensen, Vice President 9 4 Matthew H. Thomas, Secretary-Treasurer The Ethics of Leaving Early President’s Page Stephanie Bloomfield, Immediate Past President by Pierce County Lawyer Ethics Editor by Dawn Farina Russell Knight, President, Young Lawyers Section Sophia Palmer, Family Law Section Liaison 12 7 Steven Merrival, Trustee Letters to the Editor Getting Ready for the L. Clay Selby, Trustee Fall Workload Heidi Ann Wachter, Trustee 17 by Commissioner Diana Kiesel T. Diane Clarkson, Trustee Crystal Judson Family Justice Dwayne L. Christopher, Trustee Center by Susan Adams 8 Wendy E. Zicht, Trustee Briefly... *Presiding Judge Ronald E. Culpepper, A Word from the *Judge Thomas J. Felnagle, *Judge Stephanie A. Arend, *Commissioner Diana L. Kiesel, 18 Executive Director Judicial Liaisons - Pierce County Superior Court The Ad Hoc Facility by Kit Kasner by Chrystina Solum and Elizabeth *Presiding Judge Margaret Vail Ross, Judicial Liaison - Pierce County District Court Calora *Presiding Judge Elizabeth E. Verhey, Judicial Liaison - Tacoma Municipal Court 10 *Harry S. Steinmetz, Criminal Law Section Liaison Editorial 20 *Maureen C. Goodman, Criminal Law Section Liaison Federal Court Spotlight Time to Update Your Legalese by Paula Olson *Shelly Andrew, WA Women Lawyers Liaison by Stephanie Bloomfield *Sarah L. Lee, Minority Bar Association Liaison *Vernon W. Harkins, WSBA, Governor 6th District Liaison 23 13 (*non-voting member) Pierce County District Court In the News Receives National Recognition PIERCE COUNTY LAWYER COMMITTEE by Judge Margaret Ross 14 Dawn Farina, Editor Technology George S. Kelley, Committee Chair 24 Just Me and My Tablet David C. Snell, Antoni H. Froehling, Tom Oldfield Annual Golf Tournament by Clayton Dickinson Paula T. Olson, Mark Lindquist, Michael H. Scholl by Michael B. Smith Salvador A. Mungia, Robert Dickson 27 Scott Candoo, Laura Carlsen, Kevin Hastings 26 Ron’s Rules Part IV Joshua Lane, Linda Ramirez, David Smith, Jamie Walker 2014 Human Rights Champion by Judge Ronald Leighton News contributions, information, advertising and letters to the editor are welcome. All submissions may be edited at 28 the discretion of the Editor and PCLM Committee and may Lawyers Helping Hungry 41 Classifieds be published on a space available basis. Children by Julian Bray The opinions expressed by the authors in the Pierce County Lawyer magazine do not necessarily reflect the official 42 position of the Tacoma-Pierce County Bar Association. 30 Zen Lawyer Advertisers are not necessarily endorsed by the TPCBA. by Mark Lindquist Act BIG, Act Small The Pierce County Lawyer Committee reserves by Brian Johnson the right to refuse advertising. 33 SEND ALL CONTRIBUTIONS TO: A Day in the Life of Kiley by Heather Songer and Michelle Tacoma-Pierce County Bar Association Walker Pierce County Lawyer First Tower, 621 Tacoma Avenue South, Suite 403 September/October 2014 | VOLUME 4 TACOMA-PIERCE COUNTY BAR ASSOCIATION Tacoma, WA 98402-2301 35 PIERCE COUNTY LAWYER Mark Your Calendars for CLEs by Michael McKasy and Virginia FOR INFORMATION ABOUT ADVERTISING SEE PAGE 40 OR Lawyerpalooza CALL KIT KASNER AT 253-272-8871 OR EMAIL: [email protected] DeCosta 2014 Administration (253) 272-8871 36 Lawyer Referral Service (253) 383-3432 food • games • music FAX (253) 627-4718 Lawyerpalooza 2014 more on page 36 family • dancing • fun Attorney’s Lounge, Room 238, (253) 573-0609 www.TPCBA.com 38 ON THE COVER: Are Lawyers in Business? Lawyerpalooza III Volunteer Legal Services by John Messina 2014 621 Tacoma Avenue South, Suite 303, Tacoma, WA 98402 (253) 572-5134, [email protected] September/October 2014 | PIERCE COUNTY LAWYER 3 PRESIDENT’S PAGE BY DAWN FARINA DOING YOUR CIVIC DUTY - One Lawyer’s Perspective everal years ago, I had the privilege of 4. Finally, we get to hear from the plaintiff… being summoned for jury duty – twice, in Yikes, her story is preposterous. I truly felt fact. While there’s never a convenient time sorry for her lawyer, who kept his composure Sfor anyone to serve, I decided that rather than throughout the trial and did a commendable use one of the lawyer’s tried and true excuses job. to beg out, I would join the panel. After all, if a 5. Why do I feel so tired after court each trial lawyer isn’t willing to serve, then how can day? Listening intently to the testimony, not we expect others to do so? wanting to miss a thing, is mentally exhausting. Imagine my surprise when the lawyers didn’t During my almost 25-year career as a deputy use a peremptory to remove me from the prosecutor, I’ve tried many criminal cases, panels. I was seated on two civil cases, a few including several murder cases. When I’m in years apart. The first case involved a breach of trial, just like any other trial lawyer, I work contract. The second case was a car accident. extremely long hours. I was amazed to learn that after sitting as a juror, I went home much In both cases, I was elected to be the presiding more exhausted at the end of the day than I did juror. They apparently figured that because I when actually trying the case. was the only lawyer in the group, I would be best suited to fill out the lengthy and confusing 6. I really like your shoes, I wonder where you verdict forms. In both instances, I did my best got them? Your hair looks good today. For to ensure that everyone had an opportunity to years, jurors have often commented on my be heard. Participating in the deliberations was clothes, my shoes and my age. In one murder enlightening. I observed the issues that non- case, the jurors actually informed me they had lawyers focused on as opposed to issues the voted on how old they thought I was. They got lawyers focused on. In each case, we reached a it wrong. I often thought, why aren’t you jurors unanimous verdict. paying as much attention to the testimony of the witnesses? Now I understand. Jurors multi- While we waited patiently to be called into task; they listen to the witnesses, they notice the courtroom each day, we spoke about our clothes and demeanor, and everything else our families, our jobs, and our interests. We going on in the courtroom. bonded, which proved to be beneficial when it came time for us to deliberate. 7. Why did I waste so much time taking notes during the trial when I didn’t even need to I learned a lot sitting as a juror. The experience refer to them during jury deliberations? The helped me be a better trial lawyer. While I opportunity to take notes is a good thing, listened intently to the testimony of witnesses, particularly in lengthy trials, but jurors have Paving the court’s instructions, and the arguments of good memories. our path each counsel, I also had random thoughts go through my mind as I sat as a juror. Here are 8. Judges and court staff, thanks for making just a few of them: this a positive experience. In both of my cases, Forward the judges and their staff were professional, 1. If I can help it, I will no longer call a critical friendly, and brought some much needed levity witness in the afternoon, unless absolutely to an otherwise serious proceeding. necessary. I know trial lawyers know this, but jurors are more alert and energized in the The lasting impression I gained as a juror was just how committed and engaged the citizenry morning. was. I understand that jurors don’t always get it 2. I wonder if I could use this expert in right, as they are only human. I’m convinced, the future in one of my criminal cases, he however, that they take their responsibilities is impressive. Knowledgeable, likeable, seriously. As practicing lawyers, I hope each of professional – excellent characteristics for an us does as well. expert. Despite my initial trepidation, I am pleased 3. I hope Judge Culpepper baked for us last to have done my civic duty. I know it may be night. I can’t tell you how appreciative we were inconvenient, but I encourage every lawyer to for those delectable treats during our afternoon do the same if presented with the opportunity recess. It really helped provide the necessary to serve. You will be a better lawyer after seeing energy for the late afternoon session. a trial through a juror’s eyes. 4 PIERCE COUNTY LAWYER | September/October 2014 Isn’t this the real reason we all practice law… Workers Compensation is about healing families. That’s what we do. 1-800-270-3883 www.PalaceLaw.com 653126_Palace.indd 1 21/08/13 4:46 PM NEW LAWS Getting Ready For The Fall Workload By Commissioner Diana L. Kiesel, Pierce County Superior Court ummer is the time of year some forms: guardianship, garnishment and Here is a summary of the of you reduce your workload emancipation proceedings.