The Washington State Bar Association

Vol. 65 No.2

Washington State FEBRUARY 2011

BarNewsTHE OFFICIAL PUBLICATION OF THE WASHINGTON STATE BAR ASSOCIATION around THE STATE Filipino Lawyers Hold Barrio Fiesta, MELAW Holds Inaugural Banquet, WLI Welcomes 2011 Class of Fellows, WSBA Charity Auction, and More

plus President’s Corner: The 24-Hour Rule Read It in De Novo Civility: Power Beyond Politeness Law’s Lighter Side: Time to Renew

February 2011 | Washington State Bar News A e veryone has the right to a vigorous defense.

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February 2011 | Washington State Bar News 1 2 Washington State Bar News | February 2011 Washington State BarNews THE OFFICIAL PUBLICATION OF THE WASHINGTON STATE BAR ASSOCIATION FEBRUARY 2011

DEPARTMENTS 7 Letters to the Editor

23 Law’s Lighter Side Time to Renew 12 9 by Steven A. Reisler 26 Raising the Bar: The FEATURES Promise of Civility in Our Profession Civility: Power Beyond 12 Family Law Special Politeness Master: Training and by Stella Rabaut Professional Duties for Conflict Resolution 28 Around the State MELAW Holds Banquet, with High-Conflict WLI Welcomes New Families Fellows, Filipino Lawyers by Daniel J. Rybicki and Frances 23 26 Hold Barrio Fiesta, and More W. Kevetter

37 In Memoriam 20 Washington Plaintiffs Victorious in 41 The Board’s Work Twombly / Iqbal Era by Michael Heatherly by Nathalie Ben-David 28 63 Briefly About Me Vickie Williams 39 Read It in De Novo Foreign Concept: LISTINGS Explore Working 43 WSBA 2011–2012 Abroad Before Giving Committee, Board, and Up on a Legal Career 28 39 Panel Application Form by Arundel Pritchett 46 FYI COLUMNS Counsel Over Cocktails: 52 Professionals 9 President’s Corner What to Do When The 24-Hour Rule 54 Disciplinary Notices Friends and Family Ask by Steven G. Toole for Legal Advice 55 Announcements by Trent M. Latta 64 The Bar Beat 58 CLE Calendar Just a Kiss Away by Michael Heatherly 59 Classifieds

Cover photo: The Tacoma Narrows Bridge links the cities of Tacoma and Gig Harbor. ©iStockphoto.com/GregoryOlsen.

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.

February 2011 | Washington State Bar News 3

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4 Washington State Bar News | February 2011 WSBA Board of Governors Washington State Steven G. Toole, President Catherine L. Moore, Seventh-East District Stephen R. Crossland, President-elect Judy I. Massong, Seventh-Central District BarNews Salvador A. Mungia, Immediate Past-President Roger A. Leishman, Seventh-West District Marc L. Silverman, First District Brian L. Comstock, Eighth District Published by the Philip J. Buri, Second District Susan Machler, Ninth District Loren S. Etengoff, Third District Tracy S. Flood, At-large WASHINGTON STATE BAR ASSOCIATION Leland B. Kerr, Fourth District Anthony D. Gipe, At-large 1325 Fourth Ave., Ste. 600 Nancy L. Isserlis, Fifth District Carla C. Lee, At-large (WYLD) Seattle, WA 98101-2539 Patrick A. Palace, Sixth District; Treasurer Paula Littlewood Executive Director WSBA Editorial Advisory Committee 206-239-2120; [email protected] Patricia Paul, Chair Ted Mechtenberg Joanna Plichta Boisen Brian Payne Michael Heatherly Arissa Peterson Editor Paulette Burgess 360-312-5156: [email protected] Elizabeth Carney Klaus Snyder Fiona Cox Jill Yamamoto Judith M. Berrett Director of Communications Bar News Advertising 206-727-8212; [email protected] Display: Contact Jack Young at 206-727-8260 or [email protected]. Todd W. Timmcke Announcements: For WSBA members only. Contact Jack Young at 206-727-8260 or Managing Editor/Graphic Designer [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 e-mail 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., Ste. 600, 206-727-8262; [email protected] Seattle, WA 98101-2539. No phone orders, please.

All editorial material, including editorial com- 800-945-WSBA (9722) | 206-443-WSBA (9722) | [email protected] ment, 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 WSBA Website: www.wsba.org State Bar Association, 1325 Fourth Ave., Ste. [email protected] 600, Seattle, WA 98101-2539, and mailed Bar News Around the State Submissions: periodicals postage paid in Seattle, WA. Bar News Article Submissions: [email protected] $17.38 of an active member’s dues is used Bar News CLE Calendar: [email protected] for a one-year subscription. For inactive, Bar News General Comments: [email protected] emeritus, and honorary members, a free sub- Bar News In Memoriam Submissions: [email protected] scription is available upon request (contact Bar News Letters to the Editor: [email protected] [email protected] or 206-727- Bar News Online: www.wsba.org 8262). For nonmembers, the subscription rate is $36 a year. Washington residents please add sales tax; see http://dor.wa.gov for rate. Submission Guidelines: WSBA members and nonmembers are invited to submit articles of interest to Bar News readers. Send articles via e-mail to [email protected] or provide on a disk with a hard copy and mail to: WSBA, Bar News Editor, 1325 Fourth Ave., Ste. 600, Seattle, Postmaster: Send changes of address to: WA 98101-2539. Articles should not have been submitted to any other publications and become Washington State Bar News the property of the WSBA. Articles typically run 1,500 to 3,500 words including endnotes. Cita- 1325 Fourth Avenue, Suite 600 tions should be formatted as endnotes. Please include a brief author’s biography including Seattle, WA 98101-2539 contact information at the end of the article. High-resolution graphics and photographs are welcome. Authors are encouraged to send a high-resolution digital photo of themselves with their submission. The editor reserves the right to edit articles as deemed appropriate. The editor may work with the writer, but no additional proofs of articles will be provided. The editor reserves the right to determine when and if to publish an article. Bar News is published on or about the first day of the month, 12 times a year. The current circulation is approximately 31,000. February 2011 | Washington State Bar News 5 NEW WSAJ Deskbooks Updated and comprehensive resources essential in representation of employees and injured workers • EmploymEnt law • workErs’ CompEnsation

Mark C. Wagner Both deskbooks serve as indispensable tools for Judith A. Lonnquist 2010 Editor-in-Chief employment and workers’ comp practitioners. 2010 Editor-in-Chief of the Workers’ of the Employment Compensation Deskbook Start the New Year with the right set of tools. Law Deskbook

The Employment Law Deskbook is a must have for every plaintiff attorney, written by over 30 leading plaintiff attorneys, with over 1,000 pages of materials, including forms, edited by Judith Lonnquist. The Workers’ Comp Deskbook will help you in every phase of your Workers’ Compensation practice. Edited by Mark Wagner, this publication provides lawyers who handle workers’ compensation claims vital information and forms to handle issues during the course of a claim.

Below is a glimpse of the vast array of topics addressed in each of the deskbooks. WORKERS’ COMPENSATION DESKBOOK • The History of Workers’ Compensation • Handling the Money • Independent Medical Examinations in Washington • Formation of a Plan • Permanent Total Disability • Frequently Asked Questions • Claim Allowance: Specific Injuries and • Claims Against Third Parties • Representing the Injured Worker Occupational Diseases • Protests and Appeals • Initial Worker Contact and the • Aggravations and Reopenings • Appeals to Superior Court and Beyond First Meeting • Medical Treatment • Closing the File • Contingency Fee Agreements and • Time Loss Compensation and Loss of Opening Forms Earning Power • Identifying and Representing the • Vocational Services Difficult Client • Permanent Partial Disability EMPLOYMENT LAW DESKBOOK • A View of Washington’s Legal History • Retaliation • Arbitration Clauses Affirming Certain Human Rights • The Tort of Wrongful Discharge in • ERISA Preemption • Intake, Screening and Initial Consultation Violation of Public Policy • Discovery • Overview of Employment Discrimination • Employer Writings, Public Policy, and the • Internal Investigations: Discovery Issues • Age Discrimination Common Law • Pretrial Motions • Disability Discrimination • Negligence in the Employment Context • Evidentiary Issues • Race and Color Discrimination • Common Law Claims • Potential Defenses to Employment • Sex Discrimination • Washington State Wage and Hour Law Discrimination Claims • Sexual Harassment • Unemployment Compensation • Offers of Judgment • Other Types of Workplace Discrimination • The Family and Medical Leave Act • Mediation of Employment Disputes • Religious Discrimination and (FMLA) • Trial of an Employment Case Accommodation • Covenants Not to Compete and Trade • Remedies for Employment Discrimination • Sexual Orientation Discrimination Secret Protection • Ethics • Military Service Discrimination • Statutes of Limitation • Forms • HIV / AIDS • The Unionized Employee TO ORDER THE EMPLOYMENT LAW AND/OR WORKERS’ COMPENSATION DESKBOOKS IN EITHER CD OR REGULAR BOOK FORMAT, GO TO WASHINGTONJUSTICE.ORG OR CALL 206.464.1011. As a WSAJ member, enjoy a significant discount on this or other publications essential to all plaintiff lawyers, such as the Motor Vehicle Litigation Deskbook, A Day with Paul Stritmatter, A Day with Gerry Spence & Paul Luvera, and many more. 6 WashingtonTo join State Bar WSAJ: News | February Go 2011 to www.WashingtonJustice.org or call 206.464.1011.

WSAJ-WorkersCompWSBAad-FINALv5.indd 1 12/30/10 4:07 PM Letters to the Editor

Bar News welcomes letters from read- about 1/10th of what most bar members apparent viewpoint, our constitutions ers. We do not run letters that have been pay. The BOG had an opportunity to treat are neutral as to point of view and thus printed in, or are pending before, other le- all members equal and to spread the pain do not make exceptions for discrimina- gal publications with overlapping reader- of dues increases to those best able to ab- tion perceived by some in government ship. Letters must be no more than 250 sorb it. They failed to do so. I think this is to be good, no matter how benign those words in length, and e-mailed to lettersto a cop-out, and for an organization which people’s intentions are. In any event a [email protected] or mailed to: WSBA, Attn. espouses diversity, this is disappointing. citation from the WSBA Bylaws is not Bar News Letters to the Editor, 1325 Fourth sufficient to counter an assertion of un- Ave., Ste. 600, Seattle, WA 98101-2539. Bar Greg Hicks, Newport constitutionality. News reserves the right to edit letters. Bar News does not print anonymous letters, or Good discrimination and bad William R. Clarke, Richland more than one submission per month from the discrimination? same contributor. To block bill or not to block bill “Underrepresentation and diversity may be based upon the discretionary determi- The article “Reconsidering Block Billing Grateful for 50-year members nation of the Board of Governors . . . to in- Practices” (January 2011 Bar News) at- clude . . . race . . . .” (WSBA Bylaws quoted tacks customary itemized time-based I’m writing to endorse President Toole’s by WSBA General Counsel Robert Wel billing because it does not break out the acknowledgement of our 50-year bar den, Letters to the Editor, December 2010 time expended on each task if more than members (President’s Corner, January Bar News). Apparently Mr. Welden, and one task is performed by a timekeeper 2011 Bar News). One of them, Tim Ma some others, believe that so long as the in a day. The author expects that such lone, has been my career-long mentor, “discretionary determination” based on “block billing” will soon become a “relic and two others, Toni Rembe and Marjo- race and other, some prohibited, factors, of a bygone era.” I disagree. Clients are rie Rombauer, have been inspirational meet the goals of the WSBA leadership not generally requesting task billing, and role models. What all of them brought, by being so-called inclusive, it is not dis- on certain matters the trend is toward and are still bringing, to my legal practice criminatory. However, for an individual simpler billing, such as fixed fees based is the perspective of their unique and excluded to the benefit of a member of a on factors in addition to time. ground-breaking experiences, for which favored racial group, even if not the only The author’s sample does not achieve I’m most grateful. determinative factor, such “discretionary the benefits that he touts. For example, determination” is very discriminatory. there is an entry: “msgs to and from client Clydia J. Cuykendall, Olympia What Mr. Welden really seems to be say- re files etc. (.3).” How could a court deter- ing is that there is good discrimination mine that the (.3) time entry was reason- Judges should pay the same and there is bad discrimination. Clearly able, as opposed to the (.1) entered for such a distinction depends upon one’s another similar sample time entry? This The BOG’s decision at their Sept. 23–24 particular point of view. Unfortunately entry does not achieve “trust from clients meeting (The Board’s Work, December for Mr. Welden and those who share his and judges that comes with billing trans- 2010 Bar News) relating to judicial bar dues upsets me for several reasons. First, it is wrong that members of the judiciary do not pay bar dues. The Bar News points out: “Without either an increase in fees, reduction in expenses or both, the budget will fall into deficit in the coming years.” It seems only fair to require the judiciary to pay the same bar dues we all pay, rather than expecting the non-judiciary members to be subject to additional and regular dues increases, Est. Feb. 13, 1996 which appear to be a certainty. Judges are guaranteed a secured income for the duration of their term and do not have to pay overhead expenses. They are in a General and In-House Counsel Lateral Associates much better position to pay dues than Partners, Practice Groups & Mergers Contract Attorneys are private practitioners who are strug- gling in this economy. Second, I am upset the BOG proposed a token dues assessment of $50 after a couple of judicial associations opposed the BOG’s initial assessment. I note $50 is

February 2011 | Washington State Bar News 7 parency”? I favor detailed time entries to support hourly billing, and in fact I would have added a few words to each sample entry about what was accomplished. But task billing requires more detail with lim- Your clients expect the best. ited utility; a slippery slope. I can see why task billing might be supported by legal fee auditing firms THE VEITCH LAW FIRM will exceed and others seeking to reduce attorneys’ fees. It makes it easier to attack a billing their expectations…and yours. by saying: “an average letter should take .3 hours, but your letters took an average of .4 hours.” But each lawyer and each case and each task differ. The current standard “block billing” is adequate for most purposes.

Gary R. Duvall, Seattle

Author Michael R. Caryl Responds: I have considered the views of Mr. Gary Duvall in his letter to the editor concerning my article on block billing in the Jan- uary issue of the Bar News. My response is simple — block billing is criticized by organized bar groups, consumer advocates, insurers who pay hourly attorney’s fees in the billions annually, not to mention lawyer-bashing pundits and bloggers. A simple Google search of “block billing criticized” will yield 108,000 hits, many highly negative. My article cited only a www.WADUIDEFENSE.com few. The point I was trying to make is that when the Federal courts have spearhead- ed attacks on block billing, and organized state and local bars are condemning the practice, its continued survival in this state is questionable. My article was cau- tionary — a warning. THE VEITCH LAW FIRM Mr. Duvall criticizes the examples given at the outset of the article, distin- guishing block from apportioned billing, V but he ignores the fact that the client L can examine the large billing charges for reasonableness in apportioned entries, but the large charges can be hidden in block billing. He ignores the fact that block billing is often a scheme that hides The Richards Building excessive billing. He is silent on the risk 305-111th Avenue, N.E., Suite A of losing for his client, fee shifting fee awards by a court, where reasonable- Bellevue, WA 98004 ness of fees cannot be determined on blocked entries, as has happened in sev- Tel: 425-452-1600 eral cases I cited in the article. Fax: 425-452-5570 I fear that it is just a matter of time before an appellate court, the organized Bar, or the Supreme Court in an RPC amend- ment will proscribe block billing. Better to be ahead of the curve than behind.

8 Washington State Bar News | February 2011 President's Corner

WSBA President The 24-Hour Rule Steven G. Toole in releasing pent-up emotions. We reli- giously follow the “24-hour rule,” or at least the “overnight rule.” For those who don’t follow or even know them, these rules mandate not sending out an emotionally drafted, emotionally driven e- mail response until after there has been an opportunity to calm down — perhaps have a friend or colleague read it, or at least sleep on it. E-mails, although they have revolutionized the practice of law, can be the most dangerous tool in our office. They are instantaneous, therefore enabling you to communicate your thoughts before actually thinking, and they create a written record ISTOCKPHOTO.COM/DNY59 © of your statement, for the whole world to see — sometimes over and over and over again. Once hitting that infamous “Send” button, your e-mail is irretriev- ably transmitted into cyberspace, forev- e’ve all been in the letter we just received could be er. Don’t fall victim to the lure of instant there. We an innocent mistake. Satisfying our- gratification; slow down and reflect. just received selves that we have been intentionally Employ the 24-hour rule. that letter in and inexcusably maligned, we start typ- Although the 24-hour rule can help the mail from ing away at our computer. The words us avoid the potential catastrophe that opposing coun- just fly off the keyboard, so focused in can result from an angry e-mail that is sel that person- our response that we type at blazing prematurely sent, there are other seri- ally attacks our character, our intelligence, speed. Words don’t fail us in this state ous problems that can be and are gener- Wour professionalism, and our competency. of heightened emotion and urgency. We ated by the use of e-mail. E-mails are so We are steaming and drop everything so cut the legs out from under our oppo- instantaneous and direct that we often that we can immediately defend ourselves nent, destroying his suppositions and forget that the person on the receiving and strike back. We’re not going to let that artfully arguing the truth and veracity end is not able to see the smile on our so-and-so get away with this. Reason and of our position. When the smoke clears face or hear the intonation in our speech civility and giving the benefit of the doubt and the keyboard cools down and we and the emphasis on a particular word or are out the door. We have been personally read over what we have written, we feel phrase. The receiver is not able to see our attacked. This is war. vindicated and justified. The process of body language as our message is read, Since e-mail is such an immediate writing this e-mail response has been and things written in these e-mails can method of communication enabling us cathartic. We have been able to get the easily be taken out of context. How often to memorialize our brilliant response hurt and anger out of our system, or at do we hear someone say, “That is not at and actually see it in print for poster- least we have managed to let those emo- all what I meant when I wrote that”? We ity’s sake, it is the easiest route to take. tions take a back seat to what is hope- each have to take accountability for how We do a quick check of our file to make fully reason and professionalism. our words and sentiments can be misin- certain there is nothing glaring at us As I said, we have all been there. For terpreted and misunderstood. that might suggest that the allegations many of us, this is merely an exercise As attorneys, this is of particular

February 2011 | Washington State Bar News 9 We are representing a could result in a business trans- to truly hear the message you are try- action failing. This is a heavy ing to convey, or will that person be so client whose case could well burden to carry and we should incensed at your words or manner of carefully consider the poten- communicating that your message will be impacted by careless tial consequences before we go be totally lost? Also, remember that or thoughtless e-mail down that road. people save e-mails. Are you sure that A good rule of thumb is to you didn’t send an e-mail a year earlier communications. If we offend always assume that whatever that contradicts what you are saying in you are e-mailing to someone this one? I suspect we have all done that the person to whom we are is going to end up as an exhibit and, speaking personally, it is really em- sending the e-mail, it could in court. Ask yourself if you are barrassing. going to be embarrassed to see Whether you are a litigator or a trans- impact the ability to resolve your e-mail blown up on an action attorney, civility and professional- overhead projector or if it is go- ism need to be at the core of who you are a dispute amicably and ing to paint your client in a bad and how you practice law. We need to take inexpensively. It could result in light. For the litigators among the high road in representing our clients. you, is this potential exhibit go- An attorney can be effective without the a business transaction failing. ing to help your case or hurt it? use of intimidation and righteousness. This is a heavy burden to Will it make it more difficult for The January edition ofBar News included you to maintain credibility with an article by Professor Paula Lustbader of carry and we should carefully the judge or jury? Is it going to Seattle University School of Law, entitled make you a less effective advo- “Raising the Bar: The Promise of Civility consider the potential cate? In the case of transaction in Our Profession.” This was the first of a consequences before we go attorneys, is this exhibit going series of monthly articles that are going to make it harder or easier to ne- to be published in Bar News intended to down that road. gotiate terms on your contract focus on and enhance civility in the prac- that are favorable to your client? tice of law (see page 26 for the second Is the e-mail serving your client article in this series). I applaud this effort in this case or is it just making and hope it will be well received by our concern for us. We are not just having you feel momentarily powerful and righ- members. personal communications that might teous? Do you want this e-mail defining In the spirit of this Civility Initiative, impact our own relationship with an you, who you are, and the way you prac- we need to be particularly sensitive to individual. We are representing a cli- tice law? this world of instant communication. ent whose case could well be impacted Another good rule of thumb — af- The practice of law has morphed into by careless or thoughtless e-mail com- ter sleeping on the e-mail — is to ask one of immediate e-mail replies. When munications. If we offend the person yourself why you want to send it. Who we mail a traditional letter to someone, to whom we are sending the e-mail, it is it going to benefit? What do you want our mindset is to draft and proof it sev- could impact the ability to resolve a to accomplish and will this e-mail ac- eral times before it goes out. However, dispute amicably and inexpensively. It complish that? Is the receiver going our mindset with an e-mail is to respond quickly and send it out. We frequently CommerCial litigation don’t even proofread the e-mail, relying on spell check to catch typographical errors. This can be dangerous and can convey unintended thoughts and opinions. To make matters worse, once you hit that “Send” button, the e-mail is out there for the whole world to potentially see, copy, and resend to people to whom you never intended it to go. The best protection we have for our clients, our effective representation of our clients, and our reputations is to be professional and civil at all times and to be aware of Proud to support all the potential pitfalls of e-mail. Final- the King County Bar Foundation and ly, and most importantly, when it comes to e-mails, remember the 24-hour rule. the Campaign for Equal Justice.

WSBA President Steven G. Toole can be 1200 Fifth Avenue • Seattle, Washington 98101 reached at [email protected] or 206.292.5900 • www.hallzan.com 425-455-1570.

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February 2011 | Washington State Bar News 11 The Association of Family and Con- ciliation Courts (AFCC) has been highly active in developing practice guidelines and training procedures for FLSM and related services. The AFCC has chosen to refer to these service providers as parenting coordinators, while we have chosen to distinguish our Washington state model as family law special master. In 2001, the AFCC appointed a Task Force on Parenting Coordination and Special Masters, which collected information about how various states and jurisdictions developed and implemented their FLSM services.1 The AFCC task force reported that the FLSM has been a val- ued component in case management for several jurisdictions (Arizona, Califor- nia, Colorado, Georgia, Massachusetts, Oklahoma, Oregon, Vermont, Hawaii, Idaho, New Mexico, North Carolina, and Ohio). Service providers go by dif- ISTOCKPHOTO.COM/ROSEMARIEGEARHART © ferent names across these jurisdictions even as methods vary for implementing FLSM services (such as appointment by stipulated agreement or motion made Family Law Special Master sua sponte or upon a finding that the case involves “complex family dynamics problems” that require speedy resolu- Training and Professional Duties for tion). These states also vary in terms of jurisdictional issues and the timing of Conflict Resolution with High-Conflict FLSM intervention (post-decree matters versus use during development of the Families initial parenting plan). Terms of appointment typically run for about two years, unless otherwise ordered by the court. by Daniel J. Rybicki and Frances W. Kevetter Most states provide for methods of re- moving the FLSM or allowing him or her previous companion article (Bar News, June 2010) de- to resign. scribed an innovative program for using a family law spe- The FLSM is typically given a degree cial master (FLSM) as a provider of alternative dispute of authority over selected elements of resolution. As set forth in our earlier discussion, the parenting plan issues. Most states do not FLSM is sometimes called a parenting plan coordina- allow the FLSM to make modifications Ator or special master. This professional serves at the crossroads to child support orders and awards or to of law and psychology. As defined by noted authorities in the determine such issues as which religion field, a parenting coordinator or FLSM is an impartial third is to be observed by the child. Instead, party who helps the parents implement their parenting plan most FLSMs are typically authorized by facilitating the resolution of disputes between parents or to address issues such as the following: legal guardians by providing education, making recommenda- time-sharing arrangements, including tions to the parties, and, with prior approval of the parties and holiday and summer planning; daily the court, making decisions within the scope of their court ap- routine; daycare and babysitting; trans- pointment. portation and exchange for drop-off The origins of this conflict resolution process date back to or pick-up; medical, dental, and vision the mid-1990s, when more detailed and formal professional care; psychological counseling or test- guidelines were first established for the family law field. In this ing; educational issues such as choice of article we will present some useful recommendations for the school or tutoring; and extracurricular training and professional services of the FLSM. We will also activities. discuss the FLSM selection process, the issues involved in A common practice is to develop maintaining appropriate structure and boundaries, and the in- a case-specific stipulation that speci- dications and contraindications for use of an FLSM. We further fies issues that are within the scope of offer other practical considerations and a vision for the future. the FLSM program and sets forth three

12 Washington State Bar News | February 2011 major levels of FLSM authority. Level 1 may be, there is a need for that person mental health professionals serve as decisions involve short-term and practi- to demonstrate sufficient experience FLSM providers. Given the novelty of cal matters that are time-sensitive (e.g., in drafting clear orders; developing ef- this concept to the Washington legal changes to holiday schedules). These fective and developmentally sensitive landscape, there have not yet been any decisions are more urgent than others, parenting plans; and being effective at specific qualification requirements de- and the stipulation allows the FLSM to resolving problems, mediating conflict, veloped or any training programs im- implement immediate decisions for such and attending to the needs of families plemented. Since we are at the seminal concerns. Those decisions may still be re- and children. stages of this program of assistance, it viewed by the court, but only if a parent files for a hearing within 30 days after the entry of the notice of decision. Any party challenging the decision needs to show that the decision exceeded the authority Given the novelty of this concept to the Washington of the FLSM or the court, was erroneous legal landscape, there have not yet been any as a matter of law, or was clearly not in the best interests of the child. Most juris- specific qualification requirements developed or dictions provide for implementation of any training programs implemented. Since we are the Level 1 decision without delay, even when there is a request made for subse- at the seminal stages of this program of assistance, quent review by the court. Level 2 decisions also are effective it would seem prudent to consider developing forthwith, but differ from Level 1 in that appropriate statutory guidelines for professionals they are subject to review by the court upon formal objection. Level 2 decisions whose work directly affects children, such as judges, typically are seen as having a long-term effect on the family system, but do not mediators, parenting evaluators, and family law make major changes to the roles of the guardians ad litem.... Such statewide requirements parents as decision-makers. They do not significantly change the percentage of for training and experience would help ensure time that the child is with each parent. Level 3 decisions are seen as more that the delivery of services would adhere to basic major in their scope and involve changes common professional standards regardless of the to the parenting plan. They are generally written and presented as recommenda- setting — from Yelm to Yakima, Spokane to Seattle. tions made to the family and to the court that may become orders by stipulation or further action of the court. Most stipulations for FLSM appointments The AFCC Task Force has found that would seem prudent to consider devel- specify that those Level 3 decisions and jurisdictions differ widely in setting forth oping appropriate statutory guidelines recommendations will be admitted into their expectations for the training and for professionals whose work directly af- evidence as expert opinion, subject to experience of the parenting coordinator. fects children, such as judges, mediators, cross-examination, with hearsay ob- Some states require that such persons parenting evaluators, and family law jections waived as part of the original hold a license as a mental health pro- guardians ad litem (e.g., Title 26 Training stipulation. An excellent sample Stipula- fessional (master’s level or greater) or for Family Law GALs). Such statewide re- tion and Order of Appointment has been be an experienced family law attorney. quirements for training and experience developed by the Family Law Section of Many states encourage a background in would help ensure that the delivery of the Los Angeles County Bar Association2 mediation training, sometimes setting services would adhere to basic common and may offer some useful suggestions to those as requirements to function as professional standards regardless of the consider in developing Washington state an FLSM. Still other jurisdictions have setting — from Yelm to Yakima, Spokane versions of FLSM stipulation documents. expanded the pool of possible special to Seattle. Beyond the documents and procedur- masters by allowing for certain parapro- Drawing upon current statu- al parameters is the most crucial com- fessionals such as court staff to fulfill the tory guidelines in Title 26 (c.f., RCW ponent: who serves as an FLSM and how function, provided that adequate train- 26.12.177), there are specific training that person is selected and trained to ing has been acquired. The definition of requirements that call upon the Admin- serve. The nature of the FLSM decision- adequate training has varied across the istrative Office of the Courts to develop making power and the range of specialty states, varying from 20 hours of training a statewide curriculum in conjunction skills required of this person suggest that to as much as 160 hours of specialized with the chief justice. RCW 2.56.030(15) a seasoned family law professional must training, additional shadowing of an ex- identifies those areas of training required be the optimal choice. However, not all perienced FLSM, and ongoing continu- for Title 13 and Title 26 GALs. Included jurisdictions have taken this approach. ing education requirements. are requirements of training in the areas It becomes clear that whoever the FLSM In most jurisdictions, attorneys and of family reconciliation and mediation

February 2011 | Washington State Bar News 13 services. It should not be a stretch to use rules can be modified and adapted to those required of a supervising or asso- these statutes in addressing the training provide for a statewide curriculum. Us- ciate counselor of family court services. needed for the FLSM. ing the Federal CR 39.1 as a blueprint Specific training regarding domestic The U.S. District Court for the West- would allow for defining the FLSM and violence, the family code, and local court ern District of Washington has pro- the qualifications necessary to serve as protocols are part of those requirements. mulgated CR 39.1, which addresses FLSM. This would provide the appropri- Other states such as Colorado identify alternative dispute resolution. This rule ate forum for defining whether and how attorneys with guardian ad litem experi- provides the purpose of the ADR pro- mediation and arbitration would be con- ence, mental health professionals with gram, qualifications necessary to serve ducted. experience in conducting parenting as mediator or arbitrator, how mediation A useful starting point for develop- evaluations, or mediators with similar is to be conducted, how arbitration is to ing the standard curriculum would be backgrounds as suitable FLSM service be conducted, and other alternative dis- with examination of the various train- providers. Closer to home are the qualifi- pute resolution procedures. ing approaches used by other states. cation guidelines set forth by the Oregon Clearly, Washington has a good struc- For instance, California provides local courts. Their local rules for “parenting ture in place in creating a training pro- court rules that require “special mas- coordinators” are fairly broad and call gram for the FLSM. Statutes and court ters” to meet the same qualifications as for “mental health training” (with a master’s or doctoral degree in psychology, counseling, or social work, or equivalent training and experience, or an M.D. with psychiatric specialization) along with provision for attorneys, court-qualified mediators, or court staff personnel with specialized training to serve in this role. Perhaps the most detailed and comprehensive qualification and training requirements are those of Vermont. There, FLSM providers need to have 160 hours of training that includes 60 hours of me- • Is your firm’s 401(k) subject to quarterly diation training, 24 hours of domestic-vi- WHO’S reviews by an independent board of directors? olence and substance-abuse training, 20 • Does it include professional investment hours of family law and court procedures WATCHING fiduciary services? training, 36 hours of family-dynamics • Is your firm’s 401(k) subject to 23 contracted and child-development training, and 12 YOUR FIRM’S service standards? hours of FLSM training, including shad- 401(k)? • Does it have an investment menu with passive owing a minimum of two cases, as well and active investment strategies? as eight hours of document-writing and • Is your firm’s 401(k) sponsor a not-for-profit giving of testimony in court. The spe- whose purpose is to deliver a member benefit? cific topics of that training are available • Does it feature no out-of-pocket fees to your firm? through the Vermont judiciary (www. • Is your firm’s 401(k) part of the member vermontjudiciary.org). benefit package of 37 state and national bar Training centers have emerged in oth- associations? er states that provide 20 to 24 hours of If you answered no to any of these questions, classroom education to meet the initial contact the ABA Retirement Funds to learn how standards for becoming a special master to keep a close watch over your 401(k). or parenting coordinator. Curriculum topics include:

• understanding and managing the Unique 401(k) Plans for Law Firms high-conflict family system Phone: (877) 947-2272 • Web: www.abaretirement.com • coping styles of children • email: [email protected] • divorce recovery process • alienation, estrangement, and align- The American Bar Association Members/Northern Trust Collective Trust (the “Collective Trust”) has filed a registration statement (including the prospectus therein (the “Prospectus”)) with the Securities and Exchange Commission for the offering of Units ment concerns representing pro rata beneficial interests in the collective investment funds established under the Collective Trust. The Collective Trust is a retirement program sponsored by the ABA Retirement Funds in which lawyers and law firms who are members or associates of • family systems models for conceptu- the American Bar Association, most state and local bar associations and their employees and employees of certain organizations related to the practice of law are eligible to participate. Copies of the Prospectus may be obtained by calling (877) 947-2272, by visiting alization and intervention the Web site of the ABA Retirement Funds Program at www.abaretirement.com or by writing to ABA Retirement Funds, P.O. Box 5142, • personality disorders in parents Boston, MA 02206-5142. This communication shall not constitute an offer to sell or the solicitation of an offer to buy, or a request of the recipient to indicate an interest in, Units of the Collective Trust, and is not a recommendation with respect to any of the collective • special complications of addictions investment funds established under the Collective Trust. Nor shall there be any sale of the Units of the Collective Trust in any state or other jurisdiction in which such offer, solicitation or sale would be unlawful prior to the registration or qualification under the securities • attachment issues and developmen- laws of any such state or other jurisdiction.The Program is available through the Washington State Bar Association as a member benefit. However, this does not constitute an offer to purchase, and is in no way a recommendation with respect to, any security that is tal risk factors in time-share plans available through the Program. C09-1005-035 (07/10) • communication skills and problem- solving skills for conflicted parents

14 Washington State Bar News | February 2011 February 2011 | Washington State Bar News 15 • parallel parenting or cooperative co- the initial training be at least two days’ As evident from some of these train- parenting duration or perhaps three days or longer. ing guidelines, there is recognition that • mediation methods for “getting to The components she offers include study the FLSM needs to maintain appropri- yes” outcomes of the parenting coordinator role and pro- ate professional boundaries and roles at • managing angry parents cess, examination of role distinctions and all times. For this reason, several states • noncompliance and resistance boundaries, and comparisons of varying have specifically addressed issues such • boundaries and ethical practice models of parenting coordination that ex- as confidentiality andex parte com- guidelines ist in the field. She includes a large compo- munication. Most frequently, the FLSM • interview methods; interfacing with nent on research literature pertaining to process is considered not to be confi- the court parental conflict, the divorce adjustment dential (i.e., communications with the • practical considerations (fees, billing, process, domestic violence, and parenting FLSM are not confidential and the FLSM records, reports) dynamics after separation and divorce. may be called as a witness to testify to Ethical issues and professional practice the court or to make recommendations Notable sources such as Joan Kelly3 recommendations are also part of her regarding parenting time or custody is- have described some customary compo- suggested series of topics for parenting sues). Most established FLSM processes nents for such training. She suggests that coordinator training. provide that parents may communicate ex parte with the FLSM. Some jurisdictions allow the FLSM to communicate ex parte with attorneys and others do not. The FLSM model typically provides for access to anyone involved with the fam- for construction site injury referrals ily members, including school officials, physicians, mental health providers, guardians ad litem, custody evaluators, cHoose tHe firm tHat and other professionals involved with the family. Most jurisdictions also allow builds strong cases the FLSM access to all orders and plead- ings filed in the case, as well as school and medical records of the children, and reports of psychological testing or evaluations that have been performed. Given that some cases may require additional special services, most jurisdictions allow for and encourage the FLSM to make referrals for third-party services. Some jurisdictions, such as Santa Clara County in California, allow the FLSM authority in “determining and ordering appropriate medical, mental At Kraft Palmer Davies, PLLC, we have a Heavy-equipment health and counseling treatment for the proven track record of building strong cases operators parents or children… [and allows the and effectively representing our clients in court. scaffolding workers FLSM to] designate whether any ordered Our legal team brings to the table a total electricians counseling is or is not confidential.” As of more than 65 years’ experience successfully trencH diggers can be seen, a variety of levels of com- representing families in Washington and Alaska. explosives tecHnicians munication and authority characterize the roles and boundaries of the FLSM in Your referrals and associations are welcome. general laborers various jurisdictions. Special considerations are given to Robert M. Kraft, Lance Palmer*, Richard J. Davies (206) 624-8844 cases where there have been allegations *Admitted in Washington and Alaska (800) 448-8008 or findings of domestic violence. Safety concerns are paramount and may affect experienced lawyers for tHe injured decisions on where to meet and how to involve the parties in any such meetings. There may be occasions where the parties MaritiMe injuries KRAFT do not meet together in order to reduce we’ve ConstruCtion site injuries PALM ER Motor VehiCle injuries the risk of violence and to avoid power dif- moved! DefeCtiVe ProDuCts ferentials that might disrupt the process. Personal injury & Wrongful Death DAVI E S There may also be a decision to meet in a secure setting and to set forth protective 1001 fourth aVenue, suite 4131 seattle, Washington 98154 WWW.aDMiralty.CoM measures for having the domestic violence victim arrive first and leave first to avoid

16 Washington State Bar News | February 2011 further risk. The presence of violence in ethics and service delivery standards families.5 Additional risk management the relationship of the parents should have been offered by Matthew Sullivan,4 and aspirational ethics for parenting co- have been litigated or at least identified along with recommendations for how ordinators have been offered by Kirkland and addressed to some significant degree to practice in a defensive and well-doc- and Kirkland (2006).6 before the FLSM gets involved. umented approach with high-conflict Finally, appropriate use of the FLSM While FLSM services may vary from state to state, there is a common recognition of the importance of granting the FLSM quasi-judicial immunity. This does The Law Offices of James S. not prevent the filing of complaints with Rogers is pleased to announce professional licensing boards or with the the addition of John F. McHale. court, nor does it prevent the parents from filing objections to various deci- We also welcome the addition of Kathy George, Of Counsel. Special considerations are given to cases Please visit our website to see details where there have been about their extensive qualifications. allegations or findings of domestic violence.

Safety concerns are www.jsrogerslaw.com John F. McHale, Esq. paramount and may

affect decisions on 1500 Fourth Avenue T: 206-621-8525 Suite 500 F: 206-223-8224 where to meet and how Seattle, WA 98101 www.jsrogerslaw.com to involve the parties in any such meetings. sions, requests for judicial review, or requests for removal of the FLSM from providing further services. As noted by the AFCC Task Force, in most jurisdictions there are no legal codes that accurately describe the legal functioning of the FLSM. The ethical, legal, and malpractice risks may be seen as substantial due to the variety of tasks, roles, and qualifications required to serve as an FLSM. To adequately manage such risks, the FLSM needs to understand the requirements and standards that different review processes may impose on his or her work. Multiple processes of review may arise that include formal legal review (in state or federal courts), professional review (the state bar, psychological association, ethics committees), and review by the state consumer protection agency or professional licensing agency. Each of these will hold the FLSM to the appropriate specific set of standards for conduct. The AFCC provides Model Standards and Guidelines for the parenting coordinator’s role, practice, and training. Addi- tional useful suggestions for professional

February 2011 | Washington State Bar News 17 service model requires careful consider- more of the parties has a serious Axis II needs. This is an exciting time for our ation of the types of cases where such pro- personality disorder (e.g., paranoid or professions and a golden opportunity cedures are indicated and cases where borderline personality disorder). for interested parties to contribute to there are significant contraindications. The development of the FLSM process the emergence of an important tool for While the FLSM may be highly effective in Washington is still in the early stages. reducing post-divorce inter-parent con- in cases where there is high conflict, There will certainly be a period of discus- flicts which, in turn, will enhance the de- impaired coparenting, or communica- sion, exploration, and consideration of velopment and experience of children of tion problems, the FLSM approach is the strengths and weaknesses that have divorce throughout our state. contraindicated for cases where there is been identified by other states and other a high tolerance of conflict between the professionals who have been providing parents, the process begins to potentiate these services for several years. Research Daniel J. Rybicki, Psy.D., is a licensed clini- the conflict, the parties insist on violat- data such as that presented by Kirkland cal psychologist with a diploma in forensic ing boundaries (e.g., demanding imme- and Sullivan (2008) and training mate- psychology. He has extensive experience diate attention for non-critical issues), rials developed by the AFCC will likely in conducting parenting plan evaluations there is frequent need to engage in limit- be crucial to our process of tailoring and has been active in training other pro- setting with one of the parties, or one or the FLSM process to meet our unique fessionals to serve as family law special masters in other jurisdictions, including California. Frances W. Kevetter, J.D., practices primarily as a family law guardian ad litem. Daniel Rybicki may be contacted WE RETURN YOUR CLIENTS at [email protected], and Frances Kevetter may be contacted at fwkevetter@ gmail.com.

NOTES 1. AFCC Task Force on Parenting Coordination, “Parenting Coordination: Implementation Issu e s ,” Family Court Review, 41(4), 533–564 (2003); AFCC Task Force on Parenting Coor- dination, “Guidelines for Parenting Coordi- nation,” Family Court Review, 44(1), 164–181 (2006). 2. Sample stipulation, Los Angeles County Bar Association, www.lacba.org/files/main%20 folder/sections/family%20law/files/pcc- 1stipulation2007.pdf. See also sample material at www.lundstrachan.com for parenting coordination stipulation and forms. 3. Kelly, Joan, “Preparing for the parenting coordination role: Training needs for mental health and legal professionals,” Journal of Child Custody, 5(1/2), 140–159 (2008). 4. Sullivan, Matthew, “Ethical, legal, and professional practice issues involved in acting as a psychologist parent coordinator in child custody cases,” Family Court Review, 42(3), 576–582 (2004); Sullivan, Matthew et al, “Parenting Coordination: The Basics and Be- WE DEAL WITH HEALTH INSURANCE COMPANIES yond,” workshop presented at the Florida As- sociation of Family and Conciliation Courts so you and your clients don’t have to. We complement your role (AFCC) Parenting Coordination and Legisla- tive Forum (2003). as primary counsel, then send your client safely back to you. 5. Coates, Christine, Deutsch, Robin, Starnes, Hon. Hugh, Sullivan, Matthew, and Sydlik, JEFF COOPERSMITH - Former Belisa, “Parenting Coordination for High Chief Counsel and Director Conflict Families,” Family Court Review 42(4), 246–262 (2004). of Enforcement, Office of the 6. Kirkland, K., and Kirkland, K.E., “Risk man- Insurance Commissioner agement and aspirational ethics for parent- [email protected] (206) 343-1000 . www.coopersmithlaw.com ing coordinators,” Journal of Child Custody, 3(2), 23–43 (2006).

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ISTOCKPHOTO.COM/FRANCESTWITTY discretion at the dismissal stage that they © have never been granted before. Confronted with new challenges in surviving a 12(b)(6) motion to dismiss, Washington Plaintiffs plaintiffs have had a significant uphill battle. Without yet having an opportunity to perform discovery, plaintiffs have Victorious in been required to plead facts which include specific times, places, and persons involved in the alleged unlawful conduct. Moreover, some plaintiffs, in an effort Twombly/Iqbal Era to survive the motion to dismiss, have found themselves having to prove the by Nathalie Ben-David truth of their alleged facts, a task which has typically been reserved for summary judgment motion and not before. However, this heightened plead- ashington plaintiffs have much to celebrate following the ing standard is no longer mandated Washington Supreme Court’s June 24, 2010, ruling in Mc- on Washington plaintiffs filing in state Curry v. Chevy Chase Bank, No. 81896-7, which rejected the court. The Washington State Supreme federal heightened pleading standard adopted by the U.S. Court has clearly declared in its McCur- Supreme Court in Twombly and Iqbal. ry opinion that it declined to construe W For over 50 years, plaintiffs were required to follow the plead- CR 12(b)(6) like its federal counterpart, ing standard set forth in Rule 8 of the Federal Rules of Civil Pro- Fed. R. Civ. P. 12(b)(6). An excerpt from cedure, which provides that “a pleading that states a claim for this recent case: relief must contain … a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a) Chevy Chase urges this court to re- (2). Consistent with this standard, the hallmark case of Conley v. consider the standard for dismiss- Gibson, 355 U.S. 41 (1957), provided that a complaint should be ing a motion under CR 12(b)(6) in dismissed only where there is “no set of facts” that could entitle light of changes in the United States the plaintiff to relief. Supreme Court case law regarding This permissive pleading standard took a remarkable turn in Fed. R. Civ. P. 12(b)(6). Under CR 2007 when the U.S. Supreme Court, in Twombly v. Bell Atlantic, 12(b)(6) a plaintiff states a claim 550 U.S. 544 (2007), redefined the well-known pleading standard upon which relief can be granted in favor of a more stringent one. The newly adopted standard re- if it is possible that facts could be quires plaintiffs to plead a detailed set of facts raising the right established to support the allega- to relief above a speculative level, i.e., to one that is “plausible,” as tions in the complaint. See Halvor- opposed to simply possible. son v. Dahl, 89 Wn.2d 673, 674, 574 Erasing all doubts about whether the U.S. Supreme Court P.2d 1190 (1978) (“On a [CR] 12(b) would retreat back to the Conley pleading standard, the U.S. Su- (6) motion, a challenge to the legal

20 Washington State Bar News | February 2011 sufficiency of the plaintiff ’s allegations must be denied unless no state MBC helped pioneer of facts which plaintiff could prove, highway design litigation consistent with the complaint, in Washington State beginning with would entitle the plaintiff to relief on the claim.”); see also Christensen a record $3.1 million verdict in 1978. v. Swedish Hosp., 59 Wn.2d 545, 548, 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 (1957)). Recent Highway Design Results

However the United States Supreme $4.6 million settlement $3.5 million settlement Court has recently revised its dismissal standard under Fed. R. Civ. P. for negligent for negligent 12(b)(6), permitting dismissal unless highway maintenance highway design the claim is plausibly based upon the factual allegations in the complaint — a more difficult standard to satisfy. See Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) (“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that PERSONAL INJURY AND TRIAL ATTORNEYS is plausible on its face.’ A claim has facial plausibility when the plaintiff Office On the Web pleads factual content that allows 5316 Orchard Street West www.messinalaw.com the court to draw the reasonable in- Tacoma, WA 98467 www.mbcattorneys.blogspot.com ference that the defendant is liable tel: (253) 472.6000, (800) 992.9529 for the misconduct alleged.” (quoting fax: (253) 475.7886 Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). Chevy Chase encourages this court to similarly construe CR 12(b)(6). We decline. Op., at 3 At CARNEY BADLEY SPELLMAN The Supreme Court’s plausibil- Our Appellate Practice Group Has Been Busy ity standard is predicated on policy determinations specific to the federal trial courts. The Twombly Court concluded: federal trial courts are incapable of adequately prevent- ing discovery abuses, weak claims cannot be effectively weeded out early in the discovery process, and this makes discovery expensive and encourages defendants to settle “largely groundless” claims. See 550 U.S. at 557-58, 559. Neither party has shown these policy determinations hold sufficiently true in the Wash- ington trial courts to warrant such ur appellate practice group was busy in 2010. We had a “Baker’s Dozen” of oral arguments We look forward a drastic change in court procedure. to working with Nor has either party here addressed spread out amongst the Washington Supreme Court, all divisions of the Washington Court of Appeals, you in 2011. countervailing policy considerations. O For example, do current discovery and the Ninth Circuit, and over 50 active appellate cases expenses justify plaintiffs’ loss of ac- across the United States from Washington to New York, Jason W. Anderson representing individuals, public entities, and private cess to that discovery and general James E. Lobsenz access to the courts, particularly in corporations in a wide variety of matters. Michael B. King cases where evidence is almost exclu- Kenneth S. Kagan sively in the possession of defendants? (206) 622-8020 Gregory M. Miller Could runaway discovery expenses be www.carneylaw.com addressed by better means — perhaps

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involving more court oversight of the discovery process or a change in the MITH OODFRIEND, P.S. discovery rules? S G Op., at 6 CIVIL APPEALS Certainly, McCurry v. Chase Bank is indication that this will not be the end Howard Goodfriend and Catherine Smith of the debate of this contentious issue, are pleased to welcome our colleague Valerie Villacin which has been a national topic of dis- as a shareholder, and to announce that Ian Cairns cussion in the legal field. Future Wash- has joined the firm as an associate. ington defendants will likely challenge this ruling in some creative fashion which cannot yet be predicted. Thus, it Our practice continues its focus on civil litigation will be interesting to see how long before in Washington state and federal appellate courts. the Twombly/Iqbal heightened pleading standard is, once again, reviewed and contemplated by the Washington Catherine W. Smith State Supreme Court. However, for the Howard M. Goodfriend Of Counsel short term, plaintiffs in Washington can Valerie A. Villacin Malcolm L. Edwards breathe a sigh of relief. –––––– Robert G. Sieh Ian C. Cairns Nathalie Ben-David completed her un- 1109 First Avenue, Suite 500 dergraduate degree at the University of Seattle, Washington 98101 Washington and graduated from Seattle 206-624-0974 University School of Law in 2008. Her www.washingtonappeals.com practice area is focused on complex civil litigation in the field of personal injury and employment and labor law.

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22$PAC-019_Yokoyama_WA Washington State Bar NewsState Bar.indd | February 1 2011 9/27/10 1:22 PM

WA State Bar ~ 7.375 x 4.875 ~ 4C ~ October Insertion ~ Yokoyama Law’s Lighter Side

 If not, why not?

 Have you ever been declined for insurance coverage or a dinner invitation?

 How much, on average, do you tip the Time to Renew wait-person at a restaurant?  Do you have at least 15 independent by Steven A. Reisler  Do any past, current, or future clients not docket controls? Do you hold up your like you? pants with belt and suspenders and Vel- t comes at the end of the year cro? as regularly as the holidays, my  Do your clients send you Valentine’s Day WSBA license renewal invoice, and cards or e-mails written in all capital let-  Do you share office space with a non- the lengthening nights: the notice ters punctuated with many exclamation lawyer, full or part-time felon, or political from my professional E&O carrier marks? activist? explains that on a certain day of a certain month next year, at pre-  Have you sued any clients for fees in the cisely 12:01 a.m., my malpractice insurance preceding year? Iwill expire. The good news, my insurance carrier  Have any of your clients paid you in the explains in a cover letter, is that rates for preceding year? some areas of the practice of law have not increased in 2011. However, it furthermore  Do you love the law and does it love you? explains, if you actually “represent clients” and “charge for your services,” or if you  Are you on the Homeland Security Terror- practice in the fields ofcriminal law, per- ist Watch List? sonal injury, commercial litigation, insurance defense, family law, admiralty, patents  How do you know? or trademarks, arbitration, civil rights, international law, tax, estate planning, securities,  Do you always wear your lucky socks creditor-debtor law, bankruptcy, collections, when appearing in court? business formations, real estate, mergers and acquisitions, elder law, labor, administrative,  Have you ever in your career made a mis- aviation, healthcare, immigration, workers take in a case you were handling? compensation, antitrust, municipal, or environmental law, then, to account for actu-  If not, who do you think you are trying to arial fluctuations (i.e., my insurer’s need to kid? make a profit in unprofitable times), there will be a modest 100 percent to 300 percent  Have you ever smoked a cigarette, pipe, increase in your premiums next year. joint, or cigar at any time in your life, and In order to guarantee uninterrupted did you inhale? coverage, my insurer advises me to return the enclosed application four months ISTOCKPHOTO.COM/SPXCHROME  Do you or does any member of your firm © in advance, in response to which I will have any “bad or dangerous habits,” promptly receive a rate quote not sooner including: drinking (defined as imbib- than 30 minutes before my current policy  Does your neighbor’s dog like you? ing one or more alcoholic drinks a year), of insurance is due to expire. swearing, burping, eating to excess, bicy- I start to fill in the inquiry form:  Have you or any partner been the subject cling, skiing, commuting, texting, flossing of a disciplinary action? less than once a day, drinking more than  How many claims have been made, or one latte or espresso a week, smiling at could have been made against you or  Honestly now, do you think that you strangers, or thinking while intoxicated? your firm in the past 25 years? should be the subject of a disciplinary action?  Have you met all of your Continuing Legal  How many claims or incidents are you Education requirements? If so, attach a aware of that might, by any stretch of  Do you ever wake up in the middle of the separate affidavit attesting to what you your simple imagination, result in a night in a cold sweat worrying about one have learned this year, and why it took claim? of your cases? you this long to learn this stuff.

February 2011 | Washington State Bar News 23 the university of washington schools of I answer all the questions honestly. Then I start to fill in the chart describing the na- law, medicine, pharmacy & public health invite you to ture of my practice. Regulating Cancer Drug Treatment —  Do you practice in the area of medical malpractice? the form asks separately Who Decides & How? and ominously. The Intersection of Law, Science, Ethics and Public Policy Then, even more ominously, the form in- quires:

March 4, 2011 ~ One day symposium  Do you swear that you do not, have not, and will not participate in any class-ac- Special Guest tion or mass tort litigation or associate, socialize, or have a drink with any lawyer Dr. Richard Pazdur who does? Director, Office of Oncology Drug Products Center for Drug Evaluation and Research,  Do you represent avaricious and conniv- United States FDA ing tort victims, or do you represent poor, For more information, contact downtrodden, and injured multi-national ron collins [email protected] corporations?

 Have you ever read the disciplinary no- School of law tices in the back of your state’s bar journal and thought, “There, but for the grace of LeaDeRs foR THe GLobaL Common GooD God, go I?”

I fill in answers to all of the questions and prepare to submit the application. I attach the requisite law firm letterhead, spit on it to provide a DNA sample, and enclose a few strands of hair, a sealed vial contain- We’d Love to Share ing a urine sample, and a cotton nasal swab. Our Success Stories As I post the application in the mail, my assistant brings me a new insurance renewal application that just came in today’s ©iStockphoto.com/DanielLaflor But They Are Completely mail — it’s for my healthcare provider. I Confidential. open the envelope and start answering the questionnaire under penalty of perjury and Many lawyers, judges, and law students instant denial of coverage: struggle with depression, stress, addiction, and compulsive disorders, including problem  Do you or the members of your firm gambling. participate in any high-risk activities The WSBA Lawyers Assistance Program or practice in the areas of criminal law, provides confidential help for these issues. personal injury, commercial litigation, Our professional staff and trained volunteers insurance defense, family law, admi- can assist you — whether you need help or ralty, patents or trademarks, arbitration, are concerned about a colleague or family civil rights, international law, tax, estate member who needs assistance. planning, securities, creditor-debtor law, We have countless success stories, but we bankruptcy, collections, business forma- do our work quietly, confidentially, and tions, real estate, mergers and acquisi- professionally — so the stories stay with us. tions, elder law, labor, administrative, aviation, healthcare, immigration, work- 206-727-8268 • 800-945-9722, ext. 8268 ers compensation, antitrust, municipal, www.wsba.org/lawyers/services/lap environmental law . . . .

WSBA Lawyers Assistance Program Washington State Bar Association Steven A. Reisler practices law in Seattle, www.sarpllc.com.

24 Washington State Bar News | February 2011 We’re here to

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February 2011 | Washington State Bar News 25 RAISING THE BAR • The Promise of Civility in Our Profession

story? What behaviors promote practicing law with civility? Civility: Three themes are important when considering the development of intentionally civil behavior. These are consciousness, Power creativity, and community. Let me explore these briefly.

Beyond Consciousness The practice of mindfulness is one pathway Politeness to living and practicing more consciously, that is, intentionally. This is crucial for practicing law with civility. Living with awareness gives us the ability to manage by Stella Rabaut skillfully both our own emotions and emo- tional reactivity by others. Daniel Goleman onsider civility. Few words has described this as the essence of “emo- have been as poorly served tional intelligence.” Rather than reacting by their dictionary definition. emotionally to and escalating rudeness or The dynamic power of “civil- another’s act of incivility, a more aware re- ity” is trivialized when defined sponse can shift the context and transform Cas no more than: the moment. ISTOCKPHOTO.COM/KYCSTUDIO © Formal politeness and courtesy in Creativity behavior or speech the power of civility. Engaging in creative processes fosters civil- — Oxford English Dictionary In our law practice we may find our- ity by exercising the brain muscles that en- selves being misquoted, misrepresented, able us to imagine ourselves “outside of the The dynamic of civility has evolved or demeaned by colleagues. The challenge box.” Creative acts such as making music, beyond its definition to now describe an of responding with civility is a tough one. producing visual art, writing for pleasure, attitude and pattern of behavior that has Ours is a profession that does little to em- dancing, acting, and any type of play- great value and power. Civility is tough, phasize or encourage patience or humil- ing enable us to slow down and be in the substantive, and impactful upon others. ity. Some argue that acting with civility is moment. These types of activities reduce Not surprising, since it is essentially a habit weak, bordering on “unethical,” not zeal- stress and make us more likely to feel joy. of the heart. ously pursuing the client’s interests. They also sharpen our ability to maintain Last summer’s baseball season provided I am increasingly curious about civility. an open mind, see situations from multiple a memorable story. A well-intentioned and At the heart of the art of practicing law is perspectives, listen without predetermina- experienced major league baseball umpire the skill of using language and presence tion, and remain flexible. All of this sup- made a mistaken call with great conse- with care and civility. By contrast, conver- ports interactions that are civil, leading to quences. The pitcher, Armando Galarraga sations with colleagues frequently end up best outcomes. of the Detroit Tigers, had pitched a perfect with tales of egregious acts of incivility. game into the ninth inning. Then he was Thus, I have read articles and books, tuning Community robbed by a mistaken call from umpire Jim my antennae for positive stories from our While concern for another’s well-being may Joyce. The pitcher’s response was one of work settings. Core themes are arising, and seem beyond the call of duty, it is not beyond compelling civility; he embraced the hu- I have come to believe these three simple the call to civility. A deep appreciation for man nature of Joyce by simply stating, “We statements: our individuality and our membership in all make mistakes.” His manager reinforced shared community lies at the core of civil be- this by calling Joyce “one of the best in the Civility is contagious. havior. Self-interest can co-exist with altru- business.” Forgiveness can be the high- Civility is good for our health. ism in a form of “reciprocal altruism.” est form of civility as couched in graceful Civility is good for the bottom line. Evolutionary psychology now tells us words. George Will commented later that that sympathy for others is as deeply in- through this remarkable civility, the pitcher Assuming these three propositions to grained in human nature as the competi- and his manager had created a more rare be true, questions arise: Is civility a natu- tive instinct. Collaboration and bonding and memorable moment in baseball lore ral skill that we either have or don’t? Can are “epigenetic principles.” “Survival of the than simply another perfect game. Most it be taught and learned? Has each one of kindest” parallels “survival of the fittest.” memories of the action from last season us been heavily influenced in this matter Courteous behavior is not required by law, have vanished, but not this story. Such is by our own family culture and personal life but it is in our nature. We become stressed

26 Washington State Bar News | February 2011 when we forsake it. Ironically, we forsake it stakes are high and rising. This may not be man spirit while prac- when we become stressed. reflected in the dictionary, but it is happen- ticing law, designing Much of law practice is competition ing on the ground. retreats for lawyers and and conflict-based. Combine this with the judges. She has chaired demands and pace at which we live and the WSBA Professional- we have the recipe for incivility. Commu- ism Committee and is nal experiences that provide mutual social a life fellow of the State support reduce stress and generate civility. Bar of Texas. Stella con- Civility may begin as “formal politeness sulted with the Fetzer Institute on their Law and courtesy.” Consider the remarkable as a Healing Profession Program. As adjunct debasement of the use of language in soci- Stella Rabaut practiced law for over 20 years faculty at Seattle University School of Law, ety today. The issue of how we humans talk as an oil and gas attorney, general counsel to she designed and taught a course entitled with one another rises all the way to the a nonprofit organization, and solo practitio- “Transforming the Legal Profession: Emerg- question of the survival of the species. The ner. Her interest became sustaining the hu- ing Trends in the Practice of Law.”

Many law firms file class actions. Our results at trial set us apart. “I saw it in AT SGB, we have a reputation for tenacious pursuit of class actions on behalf of employees, consumers and homeowners. We have established cutting edge principles such as the compensability of drive time for Washington workers BarNews ” who are dispatched from home in company trucks. We have tried class actions Reach the audience you to verdict against some of the nation’s largest companies, such as Brink‘s, want. Walmart, IBP/Tyson, and Taco Bell. In fact, we recently won a Court of Appeals ruling against FedEx Ground establishing the proper test under state overtime Advantages of advertising law for classifying workers as employees rather than independent contractors. in Bar News: If you have a class action, we have the skill and resources to help. Call us for » Bar News circulation is more than 31,000. a referral or association. » Nearly 75 percent of the WSBA’s active members always or usually read Bar News. » Washington state lawyers and judges read Bar News more than any other legal publication. AdAm Berger, mArTin gArfinkel, kAThy goATer, m. lorenA gonzÁlez, lindSAy hAlm, » Bar News is the only legal magazine reBeCCA roe, And Bill rUTziCk received monthly by every practicing attorney in Washington state. Goldmark & Bender Schroeter ©2011

Bar News is published 12 times a year ASbeStoS-meSotheliomA environmentAl heAlth SeriouS AccidentS » & injurieS with more than 750 pages reaching civil rightS SexuAl AbuSe & ASSAult clASS ActionS mAritime lAW SociAl Security diSAbility readers. criminAl defenSe medicAl mAlprActice WorkerS compenSAtion employment lAW nurSing home AbuSe Wrongful deAth & product liAbility perSonAl injury To place an ad, contact WSBA Advertising Manager Jack Young at 206-727-8260 or [email protected]. 810 Third Avenue, Suite 500 | Seattle, WA 98104 206-622-8000 | 800-809-2234 | www.sgb-law.com | www.sgb-abogados.com

February 2011 | Washington State Bar News 27 Around the State

ing those making a significant impact in Ruth Esparza, Northwest Justice Project, their own communities. Wenatchee; Zabrina Jenkins, Starbucks The Council is composed of 25 leaders Coffee Company, Seattle;Jamila Johnson, from nonprofits, corporations, and founda- Schwabe, Williamson & Wyatt, Seattle; Ma- tions who are committed to social innova- sako Kanazawa, Office of the Attorney tion and civic engagement, including WSBA General, Seattle; Diane Meyers, Graham member Paula Boggs, who currently & Dunn, Seattle; Stephen Ssemaala, Of- serves as the executive vice president, gen- fice of the Attorney General, Olympia; and eral counsel, and secretary of Starbucks Cof- Lisa Tom, Microsoft Corporation, Red- fee Company. Boggs also serves as secretary ISTOCKPHOTO.COM/GREGORYOLSEN mond. Read more about the WLI at www. © of the Starbucks Foundation and is Wash- wsba.org/media/releases/wli0111.htm. ington’s state delegate to the American Bar Association House of Delegates. She serves 2010 WSBA Holiday Charity Auction on The Johns Hopkins University Board of It was another successful year for the Find out what your fellow attorneys are up Trustees, the American Red Cross Board of WSBA Staff Charity Auction and Talent to. See www.wsba.org/media/publications/ Governors, the Advisory Council for KEXP Contest. $4,120 was raised to benefit Tree- countynewsletters.htm for links to bar FM (an NPR affiliate), and Washington house, an organization “dedicated to giv- publications throughout the state. If you state’s Campaign for Equal Justice. In addi- ing foster kids a childhood and a future.” would like to contribute to Around the tion, Boggs has been part of several philan- The auction featured handmade gifts, State on behalf of your county, minor- thropic organizations, such as the boards of baked goods, and a staff poetry contest ity, or specialty bar organization, or if Legal Aid for Washington Fund, the Greater that brought in more than $1,300. The you have a law-related item of interest, Seattle YMCA, and the Seattle Art Museum. poetry contest winner, Office of Disci- send your submissions to aroundthestate President Obama said, “These impres- plinary Counsel paralegal Natalie Cain, @wsba.org. (Photo above: The Tacoma Nar- sive men and women have dedicated their performed an original poem on the theme rows Bridge links the cities of Tacoma and lives and careers to civic engagement and of famous baseball-related legal cases. Gig Harbor.) social innovation. I commend them for their Highlights of this year’s auction included: outstanding contributions to their com- a tin of homemade chocolate-covered tof- munities, and I am confident that they will fee, made by Erica Temple, which sold for Paula Boggs Appointed to White serve the American people well in their new $115; a Cessna plane ride for two, courtesy House Council for Community roles on the White House Council for Com- of Brooke Drumm (and her pilot father), Solutions munity Solutions. I look forward to working which went for $110; Italian holiday cook- In December, with them in the months and years ahead.” ies baked by Julia Nardelli Gross, which President Barack went for $60; and a wardrobe of American Obama signed Girl doll clothes, handmade by Christie an executive Toole (wife of WSBA President Steve order establish- Toole), which went for $135. ing the White House Council MELAW Holds Inaugural Banquet for Community On October 1, the Middle Eastern Legal Solutions. The Association of Washington (MELAW) had Council will pro- its inaugural banquet. Haleh Esfandiari, vide advice to the director of the Middle East Program at the President on the WSBA Leadership Institute Woodrow Wilson International Center Paula Boggs best ways to mo- Welcomes 2011 Class of Fellows for Scholars in Washington, D.C., was the bilize citizens, The WSBA Leadership Institute is pleased keynote speaker. Highlights of the evening nonprofits, businesses, and government to announce the 2011 class of fellows. included traditional Middle Eastern food, to work more effectively together to solve Selected from an outstanding pool of ap- a hookah auction, a traditional Afghani specific community needs. In addition to plicants, the class reflects the wealth of dance, and traditional Persian music providing advice to the President on solv- diversity and talent from communities performances. Representative Jim Mc- ing specific community needs, the White across the state. The WSBA Leadership Dermott also made a surprise showing, House Council for Community Solutions Institute, celebrating its seventh year of honoring award recipient Rita Zawaideh, has been tasked with three key functions: operation, welcomes the 2011 class of 12 owner of Caravan-Serai Tours. MELAW enlisting leaders in the non-profit, pri- fellows: Catherine Anderson, North- launched its legal clinic that evening and vate, and philanthropic sectors to make west Justice Project, Spokane; Diana Bob, celebrated two years of success as a new progress on key policy goals; providing Lummi Nation Office of the Reservation minority bar association. strategic input and recommendations Attorney, Bellingham; Twyla Carter, The MELAW has become active in commu- to help the federal government promote Defender Association, Seattle; Alberto nity activities, which include a kickoff recep- greater innovation and cross-sector col- Casas, Northwest Justice Project, Tacoma; tion in January 2009; co-presenting a Middle laboration; and honoring and highlight- Nicole DeNamur, Ashbaugh Beal, Seattle; East Speaker Series with the World Affairs

28 Washington State Bar News | February 2011 WSBA CHARITY AUCTION. Clockwise from top left: Auctioneer aide and WSBA MCLE Analyst Toni Wilde displays a wardrobe of doll clothes handmade by Christie Toole. Auction items await bidding. Treehouse representative Lindsay Davis discusses the needs of foster children. WSBA Executive Director Paula Littlewood introduces poetry contest winner Natalie Cain. Auctioneer and WSBA General Counsel Bob Welden calls out a winning bid. Photos by Todd Timmcke.

Council; participating in the launch of the lic. For more information on MELAW, see first time in 2011. Recognizing that clients Korematsu Center for Law and Equality; www.melegal.org. are best served by a team of attorneys and co-sponsoring the fourth and fifth Annual staff that is as diverse as the world in which Statewide Diversity Conferences; co-hosting Helsell Fetterman Announces they practice, Helsell Fetterman has created two Minority Bar Associations (MBAs) Fellowship this fellowship for diverse law students. The summer picnics; hosting booths at both Helsell Fetterman has created the Richard Richard S. White Fellowship includes both the Iranian and Arab Festivals; conducting S. White Fellowship, to be awarded for the a paid, 12-week summer associate position a membership retreat and annual meeting; holding a panel discussion with the ACLU on government surveillance; leading roundtable discussions to discuss how to collaborate and better serve the needs of the Middle Eastern community; participating in the Joint Committee on Law Firm Diversity; and meeting with the WSBA to modify the demographic forms to include Middle East- erners. MELAW is a nonprofit legal organization for attorneys and law students of Middle Eastern descent, along with their friends and supporters. MELAW seeks to advance the goals of its members, provide a legal voice for the Middle Eastern community in Washington, address and educate the public on legal and political issues facing Middle Easterners, and offer resources as well as networking and mentorship op- MELAW BANQUET. Left: MELAW member Polly Peshtaz performs a traditional Afghani dance. portunities for its members and the pub- Right: 2009–2011 MELAW President Aneelah Afzali makes a speech.

February 2011 | Washington State Bar News 29 LAMP AND NJP. Left to right: Daniel C. Russ, chair of the LAMP Section; Bruce MacDonald, VADM, JAGC, USN (Ret.); Jonathan Bridge, immediate past chair of the LAMP Section, co-CEO and general counsel for Ben Bridge Jeweler; Lauren Peach, new attorney and grant recipient; Steve Frederickson, advocacy coordinator, Northwest Justice Project; and Justice Bobbe Bridge (Ret.), founding president of the Center for Children & Youth Justice.

to celebrate its second year of community service and professional development for Filipino American attorneys in Washington. The theme of the event was “Celebrating Our Past, Present and Future: Working to Make History,” and was held at the Filipino Community Center in South Seattle. The and a $7,500 academic scholarship to be 1946 and left New York “for the wilds of the Barrio Fiesta was especially significant as remitted directly to the student’s law school Pacific Northwest.” In 1952, he joined the earlier this year, the State Senate voted at the beginning of the school year following Seattle law firm of Helsell Paul Fetterman unanimously to recognize October 2010 as the summer clerkship to assist in paying the (now Helsell Fetterman LLP), where he has Filipino National History Month in Wash- student’s tuition. practiced ever since. ington state. FLOW is a professional asso- The fellowship is named afterRichard ciation of lawyers dedicated to fostering the S. White, who was born in New York City in WSBA LAMP Section Donates to NJP exchange of ideas and information among 1920. He graduated from Phillips Academy in Honor of Jonathan Bridge and between its members and other mem- (Andover), Hamilton College, and Yale Law At its annual meeting in September, the Le- bers of the legal profession, the judiciary, School, where he was a member of the board gal Assistance to Military Personnel (LAMP) and the community. Since its formation in of the Yale Law Journal and won the prize for Section donated $1,500 to the Northwest 2008, FLOW members have been dedicated best mock court presentation to a jury. With Justice Project (NJP) for Lauren Peach, re- to giving a voice to Filipino-American at- the outbreak of World War II, White joined cipient of the Equal Justice AmeriCorps Vet- torneys on important legal issues in Wash- the U.S. Marine Corps and studied Japanese erans Fellowship. The donation was made ington. For more information on FLOW, see at the Navy School at the University of in honor of Jonathan Bridge, immediate www.filipinolawyers.org. Colorado in Boulder. He became a Marine past-chair of the LAMP Section. combat intelligence officer, serving with Washington Women Attorneys of the 28th Marine Regiment. After serving Filipino Lawyers Hold Barrio Fiesta Influence in the military and a stint in peacetime In October, the Filipino Lawyers of Wash- On November 18, the Puget Sound Business Japan, White finished law school at Yale in ington (FLOW) held its annual Barrio Fiesta Journal held its annual Women of Influence Awards ceremony in Bellevue. The event honors women within the business community who have the authority and power to “move the needle” in their business; are respected for accomplishments within their industries; give back to the community; and are sought out as respected advisors and mentors within their field of influence. Of this year’s recipients, nearly a third are WSBA members: Paula Boggs, executive vice president, general counsel, and secretary, Starbucks Corporation; Patricia Buchanan, founding principal, Patterson Buchanan Fobes Leitch & Kalzer Inc. PS; Karen Daubert, executive director, Se-

FLOW BARRIO FIESTA. Members of the FLOW Board pose with the scholarship recipients, keynote speaker Kimberley A. Walden, and Community Service Award co-recipient Rey- naldo Pasuca. Photo by Buds B. Dumlao.

30 Washington State Bar News | February 2011 attle Parks Foundation (retired); Kimberly foreclosure practices and procedures. federal and state government enforcement Harris, president, Puget Sound Energy; The task force will assist clients in formu- actions, class actions, loan-level litigation, and Judith Runstad, of counsel and for- lating a coordinated, nationwide defense to and commercial disputes; providing elec- mer managing partner, Foster Pepper PLLC. a wide range of allegations, from inadequate tronic discovery services; and serving as a Congratulations to these inspiring and in- documentation and wrongful foreclosure policy and government affairs counselor be- fluential women. to lack of standing to foreclose and failure fore Congress, executive agencies, and state to comply with affidavit and notarization equivalents. Legal Foundation of Washington requirements, among others. The group Announces Officers draws upon lawyers from diverse practice WSAJ Elects New President and Rec- At its November meet- areas with vast experience in counseling ognizes Award Honorees ing, the Board of Trust- residential mortgage loan servicers on com- The Washington State Association for Jus- ees of the Legal Foun- pliance with state servicing laws; initiating tice (WSAJ) announced in August the elec- dation of Washington and conducting internal investigations; tion of Carol N. Johnston as its president, unanimously elected defending lenders and loan servicers in and honored the efforts of several lawyers Art Wang, Washing- ton Employment Secu- rity Department, as the Foundation’s president Art Wang for 2011. Pamela J. De- Rusha, U.S. Attorney’s Office, was elected vice president; Barbara A. Fox, limited Litigators make things complicated. practice officer and escrow officer, was elected secretary; and Gary Melonson, associate director, investments, Oppen- Trial lawyers keep things simple. heimer & Co., was elected treasurer. Both DeRusha and Melonson were re-appointed to their second two-year terms by the Washington State Supreme Court and Governor Gregoire, respectively. Return- ing WSBA Board of Governors appointees are Judge Theodore Spearman, Kitsap County Superior Court; Paul Mack, Spo- kane attorney; and Martin S. Garfinkel, Schroeter Goldmark & Bender. Wash- ington State Supreme Court appointees Richard E. Mitchell, Summit Law Group, returns for the second year of his first term, and Elizabeth Thomas, K&L Gates, began her first two-year term on January 1. K&L Gates Forms U.S. Foreclosure Task Force Increased scrutiny of mortgage servicers’ foreclosure practices during recent months — including accusations of inaccurate and fraudulent paperwork; self-imposed morato- riums; threats of lawsuits; and calls for hearings, investigations, and federal and state legislation, among much other activity — has left loan servicers across the United States scrambling to ensure that they have procedures in place to comply with applicable laws and to brace for possible challenges to their 1501 Fourth Avenue, Suite 2800 · Seattle, WA 98101 past practices. Having advised and litigated on loan servicing and foreclosure issues for a Tel: 206-624-6800 · www.pypfirm.com number of years, global law firm K&L Gates LLP has assembled a cross-disciplinary team commercial · medical negligence · personal injury to assist clients in addressing questions and responding to allegations regarding their

PYP_BarNews_Mar10vfin.indd 1 2/2/10 11:28 PM February 2011 | Washington State Bar News 31 for their contributions to fairness and jus- Washington State Supreme Court Justice to his clients. Seattle attorney Jo-Hanna tice. Johnston is a partner in the law firm Faith Ireland received the Carl Maxey Read was honored with the Public Justice of Otorowski Johnston Morrow & Golden Award for her sustained commitment to Award for her efforts, courage, and innova- of Bainbridge Island and Seattle, and she is and promotion of diversity in the legal pro- tive work to help create a more just society. also a registered nurse. Her practice focuses fession. The Pillar of Justice Award which Read has dedicated her career to being an on medical negligence. honors those who go beyond the call in advocate for abuse survivors. The Ready WSAJ recognized six individuals for their contributing to WSAJ and its mission of pre- to Soar Award is presented annually to an work to preserve the civil justice system and serving the civil justice system for the people outstanding WSAJ member in practice for protect the public. Spokane attorney Mark went to Seattle attorney Bob Dawson for less than five years. Seattle attorney Angela Kamitomo earned this year’s Trial Lawyer advancing the cause of justice by being a Macey-Cushman’s peers nominated her of the Year award for fighting with wisdom mentor to countless lawyers and law stu- for her energy, intelligence, and dedication and compassion to secure justice for those dents. Tacoma attorney Stephen Bulzomi to the practice of law. She has generated who have been unfairly injured and harmed was awarded the President’s Award for his innovative ways for the WSAJ New Member by the powerful and privileged. Former commitment to WSAJ, its members, and Committee to engage law students.

In Brief… Ralph J. Brindley ~ Named by Best Lawyers as 2011 Judith Runstad, Foster Pepper of coun- Seattle Medical Malpractice sel and land use attorney, has been named to serve on Governor Christine Gregoire’s Lawyer of the Year newly formed Higher Education Funding Task Force. The new group will help create After more than twenty-five years in a sustainable funding model and develop publication, Best Lawyers has strategies that increase compiled its 17th Edition of The Best accountability to ensure taxpayers get Lawyers in America, and has named the best value for the Ralph J. Brindley as Seattle Medical state’s and students’ Malpractice "Lawyer of the Year" for investment at our four-year universities. 2011. Associate Jeff Lane, of Foster Pepper’s Health Judith Runstad The lawyers being honored are selected Care practice group, after review of exhaustive surveys has been selected to serve on the Working submitted by thousands of leading Group and Public- lawyers, in which they confidentially Private Partnership evaluate their peers. To have received Subcommittee for this award speaks to Mr. Brindley's Global Health Nexus, Seattle. Global Health Finding Truth high rating among his peers, indicating Nexus, Seattle is an and the utmost level of respect for his initiative of the Wash- Accountability outstanding abilities, professionalism, Jeff Lane ington Global Health and integrity. Alliance in partner- in Major ship with the Wash- Damage Claims ington Biotechnology The Luvera Law Firm congratulates and Biomedical As- Mr. Brindley on having achieved this sociation and Pros- honor, and is proud to announce that in perity Partnership. Sven Peterson, also 2010, five members of the firm have an associate in Foster www.luveralawfirm.com been recognized by the publication: Pepper’s Health Care (206) 467-6090 Paul Luvera, Ralph Brindley, Joel practice group, has Sven Peterson Cunningham, Robert Gellatly, and been recognized for his work for Washington Appleseed with the David Beninger. organization’s 2010 Award for Pro Bono Ser- vice. Peterson, together with Bill Gates Sr.,

32 Washington State Bar News | February 2011 were recognized for outstanding commu- commitment to justice and was presented during the 27th An- nity service at Washington Appleseed’s an- at the Public Justice Foundation Annual nual Conference held nual luncheon in October. Washington Ap- Gala and Awards Dinner in July in Vancou- in San Francisco in pleseed advances social justice by bringing ver, BC. The award recognizes Stritmatter’s July. Prior to being together volunteer lawyers and community 40-year commitment to access to justice elected to the Nation- partners to develop systemic solutions to and his dedication to seriously injured cli- al Executive Board community needs. Seattle Magazine has ents. Stritmatter was one of the founders of of the NBPA, Foster named Foster Pep- the Trial Lawyers for Public Justice (now PJ). served as the Pacific per PLLC trial lawyer Northwest regional Tom Ahearne one of Alexis T. Foster, deputy prosecuting at- director for the orga- Alexis T. Foster the most influential torney with the Kitsap County Prosecut- nization. Foster joins people of 2010 for his ing Attorney’s Office, ran successfully for Tom Morris, another Kitsap County dep- role as lead plaintiffs’ the position of secretary of the National uty prosecutor, in serving on the Executive counsel in McCleary v. Black Prosecutors Association (NBPA) Board of the NBPA. the State of Washing- ton. In its November Tom Ahearne issue, Seattle Magazine says, “Undertaking the biggest education-finance lawsuit in three decades, Ahearne and his team shined a glaring spotlight on the state’s failure to provide — in the words of King County Supe- Greg Guedel rior Court Judge John Erlick — ‘ample, stable, and dependable funding’ to the state’s one million public school-children.” The American Bar Asso- ciation (ABA) named Greg Guedel, chair of Foster Pepper’s Native American Legal Services Group, as chair of its national Native American Concerns Committee in August. The Committee works to guide the development of federal law in support of tribal sovereignty and self-governance, and furthers the federal trust responsibility and government-to-government relationship between tribes and the United States.

YMCA of the USA announced in July the appointment of Judge Richard A. Jones to its national Board of Directors. The 28-member board establishes policy and strategic direction for YMCA of the USA, the national resource office for the country’s 2,687 Ys. Judge Jones is a U.S. District Court judge for the Western District of Washington in Seattle.

At the ABA annual meeting in August, Benes Aldana was elected vice chair of the ABA General Practice, Solo, and Small Firm Division.

Public Justice Foundation (PJ) has honored Stritmatter Kessler Whelan Coluccio attorney Paul Stritmatter with its highest award. The award was given for lifetime

February 2011 | Washington State Bar News 33 For a second consecutive year, Informa- the Association of Tran, and Kevin Wallace have been tionWeek magazine has ranked global Washington Business named by the Puget Sound Business Jour- law firm K&L Gates LLP among the top (AWB) at their 21st nal to their 2010 list of “40 Under 40 Top 250 companies in the publication’s an- Annual Policy Sum- Young Business Leaders.” According to nual listing of the United States’ most mit in September. The the Business Journal, those named are innovative users of business technology. award is in honor of center stage in the Puget Sound business The award, announced during Septem- Gingold’s many con- community, working hard to drive the ber’s InformationWeek 500 Conference, tributions to AWB. economy and demonstrating dynamic honors K&L Gates for its Enterprise Data Gingold has practiced leadership. Warehouse system used to facilitate data Jeffrey L. Gingold law with Lane Pow- integration of the firms with which K&L ell for 16 years, focusing on the areas of Gates has combined in recent years. healthcare and insurance regulation.

Seattle attorney Jeffrey L. Gingold was Washington attorneys Aaron Kornblum, presented the S. Fred Bruhn Award by James Mischel, Timothy Punke, Kim

Public Project on Your Mind?

Commissioner Eric B. Watness U.S. Congressman Jay Inslee selected Eric B. Watness, King County Superior Court commissioner, as a 2010 Angel in AdoptionTM for his outstanding advocacy of adoption and foster care issues. The Congressional Coalition on Adoption In- stitute (CCAI), which orchestrates the An- Condemnation and Real Estate Value Disputes gels in Adoption Program, honored Wat- ness, along with more than 190 Angels, Larry Smith, Jeffrey Beaver, Marisa Lindell and Matt Hansen at an awards ceremony and gala event in Washington, D.C., in October. Watness

Pier 70, 2801 Alaskan Way | Suite 300 | Seattle 98121-1128 | [email protected] | 206.624.8300 was honored for his tireless efforts to improve efficiency in the juvenile court system in Washington state, helping to place children in permanent adoptive homes and out of foster care. Accounts Receivable Regional law firmSchwabe, Williamson & Wyatt recently received a National Tier 1 ranking in the Timber Law category for the 2010 Best Law Firms rankings, which were released by U.S. News Media Group and Financial Services Best Lawyers in September. The firm was also honored with the inaugural 2010 Puget “Collection Services for the Legal Professional” Sound Association of Legal Administrators Skip Tracing (PSALA) Achievements in Sustainability • Award. With this award, PSALA recognizes • Asset Searches legal organizations that demonstrate excel- • Enforcement of Judgments lence in business practices that promote Credit Bureau Reporting social equity, economic growth, and envi- • ronmental benefits. Schwabe, Williamson • Settlement Negotiations & Wyatt attorney Matthew Turetsky joined the board of directors for YouthCare. Founded in 1974, YouthCare works to build 1402 Third Avenue, #619 • Seattle, WA 98101 • (206) 340-0883 confidence and promote self-sufficiency for homeless and underserved youth by pro-

34 Washington State Bar News | February 2011 Family l aw viding shelter, hope, and support. He also joined the board of directors for Stroum Jewish Community Skillful, tenacious and Center (SJCC). The SJCC is dedicated to careful representation the enrichment of life Matthew Turetsky for the Jewish and in complex family law general communities in the greater Se- matters involving significant Super Lawyers 2001-2010 attle area. Associate Fellow – American Academy Jamila Johnson was estates and business or of Matrimonial Lawyers recently appointed by Seattle Mayor Mike professional practice issues. McGinn to the Seattle Women’s Commis- AV rated by sion, where she will Jamila Johnson serve as the Commis- Martindale-Hubbell. sion co-chair. The Seattle Women’s Com- mission advises the mayor, city council, and city departments on issues that impact the women of Seattle. Associate Virginia Nich- olson was recently voted onto the board of directors for Family Law Court Appointed Special Advocates (CASA) of King County. Family Law CASA is a nonprofit organization that focuses on the needs of children in high-risk custody cases in King County.

In October, Perkins Coie LLP announced that it has earned the top rating of 100 percent in the Corporate Equal- ity Index (CEI) and Best Places to Work 2010, an annual survey administered by Washington State Bar News the Human Rights Campaign Founda- tion. Firms and businesses receive top Spring 2010 marks for their treatment of lesbian, gay, Size: 4.75 x 4.625 bisexual, and transgender employees and consumers.

For the second consecutive year and the fourth time since 2006, Seattle-based law firm Hagens Berman Sobol Shapiro LLP earned a spot in the October Na- tional Law Journal’s prestigious “Plain- tiff ’s Hot List,” an award given to the top 12 plaintiff law firms in the country that demonstrate impressive verdicts and settlements, and those firms taking on cases of significant public importance.

The WSBA Administrative Law Section Executive Committee selected Jeff Goltz, chair of the Washington Utilities and Transportation Commission, as recipient of the 2010 Frank Homan Award. The award is given to persons in recognition of noteworthy contributions to the improve-

February 2011 | Washington State Bar News 35 SPEEDING TICKET? ment or application McKeown excelled TRAFFIC INFRACTION? of administrative as a trial and appel- CRIMINAL MISDEAMEANOR? law. Before coming late lawyer in Seattle to the Commission, and Washington, D.C., Goltz practiced law for with Perkins Coie LLP. 34 years, 30 of which She founded the firm’s were in the Washing- intellectual property ton Attorney General’s practice, litigated an- Office, and served as Judge M. Margaret titrust and constitu- Jeff Goltz head of the Utilities McKeown tional law matters, and Transportation Division of the Attorney and represented high-profile clients. Her General’s Office, as head of the Ecology -Di significant pro bono contributions in civil Keep it off your record, Keep insurance costs down vision, and as an assistant attorney general rights litigation included sex discrimina- both in the Ecology and Revenue Divisions. tion, privacy and strip search cases, serving JEANNIE P. MUCKLESTONE, P. S. Goltz has participated in numerous contin- as lead counsel in the challenge to admit PO BOX 565 ued legal education programs on adminis- women to Seattle’s Rotary Club, and argu- Medina,Washington 98039 trative law, utilities law, and other topics. ing before the U.S. Supreme Court. (206) 623-3343 [email protected]@msn.com American Bar Association President Ste- The Washington De- www.muwww.mucklestone.comcklestone.com phen N. Zack appointed Hon. Charles fense Trial Lawyers Z. Smith, retired Washington State (WDTL) has named • Successful Results • Extensive experience Supreme Court justice, and Horacio E. James S. Rogers • Former Judge Pro Tem in King County Gutierrez, deputy general counsel of “Outstanding Plain- • Featured in Vogue magazine May ’03 as a top lawyer for women in Washington Microsoft Corp., to the new ABA Com- tiff ’s Trial Lawyer of • Front page of Seattle Times “Drivers fighting tickets and winning” June 1, 2006 mission on Hispanic Legal Rights and the Year” for 2010. • Visa/Mastercard accepted Responsibilities in October. The Commis- The WDTL presented sion will hold public hearings throughout this award to Rogers the year in order to generate testimony James S. Rogers at its annual Judicial from a broad coalition of lawyers, judges, Reception at the Dorsey Whitney law legal and social science scholars, and firm in November. elected officials in the Latino community TRADEMARK focusing on the most pressing legal is- In November, Kimberly Ellwanger, Copyright & Patent Searches sues facing the Latino community. Issues director of Heritage Financial Corpora- “Experienced Washington office include voting rights, immigration, civil tion, was selected as a 2011 DirectWom- for attorneys worldwide” rights, and access to the courts. en Board Institute member. DirectWom- en Board Institute is a program designed FEDERAL SERVICES & RESEARCH: King County Superior Court Judge Joan to identify and promote qualified wom- Attorney directed projects at all Federal E. DuBuque was honored in October en lawyers to serve on corporate boards agencies in Washington, DC, including: USDA, TTB, EPA, Customs, FDA, INS, by the King County Coalition Against of public companies. FCC, ICC, SEC, USPTO, and many others. Domestic Violence in recognition of her Face-to-face meetings with Gov’t officials, Freedom of Information Act requests, many efforts to educate, promote, and Clark County Superior Court Judge copyright deposits, document legalization coordinate domestic-violence preven- Barbara Johnson received the 2010 @ State Dept. & Embassies, complete trademark, copyright, patent and TTAB tion services on both local and national Vocational Service Award from Rotary files. levels. Since 2004, Judge DuBuque has Club of Vancouver and Columbia River COMPREHENSIVE: U.S. Federal, been the chair of the King County Do- Economic Development Council in Oc- State, Common Law and Design searches, mestic Violence and Child Maltreatment tober. The award recognizes an individ- INTERNATIONAL SEARCHING Coordinated Response Project. The ual in the community who exemplifies EXPERTS: Our professionals average over 25 years experience each project involved the work of a multi-dis- enduring commitment to their busi- FAST: Normal 2-day turnaround ciplinary leadership group, community ness or profession over a significant with 24-hour and 4-hour service available participants, and cooperating parties in number of years. Region Four, comprising King County. GOVERNMENT LIAISON SERVICES, INC. 200 N. Glebe Rd., Suite 321 Pierce County Superior Court Judge Lin- Arlington, VA 22203 The ABA Commission on Women in the da Lee received the 2010 Judge of the Year Ph: 703-524-8200, Fax: 703-525-8451 Profession presented the Margaret Brent award from the Asian Bar Association

Minutes from USPTO & Washington, DC Women Lawyers of Achievement Award to of Washington. The award honors those M. Margaret McKeown TOLL FREE:1-800-642-6564 Judge in August. members of the judiciary who support the Judge McKeown was honored for her sense legal needs and interests of the Asian Pa- www.GovernmentLiaison.com [email protected] of new possibilities shared by so many cific American community by promoting women of the post-war generation. Judge justice, equity, and opportunities.

36 Washington State Bar News | February 2011 In Memoriam

This In Memoriam section contains brief Scott Caplan died October 5, 2010, at the raised money for cancer research through obituaries of WSBA members. The list is not age of 49. the Relay for Life. complete and contains only those notices that James Connolly died on December 22, the WSBA has learned of through newspapers, Christian C. Casad 2010, at the age of 58. magazine articles, trade publications, and Christian Casad, of Port Orchard, spent his correspondence. Additional notices will ap- law career in the Kitsap County Prosecutor’s Thomas C. Dickson pear in subsequent issues of Bar News. Please Office and rose to the position of case man- Thomas Dickson received his law degree e-mail notices or personal remembrances to agement division chief. He was born in San from the Saint Louis University School of [email protected]. Diego and grew up in London, England, and Law. He enlisted in the United States Army, Lake Forest Park and Edmonds, Washing- serving in military intelligence, and rose ton. He received his law degree from the UW to the rank of captain while serving two Paul Thomas Adams Jr. School of Law and joined the Kitsap County tours of duty in Vietnam. He was awarded Paul Adams Jr. grew up in Michigan. He re- Prosecutor’s office in 1977. He was a past the Bronze Star, National Defense Service ceived his bachelor’s degree from Western president of the Kitsap County Bar Associa- Medal, Vietnam Service Medal, and the Re- Michigan University, and his law degree tion and the South Kitsap Kiwanis Breakfast public of Vietnam Campaign Medal for his from the University of Idaho School of Law. Club. Casad was on the board of the Kitsap service. He was an administrator for Sno- He was an avid supporter of human rights, Helpline Food Bank. He enjoyed music, fan- homish County Council, an environmental an accomplished musician, an expert fisher- tasy football, darts, beer-making, and poker. and natural resource management attor- man, and a fan of science fiction. Christian Casad died November 26, 2010, ney, and a volunteer arbitrator and media- Paul Adams Jr. died November 6, 2010, at at the age of 57. tor focusing on government affairs. An avid the age of 59. sportsman, Dickson enjoyed whitewater John Clark rafting, hiking, and camping. Lee A. Baker John Clark, a prominent defense attorney Thomas Dickson died on November 11, Lee Baker was a longtime Vancouver crimi- and former race car driver, was passion- 2010, at the age of 68. nal defense attorney. After law school, he ate about helping people in legal trouble started working for prominent criminal — often without pay. He was honored Nina Harding (Euphemia Correy) defense lawyer Darrell Lee. There, he met with the Spokane County Bar Association Nina Harding, born Euphemia Correy, was George Brintnall and the two opened a law (SCBA) 2010 Smithmoore P. Myers Pro- born in Boston and grew up in Massachu- firm in 1989. Baker had a great sense of hu- fessionalism Award in recognition of his setts. Despite graduating with high honors, mor and was known to always wear a cow- work, and he served as SCBA’s 2008–2009 she was denied a scholarship to a teacher’s boy hat and boots to court. He practiced law president. Although he was diagnosed in college because of her race; nevertheless, for 24 years and spent a great amount of his 2008 with cancer of the appendix, he did she earned her undergraduate degree from time representing low-income clients. not allow his illness to keep him from his the University of Washington and her law Lee Baker died December 26, 2010, at the work and was busy until the final weeks degree and a master’s in public administra- age of 56. of his life, said his wife, Superior Court tion from Indiana University Bloomington. Judge Ellen Kalama Clark. Harding was passionate about law, edu- Alan C. Butterfield John Clark died on October 8, 2010, at the cation, community activism, and cancer Born in Seattle, Alan Butterfield graduated age of 58. prevention; she knitted hundreds of hats, from Snohomish High School and the Uni- shawls, and scarves for oncology patients. versity of Washington. He served in Vietnam James A. Connolly She taught law-related courses at the uni- from 1967–1968. He received his law degree James Connolly grew up in Shelton. He at- versity and community college level for from the University of Oregon School of Law tended Gonzaga University and earned many years, and launched a successful and began his career as a City of Lynnwood his law degree from Willamette Univer- GED education program for inmates of Se- attorney. He went into private practice in sity College of Law. He moved to Olympia attle’s King County Jail. Lake Stevens and practiced for nearly 37 and worked as a law clerk and eventually Nina Harding died on November 12, years. He was a member of Christ the King became a partner in the firm now known 2010, at the age of 72. Lutheran Church, Lake Stevens Lions Club, as Connolly, Tacon, and Meserve. In 2010, the Board of Bethany Foundation, and the he received the Daniel Bigelow Award for Jerry L. Kagele American Legion. attorney of the year from the Thurston Jerry Kagele grew up in Ritzville and gradu- Alan Butterfield died November 5, 2010, County Bar Association. Connolly loved ated from Ritzville High School. He received at the age of 67. many things, including salmon fishing and his undergraduate degree from the Univer- shrimping on Hood Canal at the family sum- sity of Kansas Law School and his master’s Scott D. Caplan mer cabin, St. Michael Catholic Church, the of law degree in international law from Scott Caplan was born in Portland, Oregon, Mariners, Gonzaga basketball, Lewis and Georgetown University. He established his and went to Lakeridge High School. He Clark, volleyball, poker, Italy, and telling own firm, Kagele Law Office, which focused earned his J.D. from Lewis and Clark Law long jokes. He served on the founding board on immigration, real estate, and contract School. He volunteered many hours coach- of John Paul II Catholic High School, and the law. He was for many years an adjunct law ing youth sports teams, and his positive atti- Olympia Heritage Commission. For several professor of international law at Gonzaga tude had a powerful impact on every player. years, he was very involved as his law firm University. In 1976, the president of Colom-

February 2011 | Washington State Bar News 37 bia appointed Kagele as Colombian consul a J.D. from the University of Chicago Law ed Drake University, and received his law general, a prestigious position that he School. She clerked for the Sixth Circuit degree from the University of Puget Sound held for many years. Fluent in Spanish Court of Appeals. She was most proud of her School of Law. He practiced law throughout and German, he was an avid international children and passionate about reading and his entire career in the Kitsap area. His pas- traveler; he enjoyed cooking and dinner travel. She and her husband retraced their sions were camping, fly-fishing, travel, and parties, at which he prepared food re- honeymoon trip to Ireland in the summer of spending time in Belize with his family. flecting the cuisine of the country he had 2010 with their children. Terry Oostenbrug died October 6, 2010, most recently visited. He was also a tenor Elizabeth Korrell died November 13, at the age of 60. in the Spokane Chorale, a trustee for the 2010, at the age of 42. Spokane Symphony, and an accomplished Judge Hardyn B. Soule blacksmith; the Spokane Symphony’s con- William Q. Marshall Judge Hardyn Soule was born in Tacoma ductor podium was his own creation, and William Marshall graduated from Seattle’s and attended Stadium High School. He in 2002 received the Joe Humble Newslet- Roosevelt High School and majored in eco- earned his law degree from the UW School ter of the Year Award for his work as editor nomics at the University of Washington. He of Law. Early in his career, Hardyn worked of the Hot Iron News. was a member of the UW School of Law’s as a Pierce County deputy prosecutor and Jerry Kagele died on November 4, 2010, at class of 1955. He formed his own practice in the late 1930s, he worked for the U.S. De- the age of 65. with an office in Seattle’s Central Building. partment of Justice and helped acquire land In general practice, he secured the first dis- for Olympic National Park. He spent 27 years Keith J. Kuhn ability pensions awarded to both a husband as a judge for Pierce County Superior Court Keith Kuhn was born in Buffalo, New York. and a wife in Washington. His practice cen- and the State Court of Appeals. He gave gen- He practiced at Lee Smart P.S. in Seattle. He tered on representing Washington freight erously of his time to the Tacoma YMCA and was passionate about his family, his faith, carriers. He loved golf, reading history and Boy Scouts of America. He played bagpipes the arts, and his career. biographies, was an accomplished jazz pia- with the Clan Gordon Pipe Band and Wash- Keith Kuhn died November 15, 2010, at nist, and coached Little League baseball. ington Scottish Pipe Band. the age of 53. William Marshall died November 30, Judge Hardyn Soule died November 25, 2010, at the age of 81. 2010, at the age of 94. Elizabeth W. Korrell Elizabeth Korell, of Seattle, graduated from Terrance W. Oostenbrug Wilbur H. Sebree Xavier University in Cincinnati and earned Terry Oostenbrug was born in Iowa, attend- Wilbur Sebree graduated from Spring Ar- bor University in Spring Arbor, Michigan, worked as a probation officer in Phoenix, Arizona, and studied psychology at Arizo- Protect Your Clients While We Protect You na State University graduate school. He received his law degree from Arizona State The Lawyers for the Profession® University College of Law and practiced Practice Group provides: law in Phoenix for two years before moving to Seattle. He worked as an attorney in  Lawyer Crisis Management the Seattle for 29 years. He loved animals  Ethics Advice: Formal and and sports of all kinds and was an accom- Informal Opinions plished athlete.  Lawyer Disciplinary Defense Wilbur Sebree died December 4, 2010, at  Law Ofﬁ ce Risk Management the age of 61.  Law Firm Organization and Dissolution Leon A. Uziel We regularly publish electronic A native of Seattle, Leon Uziel attended alerts on cases and ethics opinions Garfield High School and the University of interest to lawyers. of Washington, where he earned his law & CULBERTSONLLP degree. He practiced law for more than Recent topics include: 1000 SW Broadway 50 years and managed his own firm. He Suite 1250  FTC Issues Rule Governing Mortgage loved art, reading, traveling, reciting his Portland, Oregon 97205 Relief Providers; Includes Lawyer own work at poetry slams, the Mountain- 503-243-3243 Exemption eers, and the Seattle Symphony’s New [email protected]  Future Conflict Requires Knowledge of Year’s celebrations. www.hinshawlaw.com Specific Adversity or Particular Clients Leon Uziel died November 20, 2010, at www.lawyeringlaw.com Who May Be Involved the age of 84.

Licensed to practice in To ﬁ nd these alerts and others, Bar News has also learned of the death of Washington State visit our website at: http://www.hinshawlaw.com/publications/alerts Ronald D. Estes, a Wenatchee attorney, who died November 3, 2010, at the age of 57.

38 Washington State Bar News | February 2011 read it in DeNovo y WashingtonW State BarLD Association The Official Publication of the Washington State Bar Association Young Lawyers Division YOUNG LAWYERS DIVISION

legislation regarding student loans to mini- These two articles appear in the latest edition of De Novo, the official online mize payments, save up money from your publication of the Washington Young Lawyers Division (WYLD). Go to www. barista job, and sublet your apartment for a wsba.org/media/publications/denovo/denovo0211.pdf to read more articles few months. There are numerous forums to and for the latest on the WYLD. look for international volunteer opportunities, including the fabulous www.pslawnet. org. London-based Advocates for Interna- United Kingdom to pursue an LL.M., and tional Development (A4ID) maintains a da- for a time found myself in the unique situ- tabase of international non-governmental ation of being a Washington state lawyer organizations (NGOs) looking for volun- able to live and work in the U.K. The twists teer lawyers at www.a4id.org/placements. and turns of life meant I ultimately ended I interned at A4ID, and found a pro bono up back in the United States, but with a opportunity at Minority Rights Group In- new understanding of how to be involved ternational through their database. in the legal field as a “foreigner.” You may find it more worthwhile to Probably the most important thing to spend your jobless or underemployed consider when looking for jobs outside time supporting human-rights organiza- Washington state is that the economy is tions in the developing world instead of

ISTOCKPHOTO.COM/SCOTTHORTOP bad worldwide. Just as in the United States, taking on a low-paying job in your home- © lawyers abroad are working in other fields town to make ends meet. The decision while looking for the elusive entry posi- may spur a short-term money crunch, tion. A Swiss lawyer friend working with but will ultimately boost your résumé and Foreign children replies, “Because I couldn’t get a may spark a job prospect. job,” when asked about his career change. Want more structure? Consider the Nonetheless, opportunities exist for those Peace Corps or a similar organization. Concept who want to leave our fair shores. The cons include a longer assignment, but One option is to consider a position may provide benefits such as established teaching American-style legal writing to healthcare and safety planning — not Explore working foreign lawyers. With English being the to mention deferred student loans. Al- abroad before current world language of commerce and though I do not have personal experience industry, foreign or international corpo- with such service, I drooled over an ap- giving up on a rate law firms sometimes employ native parently like-minded lawyer’s blog: http:// legal career English-speaking attorneys to teach legal quinnunc.blogspot.com/2009/03/lawyers- writing skills to their local attorneys. While dont-surf.html. by Arundel Pritchett possibly not providing the high-paced Another option is practicing American courtroom action you may have envisioned law abroad. The big international firms are hat there is a shortage of as a 1L, such jobs usually offer decent pay a good place to begin a search, but there entry-level law jobs is old news. and provide an opportunity to see how law are American lawyers practicing federal When recently asked how many is practiced in another country. law such as tax or immigration in many applications I had turned in be- A major hurdle is locating such oppor- countries worldwide. Finding such work fore receiving an offer, I had no tunities. While positions are sometimes may necessitate extensive networking, Tidea — it must have been several hun- posted on job search sites, unsolicited let- not to mention assistance with obtain- dred. It’s easy to get discouraged and start ters and extensive networking are often ing a work permit, but the jobs do exist. thinking about other fields of employ- necessary. Know somebody who practices Consider writing smaller American firms ment. While taking on a non-law job while international business law? Ask him to abroad to inquire about possibilities. looking for a legal position may be a ne- mention to foreign colleagues that you are There are, of course, some cons to cessity to pay those omnipresent bills, ex- looking for such a position. Experienced working abroad. Beside the issues inher- panding your search field within the legal legal writing instructors may be able to go ent to living abroad no matter what your profession can’t hurt. abroad through grants such as a Fulbright. situation (culture shock, anyone?), having I had a less-than-typical voyage to my Volunteering or internships are other a Washington law license means that you current job, where I practice immigration areas that are sometimes overlooked. may not be able to act as, well, a lawyer. law in Anchorage, Alaska. After taking the Think you can’t afford not getting paid? Not only might you not be able to practice bar exam in Washington, I traveled to the See if you can take advantage of the federal in the foreign jurisdiction, but the system

February 2011 | Washington State Bar News 39 of law in that location might be so completely different as to be practically in- There is a part of all of us that went to law school comprehensible with an American legal so we could serve as the “in-house” family background. Additionally, if you obtain your work/residence permit based on a counsel or the friend with the legal moxie. particular job, the loss of that job might leave you both unemployed and without in law school). Or a friend corners you at a interest that you do so. lawful residence status. happy hour, with a “really quick” question There are also ethical implications you But in my opinion, the benefits of living concerning a Notice to Pay Rent or Quit she should consider before volunteering to and working abroad — not to mention the found affixed to her apartment door the “ghost-write” a letter or other document potential positive effects on your résumé prior evening. Or even worse, your uncle on behalf of a friend or family member. — far outweigh the negatives. Admit it: wants advice on the dissolution of his mar- Boxx believes that “there can be ethical being underemployed somewhere exotic riage to your aunt. problems when a lawyer ghost-writes a would be more thrilling than being under- There is a part of all of us that went to law pleading for a pro se litigant. The prob- employed wherever you live now. school so we could serve as the “in-house” lem is that the court is going to give the family counsel or the friend with the legal pro se litigant leeway without knowing he Arundel Pritchett is a staff attorney with moxie. But is there any degree of legal help is receiving behind-the-scenes legal help.” the Alaska Immigration Justice Project in we can offer our friends and family mem- Ghost-writing a letter in a non-litigation Anchorage. She can be reached at arundel. bers without creating a conflict or becoming context, however, does not create the [email protected]. their attorney? same concerns about misleading a court. “It’s really dangerous,” says Karen Boxx, When there are concerns about a con- a faculty member and Professional Respon- flict, or you just do not want to open the sibility professor at the University of Wash- door to potential family or social drama, ington School of Law, on whether an attor- Boxx recommends directing friends and ney should provide legal advice to friends family members to resources such as alter- and family. “The attorney-client relation- native counsel to provide assistance. Many ship is a subjective test,” she explains, “and non-lawyers are not aware of opportuni- it is almost impossible to protect yourself. ties to receive free legal advice from not- You are at risk. And unless you do some- for-profit legal organizations — much less thing like send them a letter, your friend where to even begin seeking help. When ap- or family member could say they relied on proached by a friend or family member with your advice.” a legal dilemma, consider sending her an e- Boxx recommends an all-or-nothing mail with a link to the “For the Public” page approach. “The real problem is that it is on the WSBA’s website (www.wsba.org/ difficult to give helpful advice unless you public) or to a legal-aid clinic’s information ISTOCKPHOTO.COM/WEBPHOTOGRAPHEER

© have all the relevant information,” she page. By doing so, you are offering genuine says. “But you are not going to get all the help while simultaneously avoiding a con- relevant information in a casual conver- flict of interest or establishing an attorney- sation. You are better off assuming the client relationship. Counsel representation pro bono or not discussing The fact is that aside from pontificating their legal issues with them at all.” on general — very general — legal principles, Over Before you accept full representation the Rules of Professional Conduct simply do and strut into court on behalf of your older not allow you to offer case-specific legal -ad brother or “sort of ” significant other, how- vice without also potentially establishing an Cocktails? ever, you should first consider added com- attorney-client relationship. In sum, the few plications that can arise when your client is key points to remember when approached a close friend or a trusted family member. by a family member or friend seeking legal What to do when “It may not be easy to offer candid advice advice are these: 1) Do not assume that by or to say no to a client who is a family mem- keeping to “casual conversation” you have friends and family ber or close friend,” Boxx warns. “Your legal avoided establishing an attorney-client rela- ask for legal advice instincts may easily be swayed by a family tionship; 2) before accepting full representa- member who historically has held a position, consider the tricky conflicts that may by Trent M. Latta tion of authority over you. Lawyers have arise and be sure you will be able to offer been sued for malpractice because their open and honest legal advice; and 3) consid- t seems that on occasion we all practice professional judgment was overridden by er directing your friend or family member to some form of “Friends and Family Law.” the influence of family members and peo- alternative legal-aid sources, including free You know the scenario: Grandma calls to ple they trusted.” In this kind of situation, or low-cost options. ask you a few “simple” questions about while it may not be easy telling the mom the tax implications of her will (clearly and dad who sent you money during law Trent M. Latta is a senior associate at Foley & Iyou failed to previously share with her that school that you cannot serve as their at- Mansfield’s Seattle office. He can be reached at you narrowly passed Wills and Trusts class torney, it may nonetheless be in their best [email protected] or 206-380-7446.

40 Washington State Bar News | February 2011 The Board’s Work

delay taking action on the draft rule it- obligation to sponsor a particular bill self pending more detailed discussion and questioned whether the member- WSBA Board of Governors of the issues involved. One key issue to ship as a whole would consider the bill Meeting — December 10–11, be decided is how appeals from records at issue to be so important as to deserve 2010, La Conner disclosure decisions would be handled. sponsorship. BOG members discussed whether the In other business at the December BOG itself should be involved in the ap- meeting, the BOG: by Michael Heatherly peals process or whether a special review board should be created. The pub- • Voted to endorse a resolution calling t its regular meeting on Decem- lic records work group was to further for “a more equitable state contri- ber 10–11, 2010, in La Conner, refine the GR 12.4 draft and resubmit it bution to achieve adequate, stable the Board of Governors made to the BOG at the January 27–28 meet- and long-term funding for the trial progress toward creating a ing in Olympia. court and court support operations,” set of court rules to govern Also at the December meeting, as and “strongly urg[ing] the state and Apublic disclosure of WSBA records. The part of its annual legislative program the all local governments to provide move would allow WSBA to maintain BOG voted to sponsor 10 bills proposed the funding necessary to maintain its own public disclosure requirements for the 2011 Legislature. Most involved meaningful access to our justice sys- rather than subjecting itself to rules be- primarily administrative changes to tem without resorting to additional ing created for judicial entities or to the existing statutes in areas such as guard- user fees.” general state Public Records Act. ianship, receivership, and trusts. The • Received the annual report of the At the October BOG meeting, the proposal drawing the most debate was Washington State Bar Foundation Board had debated how to further for- one containing revisions to the Uniform (WSBF) from Foundation President malize WSBA’s public records disclosure Parentage Act (UPA) that would incor- Ron Ward and Vice President Sally obligations, which are currently man- porate domestic partnership law and al- Savage, who were joined by Megan aged under the Bar’s Bylaws. One option low paid surrogacy. The Executive Com- McNally, the Foundation’s new direc- was to voluntarily seek to be defined mittee of the WSBA Family Law Section tor of development. The BOG also as a “judicial agency” under proposed had supported the bill and recommend- approved WSBF’s request to increase amendments to General Rule 31 of the ed the BOG vote for sponsorship. How- the number of its trustees from 12 state court rules, which would have ever, the WSBA Legislative Committee to 15. Ward advised the BOG that lumped WSBA’s public records require- had voted to table the matter rather the Foundation had decided against ments in with those of the state courts. than recommending BOG sponsorship. requesting a contribution opt-out Another would have been for WSBA to Legislative Committee members raised on the annual WSBA licensing form subject itself to the Public Records Act, concerns, mainly over two provisions at this time so as not to jeopardize RCW 42.56, which governs disclosure by of the bill: one that would allow parents funding for the Campaign for Equal other state government entities. to pay a woman to bear a child as a sur- Justice, which already uses an opt- In debate at the October and Decem- rogate, and one containing language out provision on the form. ber meetings, BOG members expressed that might be construed as absolving a • Heard a presentation regarding the a preference for WSBA to operate under surrogate from liability for harm done rules tailored to its unique organiza- to the fetus through behavior of the sur- WSBA Leadership Institute’s 2010 tional status, rather than being subject rogate during pregnancy, such as use of community-service project. Two fel- to rules geared toward courts or state alcohol or illicit drugs. lows from the institute’s class of 2010, agencies. At the October meeting, the The BOG voted to sponsor the bill Patricia Paul and Shahzad Qadri, BOG had appointed a work group to despite the Legislative Committee’s res- summarized a survey conducted of draft a proposed GR 12.4, which would ervations. Governor Roger Leishman ar- female WSBA members addressing be an addition to the court rules govern- gued that concerns over the legislation such issues as the level of job satis- ing WSBA operations. If approved by were outweighed by the need to revise faction among female attorneys by the BOG and adopted by the Supreme the UPA promptly to incorporate do- ethnicity. The results of the survey Court, the new rule would serve as WS- mestic partnerships. Governor Anthony can be found at www.wsba.org/ BA’s vehicle for proper public disclosure Gipe suggested that some concerns — lawyers/2010fellows.htm. of records. such as those over possible exclusion • Heard a report from WSBA Presi- At the December meeting the BOG from liability for surrogates — could be dent Steve Toole, who is forming a reviewed the work group’s initial draft addressed by separate legislation. Gov- BOG “committee on committees” to of GR 12.4 as well as several amend- ernor Leland Kerr, who voted against ensure that WSBA committees are ments suggested by Governor Catherine sponsorship of the bill, said he opposed helping to further the WSBA Mission, Moore. The Board passed a motion stat- the surrogacy provisions both philo- Guiding Principles, and Strategic ing that it intended to pursue GR 12.4 sophically and as a practical matter. He Goals. One goal of the process will as its public records requirement rather expressed doubt that surrogacy arrange- be for the BOG to give more specific, than subjecting itself to GR 31 or the ments could effectively be enforced. helpful direction to committees. The PRA. However, the Board also voted to Kerr noted that the WSBA is under no program will require each WSBA

February 2011 | Washington State Bar News 41 committee to submit an annual report that outlines the committee’s work in the prior year and its plans for the upcoming year, which will be reviewed by the new committee then addressed by the BOG, which would provide feedback to the original committee. • Was advised by WSBA Executive Director Paula Littlewood that the Moderate Means Program had be- gun signing up WSBA members to Talmadge participate and that SU and UW had FiTzpaTrick hired their staff person who will re- cruit and train students to do client intake; GU is in the process of hiring its staff person. Both staff positions will be funded by WSBA. The program will provide legal assistance to people whose income is between 200 and 400 percent of the federal poverty level. • Approved a request from the Lawyers’ Fund for Client Protection Board to limit each individual claim by clients to $5,000 with the provision that if a balance remains in the fund at the end of the fiscal year the remaining funds will be paid pro rata to clients who had not yet been fully compen- sated. The measure is intended to prevent the fund from being drained by large claims before the year is over. • Heard a report from Julie Mass, WSBA deputy director for finance and administration, who advised the Board that net income for the general fund in fiscal year 2010 was $1.5 million, approximately $1.1 million more than forecast in the budget. A project to identify areas to further reduce expenses throughout the budget is still under way and is expected to be addressed by the BOG at its mini- retreat in March.

Michael Heatherly is the Bar News editor and can be reached at barnews [email protected] or 360-312-5156. For more information on the Board of Gover- nors and Board meetings, see www.wsba. org/info/bog. For more information on issues addressed by the Board, visit the WSBA website at www.wsba.org and click on “News Flash” under “WSBA News and Information.”

42 Washington State Bar News | February 2011 WSBA 2011–12 Committee, Board, and Panel Application Form

The WSBA Board of Governors invites applications for appointments to WSBA committees, boards, and panels. Appointments are limited, and only active WSBA members may be appointed. However, most committee meetings are open to the public and may be attended by any member. More information is on the WSBA website at www.wsba.org/lawyers/groups/committees. htm. Brief descriptions of the committees, boards, and panels can be found on page 45. Please note that the WSBA will send appointment letters by September 2011.

Deadline: Completed applications and materials must be received at the WSBA office byMarch 11, 2011.

You may submit your application online by logging on to myWSBA: www.mywsba.org. 1) Please provide your name, WSBA number, and indicate up to three committee(s), board(s), and/or panel(s) for which you are applying. See page 45 for available committees, boards, and panels. 2) Tell us why you would like to serve, and describe all relevant skills or experience. 3) Attach a résumé or C.V. (strongly encouraged but not required, except for the Hearing Officer Panel and Conflicts Review Officer). Also, you may, but are not required to, submit up to three letters of recommendation to support your application. 4) Complete the demographic information. Please note that this section is required. If you prefer not to provide this information, please check “Choose not to respond” next to the applicable question. 5) Sign the waiver. Your application will not be processed without your signature.

Materials must be received by March 11, 2011, to be considered for appointment.

Step 1: Provide your name, WSBA number, and committee(s), board(s), and/or panel(s) choices.

Your Name (print) ______WSBA number ______

Indicate which committee(s), board(s), and/or panel(s) you are applying for:

1st choice ______ Check here if you have served on this committee previously. Approximate years of service: ______

2nd choice ______ Check here if you have served on this committee previously. Approximate years of service: ______

3rd choice ______ Check here if you have served on this committee previously. Approximate years of service: ______

Step 2: Describe why you would like to serve, and any relevant skill(s) you may possess.

Why would you like to serve on a particular committee, board, or panel? ______

Describe your relevant skills or experience. ______

February 2011 | Washington State Bar News 43 Step 3: Attach a résumé or C.V. and/or letters of recommendation (optional).

Note: This is optional except for applicants for the Hearing Officer Panel and Conflicts Review Officer, who are required to submit a résumé or C.V. and a letter of interest.

Step 4: Provide demographic information (required).

The WSBA promotes diversity, equality, and cultural competence in the courts, legal profession, and the bar. In so doing, the WSBA is committed to ensuring that its committees, boards, and panels reflect the diversity of its membership. Please check all boxes that apply.

Ethnicity:  American Indian/Native American/Alaskan Native  Asian  Black/African descent  Caucasian/White  Pacific Islander  Spanish/Hispanic/Latina/o  Multi-racial  Other ______ Choose not to respond

Gender:  Male  Female  Choose not to respond

Disability:  Yes  No  Choose not to respond

Sexual orientation: Do you openly identify as a sexual minority, to include the following: gay, lesbian, bisexual, or transgender?  Yes  No  Choose not to respond

Number of years in practice: ______ Choose not to respond

Employer: ______ Choose not to respond

Area(s) of practice: ______ Choose not to respond

Number of lawyers in law firm:  solo  2–5  6–10  11–20  21–35  36–50  51–100  101+  Choose not to respond

Step 5: Sign the waiver.

I understand and agree that as part of the application process, the WSBA routinely checks the grievance and discipline files for any records related to applicants. Thus, I waive confidentiality of these materials to WSBA staff and the Board of Governors.

Signature ______Print name ______

E-mail ______Daytime phone ______

Please mail, fax, or e-mail (PDF or Word document) to:

Washington State Bar Association Communications Department 1325 Fourth Ave., Ste. 600 Seattle, WA 98101 Fax: 206-727-8319 E-mail: [email protected]

Application Deadline: March 11, 2011

Log on to myWSBA.org to apply online. Thank you for your interest in serving!

44 Washington State Bar News | February 2011 Overview of Standing Committees, Regulatory Boards, and Panels for 2011–12

STANDING COMMITTEES is for a two-year term. as needed pursuant to Rule for Enforcement of Lawyer Conduct 2.9. AIC volunteers may be asked to investigate Amicus Curiae Brief Committee Rules of Professional Conduct Committee a grievance against a lawyer; assist staff disciplinary Reviews all requests for amicus curiae participation by Considers and responds to inquiries arising under the counsel with a portion of an investigation; serve as spe- the WSBA, and provides a recommendation to the Board Rules of Professional Conduct (RPC) and may, upon cial disciplinary counsel and represent the Association of Governors pursuant to the WSBA Amicus Curiae Brief request, express its opinion to the Board of Governors in the prosecution of a disciplinary case; provide staff Policy. Appointment is for a two-year term. concerning proper professional conduct. Appointment is disciplinary counsel with an outside opinion on an area for a two-year term. of law; serve as a probation monitor following imposi- Continuing Legal Education (CLE) Committee tion of a disciplinary sanction; serve as a file custodian Provides policy guidance for the WSBA Education and REGULATORY BOARDS when a lawyer dies, disappears, or otherwise becomes Outreach Department in fulfilling its mission of serving incapable of protecting clients’ interests; or serve as a the ongoing education needs of Washington lawyers. The Board of Bar Examiners limited guardian or guardian ad litem for an incapacitated WSBA-CLE and its efforts have to be fiscally self-sustaining, Prepares the questions and grades the papers for the bar lawyer. Appointment is for a five-year term. Prerequisite: which requires a business focus in the Committee. Standing examinations under the direction of the WSBA Board of Members must have been an active or judicial member subcommittees are quality control, technology, section/ Governors, in accordance with the Admission to Practice of the WSBA for at least seven years with no record of external relations, and a fourth “as needed” programming rules as approved by the Supreme Court. Appointment is disciplinary misconduct. sub-committee to support the Department in achieving its for a four-year term. trademark, “The Innovator in Continuing Legal Education.” Hearing Officer Panel Appointment is for a three-year term. Character and Fitness Board Panel members serve as hearing officers for lawyer dis- Deals with matters of character and fitness bearing on ciplinary matters and are expected to make evidentiary Court Rules and Procedures Committee qualifications of applicants for admission to practice law rulings, rule on motions, and prepare written findings of Studies and develops suggested amendments to designated in Washington; conducts hearings on the admission of fact, conclusions of law, and (as necessary) sanction recom- sets of court rules on a regular cycle of review. Performs any applicant; makes recommendations to the Board of mendations according to strict deadlines. Attendance at the rules study function outlined in GR 9 and reports its Governors and Supreme Court; and considers petitions annual training is required. Hearing officers may not serve recommendations to the WSBA Board of Governors. The for reinstatement after disbarment. Appointment is for a as expert witnesses on professional conduct issues, repre- Civil Rules (CR), Mandatory Arbitration Rules (MAR), and three-year term. Prerequisite: Members must have been an sent respondents in disciplinary matters, or serve as special Civil Rules for Courts of Limited Jurisdiction (CRLJ) will be active member of the WSBA for at least seven years. Two disciplinary counsel or adjunct investigative counsel. The reviewed in 2011–2012. Lawyers with experience or interest positions are available: one that must be filled by a member Hearing Officer Selection Panel reviews applications and in these areas are encouraged to apply. Appointment is for from District 2, and one by a member from District 8. makes recommendations to the Board of Governors for a two-year term. appointments to the panel. In addition to the application Disciplinary Board form, applicants are required to submit a letter of interest Committee for Diversity Carries out the functions and duties assigned to it according (highlighting relevant skills and experience) and résumé Works to increase diversity within the membership and to the Rules for Enforcement of Lawyer Conduct adopted by to the Hearing Officer Selection Panel, WSBA, 1325 Fourth leadership of the WSBA; promote opportunities for ap- the Washington State Supreme Court. The full board meets Ave., Ste. 600, Seattle, WA 98101-2539 or elizabetht@wsba. pointment or election of diverse members to the bench; at least six times a year, reviewing hearing officer decisions org. All application materials and requested information support and encourage opportunities for minority attor- and stipulations. Three-member review committees meet must be submitted in order to be considered for appoint- neys; aggressively pursue employment opportunities for at least an additional three times a year and review disci- ment, and the Selection Panel may request a writing minorities; and raise awareness of the benefits of diversity. plinary investigation reports and dismissals. Considerable sample or additional information during the evaluation Appointment is for a two-year term. reading and meeting preparation are required. Appoint- process. Initial appointment is for one year commencing ment is for a three-year term. Prerequisite: Members must October 1, 2011, and may be followed by reappointment Editorial Advisory Committee have been an active member of the WSBA for at least seven for five-year terms. Prerequisites: Please review the Rules Acts mainly in an advisory capacity, supervising the years. Three positions are available: one that must be filled for Enforcement of Lawyer Conduct, particularly ELC publication of Bar News, including the recommendation of by a member from District 3, one by a member from District 2.5 to 2.6 and ELC Title 10, prior to applying. A hearing finalists for the editor position for selection by the WSBA 5, and one by a member from any district. officer must be an active member of the WSBA, have been Board of Governors, and the establishment of guidelines an active or judicial member of the WSBA for at least for format, content, and editorial policy. Appointment is Law Clerk Board seven years, have no record of public discipline, and have for a two-year term. Supervises the Law Clerk Program in accordance with experience as an adjudicator or advocate in contested Rule 6 of the Admission to Practice Rules; considers adjudicative hearings. Judicial Recommendation Committee applications for enrollment in the program; interviews Screens and interviews candidates for state Court of Ap- and evaluates law clerks and tutors during the course OTHER POSITIONS peals and Supreme Court positions. Recommendations are of study; and certifies that law clerks have successfully reviewed by the WSBA Board of Governors and referred completed the program meeting the educational require- Conflicts Review Officer to the governor for consideration when making judicial ment for the Washington state bar exam. The board The Conflicts Review Officer (CRO) is appointed pursuant appointments. Appointment is for a three-year term. meets four times a year. Appointment is for a three-year to Rule 2.7 of the Rules for Enforcement of Lawyer Con- term. Members are appointed with consideration for duct. The CRO, with support from the Office of General Legislative Committee the geographic distribution of the law clerks in the pro- Counsel, is a lawyer outside the discipline system who Reviews proposals from WSBA sections for state legislation gram. One position is available. This position will serve reviews and makes initial determinations for grievances that relate to the practice of law and the administration primarily the Bellevue area. Preference will be given to filed against disciplinary counsel and other lawyers em- of justice, and makes recommendations to the Board of applicants from Districts 1, 6, 7, and 8. ployed by the Association, hearing officers, and members Governors for a position thereon. Appointment is for a of the WSBA Disciplinary Board, the WSBA Board of two-year term. Lawyers’ Fund for Client Protection Board Governors, and the Washington State Supreme Court. Pursuant to APR 15, reviews claims for reimbursement of The CRO may dismiss the grievance, defer the investiga- Pro Bono and Legal Aid Committee financial loss sustained by reason of an attorney’s dishonest tion, refer the attorney for diversion evaluation, or have Deals with questions in the fields of pro bono and legal actions or failure to account for client funds; decides claims the grievance assigned to special disciplinary counsel aid with respect to: (1) supporting activities that assist up to $25,000; and makes recommendations to the Board of for further investigation. The CRO acts independently of volunteer attorney legal services programs and organiza- Governors on claims for greater amounts. The Board meets disciplinary counsel and the Association. To maintain tions, and encouraging pro bono participation to meet the four times a year. Appointment is for a three-year term. the staggered terms required under the ELCs, one CRO aspirational goals in RPC 6.1, Pro Bono Publico Service; will be appointed to a full three-year term and a second (2) addressing the administration of justice as it affects Mandatory Continuing Legal Education Board CRO will be appointed to a two-year term. The Supreme indigent persons; and (3) cooperating with other agencies Approves courses and educational programs that satisfy Court makes the appointments based on recommenda- interested in these objectives. Both active and emeritus the educational requirements of the mandatory CLE rule tions from the WSBA Board of Governors. The CRO must members may serve. Appointment is for a two-year term. and considers MCLE policy issues, as well as reporting and have prior experience as a Disciplinary Board member, exception situations. The Board meets five to six times a disciplinary counsel, or special disciplinary counsel, and Professionalism Committee year. Appointment is for a three-year term. have no other role in the disciplinary system while serving Recommends programs to increase professionalism by as CRO. If you are interested in the position, please submit assisting attorneys in fostering better client relations; PANELS a letter of interest, references, and résumé along with the improving civility among attorneys; and creating and completed committee preference form. Please review promoting educational opportunities focusing on issues Adjunct Investigative Counsel (AIC) Panel Rules for Enforcement of Lawyer Conduct, particularly related to professionalism, ethics, and civility. Appointment Panel members assist the Office of Disciplinary Counsel ELC 2.7, prior to applying.

February 2011 | Washington State Bar News 45 FYInformation

Opportunities for Service

WSBA Presidential Search Bar’s legislative activities. Appropriate time Washington practice. However, the member Application Deadline: May 2, 2011 will need to be devoted to communication must reside in the congressional district to The WSBA Board of Governors is seeking by letter, e-mail, and telephone in connec- be eligible for election. applicants for the position of WSBA presi- tion with these responsibilities. Nomination and application forms are dent for 2012–2013. Pursuant to Article VI The duties and responsibilities of the available from the Office of the Executive (D)(2)(b) of the WSBA Bylaws, the primary president are set forth in the WSBA Bylaws. Director, 1325 Fourth Ave., Ste. 600, Seattle, place of business of candidates for president The Bylaws can be found at www.wsba.org/ WA 98101-2539; by calling 206-239-2125; for 2012–2013 must be King County. The info/bylaws. and on the WSBA website at www.wsba.org/ WSBA member selected to be president will info/bog/2011bogelections.htm. The WSBA have an opportunity to provide a significant 2011 Notice of Board of executive director must receive nomina- contribution to the legal profession. Governors Election tion or application forms for district races Applications for 2012–2013 WSBA presi- Application deadline: March 1, 2011 by 5:00 p.m. (Pacific time) on March 1, 2011. dent will be accepted through May 2, 2011, Five positions on the WSBA Board of Gover- Nominations or applications for the at-large and should be limited to a current résumé, nors will be up for election this year. These governor position must be received by the a concise application letter stating interest are the governors representing the 3rd, 6th, executive director by 5:00 p.m. (Pacific and qualifications, and no fewer than five or 7th-East,* and 8th Congressional Districts, time) on April 20. The Board of Governors more than 10 references. The Board of Gov- and one at-large position. These positions determines the official dates of the elec- ernors will consider endorsement letters are currently held by Loren S. Etengoff (3rd tion. Paper ballots for district elections will received by May 16, 2011. Applications and District), Patrick A. Palace (6th District), be mailed on or about March 15 and must endorsement letters should be sent to the Catherine L. Moore (7th-East District), Brian be returned by 5:00 p.m. (Pacific time) on WSBA Executive Director, 1325 Fourth Ave., L. Comstock (8th District), and Anthony D. April 15. For the third year, the WSBA will Ste. 600, Seattle, WA 98101. Gipe (at-large). also use an electronic voting system. Mem- Direct contact with the Board of Gover- The Board of Governors carries out the bers with e-mail addresses on file with the nors is encouraged. All candidates will have mission of the Bar and furthers the WSBA’s WSBA will not receive a paper ballot unless an interview with the full Board of Gov- Guiding Principles, all within the mandate of requested. All electronic voting will also be- ernors in open session at the June 3, 2011, General Rule 12. Pursuant to Article IV (A) of gin on March 15 and must be completed by Board of Governors meeting in Kennewick. the WSBA Bylaws, as a representative, each 5:00 p.m. (Pacific time) on April 15. The at- Following the interviews, the Board will se- governor is expected to communicate with large governor will be elected by the Board lect the president. members about Board actions and issues, of Governors at its June meeting. See “Call Although prior experience on the WSBA’s convey member viewpoints to the Board, for Applications for WSBA Board of Gover- Board of Governors may be helpful, there is and to fulfill liaison duties as assigned. This nors At-Large Position.” Note: Biographical no requirement that one must have been a year’s elected governors shall take office at statements of nominated candidates will be member of the Board of Governors or had the close of the final Board meeting of the published in the April issue of Bar News. previous experience in Bar activities. The fiscal year, scheduled for September 22–23, *The 7th Congressional District is divid- candidate must be willing to devote a sub- 2011. ed into three sub-districts: East, Central, and stantial number of hours to WSBA affairs The WSBA Bylaws provide that any West. These sub-districts are distinguished and be capable of being a positive represen- member in good standing, except a mem- by zip codes, and each has one elected gov- tative for the legal profession. The position ber previously elected to the Board of Gov- ernor. For the coming year, a governor from is unpaid. Some expenses, such as WSBA- ernors, may be nominated or apply for the the East sub-district (zip codes are 98105, related travel, are reimbursed. office of governor from the congressional 98115, 98118, 98122, 98125, 98144, 98155, The commitment begins in June 2011, district (or geographical region within the 98178, and 98185) will be elected. following selection. A one-year term as 7th District*) in which such member is enti- president-elect will begin at the Annual tled to vote. Nominations or applications are Call for Applications for WSBA Business Meeting on September 22, 2011. made by filing a statement of interest and a Board of Governors At-Large The president-elect is expected to attend the biographical statement of 100 words or less. Position two-day board meetings held approximately Governors are elected to a three-year Application deadline: April 20, 2011 every five to six weeks, as well as numerous term and are expected to complete their To increase member representation on the subcommittee, section, regional, national, full term. Generally, members are entitled Board of Governors, the WSBA Bylaws pro- and local meetings. In September 2012, at to vote in the congressional district in which vide for three at-large positions. The full text the WSBA Annual Business Meeting, the the member resides. All out-of-state active of the Bylaws can be reviewed at www.wsba. president-elect will assume the position WSBA members are eligible to vote in the org/bylaws. One of these positions is up for of president. During his or her service, the district of the address of their agent within election to a three-year term commencing president-elect and president will also be Washington for the purpose of receiving at the close of the annual meeting in Sep- required to meet with members of the Bar, service of process as required by APR 5(e), tember 2011. the courts, the media, and public and legal or, if specifically designated to the executive Persons interested in filling an at-large interest groups, as well as be involved in the director, within the district of their primary position should submit a letter of applica-

46 Washington State Bar News | February 2011 FYInformation tion and current résumé. The Board of Under-representation and diversity members interested in serving a four-year Governors will elect the at-large governor may be based upon the discretionary term on the Washington Pattern Forms at their meeting on June 3, 2011. The ap- determination of the Board of Gover- Committee. The four-year term will com- plication should include a statement ad- nors at the time of the election of any mence on April 1, 2011. The incumbent dressing how the applicant believes he or at-large Governor to include, but not is eligible for reappointment (up to two she meets the intent specified in Article be limited to, age, race, gender, sexual consecutive terms) and must also submit VI, Section D of the Bylaws. There is no orientation, disability, geography, ar- a letter of interest and résumé if interested intent that these positions are dedicated eas and types of practice, and years of in serving another term. or rotationally filled by any one element of membership, provided that no single The Washington Pattern Forms Com- diversity or group of members. factor shall be determinative. mittee develops and maintains standard- ized forms for use in Washington state (Excerpt from the WSBA Amend- Members interested in the at-large po- courts. The mandatory pattern forms and ed Bylaws, Article VI, Section D) sition on the Board of Governors should pattern forms cover several subject areas, There shall be two at-large Governor submit a letter of application and résumé such as: domestic relations, protective positions to be filled with persons to the WSBA Office of the Executive -Di orders, guardianship, garnishment, juve- who, in the Board’s sole discretion, rector, 1325 Fourth Ave., Ste. 600, Seattle, nile court, misdemeanor judgment and have the experience and knowledge WA 98101; or call 206-239-2125 for more sentencing, and felony judgment and sen- of the needs of those lawyers whose information. All application materials are tencing forms (see www.courts.wa.gov/ membership is or may be historically due on April 20, 2011, by 5:00 p.m. (Pacific forms). under-represented in governance, or time). Letters of endorsement will be ac- Further information about committee who represent some of the diverse cepted through May 17, 2011. member responsibilities is available on re- elements of the public of the State of quest by e-mail to Merrie Gough at merrie. Washington, to that end the Board of Washington Pattern Forms [email protected]. Please submit a let- Governors will be a more diverse and Committee ter of interest and résumé to: WSBA Com- representative body than the results of Application Deadline: February 28, 2011 munications Department, 1325 Fourth the election of Governors based solely The WSBA Board of Governors is accept- Ave., Ste. 600, Seattle, WA 98101-2539 or on Congressional districts may allow. ing letters of interest and résumés from [email protected].

Never needed more… ...Never more in need.

• Nearly 30% of Washington residents live below 200% of the poverty level • Only 1 in 5 people will receive help for an urgent legal problem this year • Since 2009, top requests for legal help have drastically increased: • Domestic Violence Advocacy  109% • Foreclosures  556% • Unemployment  890% Sources: 2010 US Census; King County Crisis Clinic (2008-2010 comparison)

Please consider supporting the Campaign when renewing your bar license, by making a secure online contribution at www.c4ej.org, or by sending your donation by mail to the address below.

LAW Fund & the Campaign for Equal Justice | 1325 4th AveAve., Ste Ste. 1335, 1335, Seattle, Seattle, WA WA 98101 98101 | 206.623.5261| 206.623.5261

February 2011 | Washington State Bar News 47 FYInformation

Seeking Questionnaires and how they reflect advances in technol- also include the name of a reference who from Candidates for Judicial ogy and the courts’ continuing concern can provide additional information about Appointments with delay and increased workloads in the nominee. Supporting materials may February 11, 2011, for March 25, 2011, the appellate courts, as well as develop- be submitted; please limit print materials interview; May 6, 2011, for June 17, 2011, ments regarding sanctions and attorney to 10 pages and audio-visual materials to interview fees on appeal. Go to www.wsbacle.org 30 minutes. Self-nominations are encour- The WSBA Judicial Recommendation and click on the “Featured Product” to re- aged. All nominations will be kept confi- Committee (JRC) is accepting question- view the full table of contents or to order dential. naires from attorneys and judges seek- the 2010 supplement or the complete set Submit nominations to: Pam Inglesby, ing consideration for appointment to of the two-volume third edition plus 2010 WSBA, 1325 Fourth Ave., Ste. 600 Seattle, fill potential Washington State Supreme supplement. WA 98101-2539 or by e-mail to pami@ Court and Court of Appeals vacancies. wsba.org. Further information about the Interested individuals will be interviewed Nominees Sought for Public CPLE may be found at www.wsba.org/ple. by the Committee on the dates listed Legal Education Award above. The JRC’s recommendations are The Council on Public Legal Education 25th Annual Goldmark Award reviewed by the WSBA Board of Gover- (CPLE) is continuing to accept nomina- Luncheon to Be Held nors and referred to Governor Gregoire tions for its Flame of Democracy Award, February 25 for consideration when making judicial which will be presented in 2011 to an indi- The Legal Foundation of Washington will appointments. Materials must be received vidual, organization, or program in Wash- present the 2011 Charles A. Goldmark at the WSBA office by the deadline listed ington state that has made a significant Distinguished Service Award to the King above. To obtain a questionnaire, visit the contribution to increasing the public’s County Bar Association at the 25th Annual WSBA website at www.wsba.org/lawyers/ understanding of law, the justice system, Goldmark Award Luncheon on February groups/judicialrecommendation or con- or government. The mission of the CPLE, a 25, 2011, at the Red Lion Hotel in Seattle. tact the WSBA at 206-727-8212 or 800- WSBA council, is to advance and promote Norm Rice, president/CEO of the Seattle 945-9722, ext. 8212; or e-mail judithb@ the public’s understanding of the rule of Foundation, will give the keynote speech. wsba.org. law and its confidence in the legal system. The Goldmark Award honors the memory The award was established to highlight of Charles A. Goldmark, a Seattle attorney, New from WSBA-CLE the important educational work being community leader, and ardent supporter Publications: 2010 Supplement done by teachers, lawyers, and judges; the of access to justice. For more information, to the Washington Appellate media; and a variety of advocacy and com- visit www.legalfoundation.org. Practice Deskbook munity organizations and individuals. Get direct advice for effective appellate Nominations, which are due March “Foundations of American advocacy — written and oral — from lead- 1, 2011, should be made in the form of a Democracy” Civics Pamphlet ing Washington appellate practitioners. letter (maximum 500 words) describing The WSBA offers a pamphlet for the The supplement covers the 2010 amend- the nominee’s work and how it addresses public called “Foundations of American ments to the Rules of Appellate Procedure the mission of the CPLE. The letter should Democracy” that describes the basics of American government: the rule of law, the separation of powers, checks and bal- ances, and a fair and impartial judiciary. It also includes a short quiz and a list of useful websites. Lawyers and judges are encouraged to bring the pamphlet with them when they speak to students or the public in schools, courtrooms, and the Your clients look to you for the community. Teachers may also request the pamphlet for classroom use. The best in referrals . . . Count on it! WSBA can provide reasonable numbers of Board Certified* copies at no charge, or the pamphlet may NITA Trained be downloaded from the WSBA website at www.wsba.org/foad.htm. Requests for Battle Tested over 20 Years copies should be directed to Pam Inglesby, Superlawyer ‘06, ‘07, ‘08, ‘09 WSBA outreach programs manager, at [email protected].

Speakers Available S Refer with Confidence The WSBA Lawyers Assistance Program *Board certified by the National College for DUI Defense. The Supreme Court 425-457-7474 offers speakers for engagements at county, of Washington does not recognize certification of specialties and certification minority, and specialty bar associations, is not a requirement to practice law in the State of Washington. www.duismith.com and other law-related organizations. Top-

48 Washington State Bar News | February 2011 FYInformation ics include stress management, life/work is limited to 15 members. The February 14 cal obligations in specific circumstances. balance, and recognizing and handling clinic will meet from 10:00 a.m. to noon The opinions are the result of study and problem-personality clients. Contact Peg- at the WSBA office and will focus on us- analysis in response to requests from gy Harkrader, lawyer services coordinator, ing Casemaker, CourtTrax, and other on- WSBA members. For assistance, call the at 206-727-8268, 800-945-9722, ext. 8268, line research resources. The February 17 Ethics Line at 206-727-8284 or 800-945- or [email protected]. clinic will meet from 2:00 to 4:00 p.m. and 9722, ext. 8284. will focus on using Outlook and practice Help for Judges management software. There is no charge Weekly and Monthly Job Search The Judges Assistance Services Program and no CLE credits. To reserve your place, Groups provides confidential assistance to judges contact Julie Salmon at 206-733-5914, 800- Join us Wednesday, February 9, from experiencing personal or professional dif- 945-9722, ext. 5914, or [email protected]. noon to 1:30 p.m. at the WSBA office. ficulties. Telephone or in-person sessions Kristin Kruger will be exploring how are available on a sliding-scale basis. For Facing an Ethical Dilemma? using the Puget Sound Business Journal more information, call the program coor- Members facing ethical dilemmas can can bring a more active and informed dinator at 206-727-8268 or 800-945-9722, talk with WSBA professional responsi- focus to your job search. She will be ext. 8268. bility counsel for informal guidance on combining two topics: “Inside the Busi- analyzing a situation involving their own ness Journal: How to Profit from the 2011 Licensing and MCLE prospective ethical conduct under the Paper” and “Inside the Business Jour- Information RPCs. All calls are confidential. Any advice nal: Seattle Career Search Seminar.” Licensing deadline was February 1, 2011. given is intended for the education of the The Weekly Job Search Group meets If any portion of your license fee or late fee inquirer and does not represent an official Mondays at 10:30 a.m. Each group runs remains unpaid, or if required forms have position of the WSBA. Every effort is made for eight weeks and costs $40. Contact not been filed after two months’ written to return calls within two business days. Dan Crystal at 206-727-8267, 800-945- notice of your delinquency, a recommen- Call the Ethics Line at 206-727-8284 or 9722, ext. 8267, or [email protected]. To dation for suspension will be submitted 800-945-9722, ext. 8284. access additional job search resources, to the Supreme Court. You may complete visit www.wsba.org/lawyers/services/ licensing requirements either online at Search WSBA Ethics Opinions jobsearchresources.htm. www.mywsba.org or on the A1 License Re- Online newal form. For detailed instructions, go Formal and informal WSBA ethics opin- Casemaker Online Research to www.mywsba.org. ions are available online at http://mcle. Casemaker is a powerful online research If you were due to complete MCLE mywsba.org/io, or from a link on the library provided free to WSBA members. requirements for 2008–2010 (Group 1) WSBA homepage, www.wsba.org. You can To access Casemaker, go to the WSBA and have not done so after two months’ search opinions by number, year issued, website at www.wsba.org and click on the written notice of your delinquency, a rec- ethical rule, subject matter, or keyword. Casemaker logo on the right sidebar or go ommendation for suspension will be sub- Ethics opinions are issued by the WSBA to to www.mywsba.org and click on Access mitted to the Supreme Court. If you are assist members in interpreting their ethi- Casemaker in the left sidebar. Click on credit-compliant, you may certify online at www.mywsba.org or on the Continuing Legal Education Certification (C2) form. For detailed instructions, go to www. mywsba.org. Joyce Tsongas

Get More out of Your Software Dennis Brooks The WSBA offers hands-on computer clinics for members wanting to learn more about what office software, such as The most experienced Microsoft O u t l o o k trial consulting team and Word in the Northwest. and Adobe Acrobat, can do for a lawyer. We also cover online legal research such as Casemaker and 503.297.4141 Portland other resources. Are you a total beginner? www.commsnw.com No problem. The clinic teaches helpful tips you can use immediately. Computers are provided, or bring your laptop. Seating

February 2011 | Washington State Bar News 49 FYInformation the Casemaker button to begin. For help efficiency. The LOMAP staff is available less or slowed-down, fatigue, trouble using Casemaker, contact Julie Salmon to provide materials, answer questions, thinking or concentrating, and thoughts at 206-733-5914, 800-945-9722, ext. 5914, and make recommendations. To make of death. Untreated, it can cause serious [email protected], or call the WSBA Ser- an appointment, contact Julie Salmon at work dysfunction and more. Talk to your vice Center at 800-945-WSBA (9722) or 206-733-5914, 800-945-9722, ext. 5914, or doctor, or call the Lawyers Assistance 206-443-WSBA (9722). [email protected]. Program at 206-727-8268. Welcome to the future Learn More About Case- Tip of the Month: The “Blues” Upcoming Board of Governors Management Software or Depression? Meetings The WSBA Law Office Management- As Many lawyers are depressed but don’t re- March 18–19, Spokane • April 29-30, sistance Program (LOMAP) maintains alize it. Symptoms include sadness, loss Bellevue • June 3, Kennewick a computer for members to review soft- of pleasure or interest in activities, weight With the exception of the executive ses- ware tools designed to maximize office gain or loss, sleep problems, feeling rest- sion, Board of Governors meetings are open, and all WSBA members are welcome to attend. RSVPs are appreciated but not required. Contact Margaret Get More Out of Your Software! Shane at 206-727-8244, 800-945-9722, ext. 8244, or [email protected]. The The WSBA offers hands-on computer clinics for members. Learn what programs such as Outlook, PowerPoint, Excel, complete Board of Governors meet- Word, and Acrobat can do for you. ing schedule is available on the WSBA website at www.wsba.org/info/bog/ Are you a total beginner? No problem. The clinics teach default.htm. helpful tips you can use immediately. Computers are provided, and seating is limited to 15 members. Usury Rate There is no charge, and no CLE credits are offered. The average coupon equivalent yield Clinics are held each month. The February 14 clinic from the first auction of 26-week trea- will focus on online research resources and the sury bills in January 2010 was 0.193 February 17 clinic will focus on Outlook and prac- percent. Therefore, the maximum al- tice management software. lowable usury rate for February is 12 For more information, contact Julie Salmon at 206- percent. Information from January 733-5914, 800-945-9722, ext. 5914, or juliesa@ 1987 to date is on the WSBA website wsba.org. at www.wsba.org/media/publications/ barnews/usury.htm. mywsba Using mywsba, you can: • View and update your profile, which • Join a WSBA section includes address, phone and fax, e-mail, • Access Casemaker free legal research website, etc. • Access CourtTrax docket research • View your current MCLE credit status service and access your MCLE page where you • Register for a WSBA CLE seminar can update your credits • Shop at the WSBA store (order CLE • Complete all of your annual licensing recorded seminars, deskbooks, forms (skip the paper!) Resources, etc.) • Certify your MCLE reporting compliance • Voluntarily report your pro bono • Pay your annual license fee using hours under RPC 6.1 MasterCard or Visa • Volunteer for the Home Foreclosure • Make a contribution to LAW Fund using Legal Aid Project or the Moderate Means MasterCard or Visa Program

To access mywsba, see the link on the WSBA homepage (www.wsba.org) or go there directly (www.mywsba.org). If you have questions or don’t have a valid e-mail address on file, help is only a phone call or e-mail away. The WSBA Service Center is staffed Monday through Friday, 8:00 a.m. to 5:00 p.m., with friendly, knowledgeable representatives eager to be of assistance. Call 800- 945-WSBA (9722) or 206-443-WSBA (9722), or e-mail [email protected]. ©iStockphoto.com/zangbo Access and update your information quickly and easily!

50 Washington State Bar News | February 2011 Welcome to the future

WSBA’s new website debuts soon. < reimagined and redesigned with you in mind >

February 2011 | Washington State Bar News 51 Professionals

Moderate means, extraordinary results. LAWYER DISCIPLINE INSURANCE BAD FAITH EXPERT TESTIMONY TE MEA AND LEGAL ETHICS RA NS Washington State Bar Association E P MEDIATION D R O O M G Former Chief Disciplinary Counsel • Insurance Fair Conduct Act Moderate Means Program R A A • Coverage Denial and Claim B

M Anne I. Seidel S Handling Lawyers Helping the People of Washington W • Reservation of Rights Defense L is available for representation a n w o t in lawyer discipline matters and y g e n Bill Hight has 29 years of r i s h advice on legal ethics issues. A PARTNERSHIP WITH THE LAW SCHOOLS OF H s e a experience in insurance coverage/ lp W in of bad faith litigation. Gonzaga University, Seattle University, and the University of Washington g the People 206-284-2282 [email protected] Please visit www.HightLaw.com www.walegalethics.com for details of experience and Introducing the WSBA credentials. Moderate Means Program. WILLIAM P. HIGHT E-mail: [email protected] Tel: 206-374-3200 The Moderate Means Program is a statewide reduced-fee lawyer- www.HightLaw.com referral service designed to help bring greater access to justice for people of moderate means — those Washingtonians who are within 200–400 percent of the federal poverty level. DO ALL PILES OF ASHES Help yourself while LOOK ALIKE TO YOU? helping others! • Provide public service and help EILEEN STAUSS close the access to justice gap. DIVISION III • Obtain free referrals to help build is available for referral or CIVIL APPEALS your client base. consultation in complex fire • Learn new skills and expand your and explosion litigation, practice areas though free or low- Judge Kenneth Kato (Ret.) including product liability. cost online trainings. and Thomas G. Jarrard • Gain increased access to (former Div. III law clerk) are mentoring and peer support My career has spanned located in Spokane and available opportunities. more than 20 years: to handle or associate in your • MGM Grand Hotel Fire appellate case. Your opponent will How do I sign up? • R.I. Station Nightclub Fire seek counsel from professionals who are experienced in appellate Simply go to www.mywsba.org • California Wildland Fires practice. You should call us before and click on the Moderate Means Program logo for information. Let me help you win they do, or you can call a law firm your next case. located hours away from the Court. Referrals will begin in the next few 1020 N. Washington Street months. When a service opportunity EILEEN STAUSS Spokane, WA 99201 arises, you will be contacted by 509-220-2237 a student at one of the three 206-399-2046 425-239-7290 Washington law schools. [email protected] [email protected] [email protected] A partnership between the WSBA and www.linkedin.com/in/ Washington’s three law schools: Seattle eileenstauss University School of Law, the University of Washington School of Law, and Gonzaga University School of Law.

52 Washington State Bar News | February 2011 LEGAL MALPRACTICE BAD FAITH DISCIPLINARY and EXPERT WITNESS INVESTIGATION DISCIPLINARY ISSUES DAVID B. HUSS AND PROCEEDINGS “40 Years’ Experience” Former insurance adjuster and Patrick C. Sheldon, Joseph J. Ganz defense counsel, now plaintiffs’ former member of the attorney. 30 years’ combined Washington State Bar Association is available for consultation, experience in insurance and law. Disciplinary Board, is now accepting referrals for attorney referral, and association in David B. Huss cases of legal malpractice (both disciplinary investigations E-mail: [email protected] and proceedings. plaintiff and defense), as well as Tel: 425-776-7386 defense of lawyer disciplinary 21907 - 64th Ave. W., Ste. 370 Mountlake Terrace, WA 98043 FORSBERG & UMLAUF, P.S. and/or grievance issues. 901 5th Avenue, Suite 1400 2018 156th Avenue NE, Suite 100 Seattle, WA 98164 Bellevue, WA 98007 206-689-8500 425-748-5110 E-mail: [email protected] E-mail: [email protected]

ATTORNEY FEE EXPERTISE CLAIRE CORDON Expert testimony in attorney’s fee litigation is essential and can make Employment Lawyer the difference in your case. Mike Workplace Investigations APPEALS Caryl has served in a consulting EEO Training • Expert Witness and testifying capacity in dozens Kenneth W. Masters of cases and has broad expert • Ten years with the U.S. Equal witness experience in fee issue Employment Opportunity Shelby Frost Lemmel areas, including: Commission. • Recent graduate of the Seattle We handle or assist • Reasonableness determinations University Executive Leadership on all types of civil appeals in • Fee shifting proceedings Program. state and federal courts, (e.g., CPA, Oly. Steamship) • More than 25 years’ experience as from consulting with trial • Fee agreements, disclosure, a litigator. counsel to post-mandate intake and billing practices proceedings. • RPC violations in discipline When faced with a discrimination • Breach of fiduciary duty claims issue or complex employment MASTERS LAW GROUP PLLC • “Lindy-Bowers” multipliers problem, Claire has the experience, 241 Madison Avenue North • Attorney’s lien foreclosures judgment, and impartiality both Bainbridge Island, WA 98110 sides seek. 206-780-5033 MICHAEL R. CARYL, P.S. 18 West Mercer St., Suite 400 CLAIRE CORDON www.appeal-law.com Seattle, WA 98119 Phone: 206-284-7728 206-378-4125 [email protected] www.michaelcaryl.com www.ccordonlaw.com

February 2011 | Washington State Bar News 53 Disciplinary Notices

These notices of imposition of disciplinary sanctions and actions are published pursuant to CIVIL APPEALS Rule 3.5(d) of the Washington State Supreme Court Rules for Enforcement of Lawyer Conduct, David J. Corbett MEDIATION and pursuant to the February 18, 1995, policy statement of the WSBA Board of Governors. For Focused on the clear presentation Mac Archibald a complete copy of any disciplinary decision, of compelling legal arguments for civil appeals and summary Mac has been a trial lawyer in Seattle call the Washington State Disciplinary Board at judgment motions. Available for for over 40 years. He has tried a wide 206-733-5926, leaving the case name, and your association or referral. range of cases including maritime, name and address. personal injury, construction, Note: Approximately 30,000 persons are el- DAVID CORBETT PLLC products liability, consumer igible to practice law in Washington state. Some www.DavidCorbettLaw.com protection, insurance coverage, of them share the same or similar names. Bar and antitrust law. News strives to include a clarification whenever 253-414-5235 an attorney listed in the Disciplinary Notices Mac has over 15 years of mediation has the same name as another WSBA member; experience. He has mediated over however, all disciplinary notices should be read 1,000 cases in the areas of maritime, carefully for names, cities, and bar numbers. personal injury, construction, wrongful death, employment, FAMILY AND BUSINESS and commercial litigation. Reprimanded DISSOLUTIONS Mac has a reputation as not only being highly prepared for every mediation, Todd S. Hammond (WSBA No. 32401, ad- Camden M. Hall but also for providing as much follow- mitted 2002), of Salem, Oregon, received a up as is necessary to settle a case. is available for referral or reprimand on November 10, 2010, by order of consultation about complex LAW OFFICES OF the Washington State Supreme Court impos- family or business dissolutions, EDWARD M. ARCHIBALD ing reciprocal discipline in accordance with Mediation Services an order of the Supreme Court of the State second opinions, special master 601 Union Street, Suite 4200 of Oregon following approval of a stipula- appointments, settlements, trials, Seattle, WA 98101 order enforcements, and appeals. Tel: 206-903-8355 • Fax: 206-903-8358 tion. This discipline was based on conduct E-mail: [email protected] involving charging and collecting an illegal CAMDEN HALL, PLLC www.archibald-law.com fee. For more information, see the Oregon 1001 Fourth Avenue, Suite 3312-13 State Bar Bulletin (October 2010), available at Seattle, WA 98154-1167 www.osbar.org/publications/bulletin/10oct/ Tel: 206-749-0200 E-mail: [email protected] baractions.html#disc. Mr. Hammond’s conduct violated Oregon’s www.camdenhall.com DR 2-106(A) and RPC 1.5(a), prohibiting a lawyer from entering into an agreement for, charging or collecting an illegal or clearly excessive fee. DEBT COUNSELING Joanne S. Abelson represented the Bar As- INSURANCE AND CLAIMS sociation. Mr. Hammond represented himself. HANDLING AND RELIEF Consultation, testimony, mediation, for the Reprimanded and arbitration in cases involving PROFESSIONAL insurance or bad faith issues. Fiona A.C. Kennedy (WSBA No. 32385, Adjunct Professor Insurance Law. More than 40 years in field. admitted 2002), of Kirkland, received a reprimand on November 10, 2010, by order of the 25 years’ experience as attorney George S. Lundin* Washington State Supreme Court imposing in cases for and against insurance reciprocal discipline in accordance with an companies. Tel: 206-622-8855 order of the Supreme Court of the State of Developed claims procedures for E-mail: geolundin@ msn.com Idaho following approval of a stipulation. major insurance carriers. This discipline is based on conduct involving A debt relief agency; we help people * failure to abide by a client’s decisions concern- IRVING “BUDDY” PAUL file for bankruptcy relief under the ing the objectives of representation, failure to 221 N. Wall Street, #500 Bankruptcy Code; Sect. 528 (b) (2) Spokane, WA 99201 act diligently, failure to communicate, failure 509-838-4261 Referrals welcome. to return unearned fees, failure to expedite [email protected] litigation, knowingly disobeying an obligation under the rules of a tribunal, and conduct prejudicial to the administration of justice.

54 Washington State Bar News | February 2011 Announcements

For more information, see the Idaho State Bar’s official publication, The Advocate (June/July 2010), available at www.isb.idaho.gov/pdf/ advocate/issues/adv10junjul.pdf. Ms. Kennedy’s conduct violated Idaho’s RPC 1.2(a), requiring a The Stafne Law Firm is pleased to announce that lawyer to abide by a client’s decisions concerning the objectives of representation and consult with the client as to the means by which they are to be pursued; Idaho’s RPC 1.3, requiring a lawyer to act with Rebecca Thorley reasonable diligence and promptness in representing a client; Idaho’s has joined the firm as an Associate. Rebecca has RPC 1.4, requiring a lawyer to promptly inform the client of any decision practiced law in England since 2000, where she or circumstance with respect to which the client’s informed consent focused on criminal defense and prison law. Rebecca is required, reasonably consult with the client about the means by was admitted to the Washington State Bar in June which the client’s objectives are to be accomplished, keep the client 2010, and will now focus her practice in Criminal reasonably informed about the status of the matter, promptly comply Defense, Immigration, Civil Litigation, School Law, with reasonable requests for information, consult with the client Land Use Law, and Family Law. about any relevant limitation on the lawyer’s conduct when the client And expects assistance not permitted by the rules, and explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation; Idaho’s RPC 1.16(d), requiring a Lindsay Noel lawyer, upon termination of representation, to take steps to the extent has joined the firm as an Associate. Lindsay reasonably practicable to protect a client’s interests; Idaho’s RPC 3.2, graduated, summa cum laude, from Seattle requiring a lawyer to make reasonable efforts to expedite litigation University School of Law in 2010. Her practice will consistent with the interests of the client; Idaho’s RPC 3.4(c), prohibiting focus on Civil Litigation, School Law, Land Use Law, a lawyer from knowingly disobeying an obligation under the rules of a Housing Crisis Law, and Family Law. tribunal; Idaho’s RPC 8.1(b), prohibiting a lawyer from failing to disclose a fact necessary to correct a misapprehension known by the person to The Stafne Law Firm have arisen in the matter, or knowingly failing to respond to a lawful 239 North Olympic Avenue, Arlington, WA 98223 demand for information from an admissions or disciplinary authority; Tel: 360-403-8700 and Idaho’s RPC 8.4(d), prohibiting a lawyer from engaging in conduct that is prejudicial to the administration of justice. Joanne S. Abelson represented the Bar Association. Ms. Kennedy represented herself.

Reprimanded DuBois Law Firm, PLLC Robert S. Simon (WSBA No. 20382, admitted 1991) of Portland, Oregon, is pleased to announce that received a reprimand on November 10, 2010, by order of the Washington State Supreme Court imposing reciprocal discipline in accordance with an order of the Supreme Court of the State of Oregon following Monica Kaup Cary approval of a stipulation. This discipline is based on conduct involving excessive fees and the misrepresentation of being able to practice law has joined the firm as a partner while on inactive status. For more information, see the Oregon State and the firm has become Bar Bulletin (October 2010), available at www.osbar.org/publications/ bulletin/10oct/baractions.html#disc. Mr. Simon’s conduct violated Oregon’s DR 2-106(A), prohibiting a DuBois Cary lawyer from entering into an agreement for, charging, or collecting an Law Group, pllc illegal or clearly excessive fee; and ORS 9.160, prohibiting a person from practicing law in Oregon, or representing that the person is qualified Proudly serving clients in the areas of to practice law in Oregon, unless that person is an active member of family law mediation and litigation. the Oregon State Bar. Joanne S. Abelson represented the Bar Association. Mr. Simon Amanda DuBois, Partner represented himself. Monica Kaup Cary, Partner Lucia Ramirez Levias, Associate Attorney Suspended Pending the Outcome of Disciplinary Daniel Amir Hossain Reich, Associate Attorney Proceedings DuBois Cary Law Group, pllc Alan Mark Singer (WSBA No. 11970, admitted 1981), of Tukwila, was 927 N. Northlake Way, Ste. 210 suspended pending the outcome of disciplinary proceedings, pursuant Seattle, WA 98103 to ELC 7.2(a)(2), effective December 13, 2010, by order of the Washington Tel: 206-547-1486 • Fax: 206-547-2074 State Supreme Court. This is not a disciplinary sanction. Alan Mark Singer is to be distinguished from Alan Michael Singer, of Olympia.

February 2011 | Washington State Bar News 55 The Law Offices of Skinner & Saar, p.s. is pleased to announce that Montgomery Purdue Blankinship & Austin, pllc Michael M. Waller (formerly of Zylstra, Beeksma & Waller, PLLC) is pleased to announce has joined the firm as Of Counsel. Benjamin I. VandenBerghe Michael’s practice includes: Civil Litigation; Real Estate and Land Use; Wills, Trusts and Estates; and Probate Law. has become a Member in the firm. The Law Offices of Skinner & Saar, P.S. is also pleased to announce a Mr. VandenBerghe’s practice includes commercial New Location litigation involving contracts, construction, insurance coverage, products liability, collections, for the Oak Harbor office of 791 SE Barrington Drive, and general business litigation. Oak Harbor, WA, as of January 1, 2011. Oak Harbor: Friday Harbor: 5500 Columbia Center 791 SE Barrington Drive 365 Spring Street, Suite E 701 Fifth Avenue Oak Harbor, WA 98277 P.O. Box 668 Seattle, WA 98104-7096 Tel: 360-679-1240 Friday Harbor, WA 98250 Fax: 360-679-9131 Tel: 360-378-2191 Telephone: 206-682-7090 • Facsimile: 206-625-9534 Fax: 360-378-3891 www.mpba.com www.skinnerlaw.net

Assayag Mauss A professional Law Corporation Reinisch Mackenzie pc takes great pleasure in announcing the opening of its is pleased to announce Pacific Northwest offices: Oregon: Three Centerpointe Drive, Suite 190 Christy A. Doornink Lake Oswego, OR 97035 Tel: 503-624-6800 and Fax: 503-624-6888 Washington: 2018 156th Avenue, NE, Suite 100 Trisha D. Hole Bellevue, WA 98007 Phone: 425-748-5055 have become shareholders of the firm. Assayag Mauss, PLC, is pleased to announce the opening of its offices in Lake Oswego, Oregon, and Bellevue, Washington, and the addition of attorneys 10260 SW Greenburg Road, Suite 1250 Matthew A. Goldberg and Raminta A. Rudys to the Portland, OR 97223 firm. The firm’s Pacific Northwest offices will perform Tel: 503-245-1846 litigation and transactional services for regional, national, and international financial and business Fax: 503-452-8066 clients, as does the firm’s original office located in Costa Mesa, California. 159 South Jackson Street, Suite 300 Seattle, WA 98104 2915 Redhill Avenue, Suite 200, Costa Mesa, CA 92626 Tel: 206-622-7940 Tel: 714-427-6800 • Fax: 714-427-6888 Fax: 206-622-5902 www.amlegalgroup.com

56 Washington State Bar News | February 2011 Wells St. John, p.s. Ken Masters, Shelby Lemmel, and all of us at the firm are thrilled to congratulate our former is pleased to announce that colleague and friend, Paul S. Holdaway Justice Charlie Wiggins, has become a shareholder of the firm. on his election to the Paul is experienced in the protection of intellectual Washington State Supreme Court, property rights in the United States and foreign countries and has been an associate attorney practicing at Wells St. John, P.S. for the last four years. and to announce the formation of our new firm: His practice is focused on electrical and software technologies and includes client and inventor counseling, application preparation, and prosecution Masters Law Group, pllc of applications before the United States Patent and Trademark Office. Paul received his B.S. in Electrical Engineering from Brigham Young University and his We will continue to litigate civil appeals in all M.S. in Electrical Engineering from the University of areas of the law, and to assist trial counsel with Washington. He received his J.D. from J. Reuben Clark potential appellate issues. Law School, graduating cum laude. 206-780-5033 601 W. 1st Ave., Ste. 1300, Spokane, WA 99201 Tel: 509-624-4276 • Fax: 509-838-3424 www.appeal-law.com

Graham Lundberg & Peschel is pleased to announce Nikhil Bavariya Has become an Associate in the Seattle office The Washington State Bar Association Janelle M. Carney Has become an Associate in the Seattle office

is pleased to offer advertising services in the Cheryl A. Gawron Announcements section of Bar News. Has become an Associate in the Seattle office

For more information, contact Graham Lundberg & Peschel has 17 attorneys Advertising Manager Jack Young at and has successfully represented injured persons 206-727-8260, or e-mail [email protected]. throughout Washington since 1979. We appreciate your referrals and associations.

Graham Lundberg & Peschel 1325 Fourth Ave., Ste. 600, Seattle, WA 98101 500 John Street, Seattle, WA 98109 206-448-1992 • 800-422-4610 www.glpattorneys.com

February 2011 | Washington State Bar News 57 The Future of Corporations: Doing 8th Annual Trust and Estate Litigation Well while Externalizing Less Seminar February 17 — Seattle. 3 CLE credits and 1 March 11 — Seattle and webcast. 6.5 CLE ethics pending. By Washington Lawyers for credits, including 1 ethics. By the WSBA Sustainability at Bainbridge Graduate In- Real Property, Probate and Trust Section stitute; 360-428-7929;[email protected]; and WSBA-CLE; 800-945-WSBA or 206- www.washingtonlawyersforsustainability. 443-WSBA; www.wsbacle.org. org. Family Law CLE Calendar Criminal Law Basic Collaborative Law Training February 10–11 — Seattle. 12.25 CLE cred- CLE seminars are subject to change. Enhancing Your Skills for Criminal its pending. By Seattle Collaborative Law Please check with providers to verify Practice in Municipal and District information. To announce a seminar, Courts Training Group; 425-822-0283; rachel@ please send information to: February 16 — Seattle and webcast. 7 CLE felbecklaw.com; www.collabtraining.com. credits. By WSBA-CLE; 800-945-WSBA or WSBA Bar News CLE Calendar General 206-443-WSBA; www.wsbacle.org. 1325 Fourth Ave., Ste. 600 Seattle, WA 98101-2539 Oh, the Things Defendants Say: Setting the Bar: Clear Communication Fax: 206-727-8319 Challenging the Use of Confessions for Attorneys E-mail: [email protected] February 7 — Bellevue. 3.75 CLE credits. and Statements By Emerald Empowerment LLC; 206-271- Information must be received by the March 4 — Seattle. 6.25 CLE credits pend- 2489; http://emeraldempowerment.com/ first day of the month for placement ing. By Washington Association of Crimi- events. in the following month’s calendar. nal Defense Lawyers; 206-623-1302; www. wacdl.org. Flat-Fee Agreements and the RPCs February 10 — Tele-CLE. 1 ethics cred- Environmental Law it. By Rubric CLE; 206-714-3178; www. Alternative Dispute Resolution rubriccle.com. Agriculture and Forestry Law in the Pacific Northwest Mediation as a Cost-Saving Technique: Quickbooks for Attorneys February 17–18 — Seattle. By Law Seminars ® Alternatives to Litigation, Traps to February 10 — Seattle and webcast. 2 CLE International; 206-567-4490; www.lawsemi Avoid credits pending. By WSBA-CLE; 800-945- nars.com/detail.php?seminarcode=11agwa. February 10 — Seattle. By The Seminar WSBA or 206-443-WSBA; www.wsbacle. Group; 206-463-4400; www.theseminar org. Endangered Species Act (ESA) — group.net/seminar.lasso?seminar=11. medwa. Impacts on Alaska Basic Collaborative Law Training February 24 — Anchorage. By Law Seminars February 10–11 — Seattle. 12.25 CLE cred- Basic Collaborative Law Training International; 206-567-4490; www.lawsemi its pending. By Seattle Collaborative Law February 10–11 — Seattle. 12.25 CLE cred- nars.com/detail.php?seminarcode=11esaak. Training Group; 425-822-0283; rachel@ its pending. By Seattle Collaborative Law felbecklaw.com; www.collabtraining.com. Training Group; 425-822-0283; rachel@ Water Law in the Inland Northwest felbecklaw.com; www.collabtraining.com. March 17–18 — Spokane. By Law Semi- Residential Landlord-Tenant Law nars International; 206-567-4490; www. February 23 — Seattle and webcast. 6 CLE Business Law lawseminars.com/detail.php?seminar credits. By WSBA-CLE; 800-945-WSBA or code=11tmdlwa. 206-443-WSBA; www.wsbacle.org. 31st Annual Northwest Securities Institute Estate Planning The Client-Lawyer Relationship February 4–5 — Portland. CLE credits February 24 — Tele-CLE. 1 ethics credit pending. By Oregon State Bar Securi- Estate Planning with IRAs and pending. By Rubric CLE; 206-714-3178; ties Regulation Section, WSBA Business Retirement Plans, Featuring Gair www.rubriccle.com. Law Section, WSBA-CLE, and Northwest Petrie State-Federal-Provincial Securities Con- February 11 — Seattle and webcast. 4 CLE The Legal Team — The Electronic ference; 503-431-6413 or 800-452-8260; credits. By WSBA-CLE; 800-945-WSBA or Office Tool Box: Going Paperless www.osbar.org. 206-443-WSBA; www.wsbacle.org. February 24 — Tacoma and webcast. By

58 Washington State Bar News | February 2011 Washington State Association for Justice; Estate Planning with IRAs and 206-464-1011; www.washingtonjustice.org. Retirement Plans, Featuring Gair Petrie Evidence and Objections Skills February 11 — Seattle and webcast. 4 CLE Training credits. By WSBA-CLE; 800-945-WSBA or February 25 — Seattle and webcast. 6 CLE 206-443-WSBA; www.wsbacle.org. credits pending. By WSBA-CLE; 800-945- WSBA or 206-443-WSBA; www.wsbacle. Enhancing Your Skills for Criminal org. Practice in Municipal and District Courts Classifieds Dr. Causation and the DME Terminator February 16 — Seattle and webcast. 7 CLE March 18 — Seattle. By Washington State credits. By WSBA-CLE; 800-945-WSBA or Association for Justice; 206-464-1011; 206-443-WSBA; www.wsbacle.org. www.washingtonjustice.org. Reply to WSBA Bar News Residential Landlord-Tenant Law Box Numbers at: February 23 — Seattle and webcast. 6 CLE Are You Ready for the Media? Will It Be WSBA Bar News Blind Box #______Your Big Break? credits pending. By WSBA-CLE; 800-945- Bar News Classifieds March 23 — Seattle and webcast. 3.75 CLE WSBA or 206-443-WSBA; www.wsbacle. 1325 Fourth Ave., Ste. 600 Seattle, WA 98101-2539 credits pending, including 1 ethics. By org. WSBA-CLE; 800-945-WSBA or 206-443- Positions available are also WSBA; www.wsbacle.org. The Legal Team — The Electronic posted online at www.wsba.org/ Office Tool Box: Going Paperless jobs. February 24 — Tacoma and webcast. By New Trends, Tools, and Tips: Keeping Washington State Association for Justice; Your Practice Current 206-464-1011; www.washingtonjustice.org. March 24 — Seattle and webcast. 6.5 CLE credits, including 2.5 ethics pending. By Evidence and Objections Skills the WSBA Solo and Small Practice Section Training and WSBA-CLE; 800-945-WSBA or 206- February 25 — Seattle and webcast. 6 CLE Positions Available 443-WSBA; www.wsbacle.org. credits pending. By WSBA-CLE; 800-945- WSBA or 206-443-WSBA; www.wsbacle. Grow your practice with us. Seattle Intellectual Property org. AV-rated firm looking for an experienced practitioner seeking to expand his or her business. Of-counsel arrangement and of- 16th Annual Intellectual Property 8th Annual Trust and Estate Litigation fice available. Some client base required. Institute Seminar Since 1984, our firm has provided high- March 4 — Seattle. 6 CLE credits, includ- March 11 — Seattle and webcast. 6.5 CLE ing 1.5 ethics pending. By the WSBA Intel- quality, personalized legal services in intel- credits including 1 ethics. By the WSBA lectual property, international, corporate, lectual Property Section and WSBA-CLE; Real Property, Probate and Trust Section business litigation, real property, and trust 800-945-WSBA or 206-443-WSBA; www. and WSBA-CLE; 800-945-WSBA or 206- and estates. Similar or complementary wsbacle.org. 443-WSBA; www.wsbacle.org. practice area would fit well into our firm. Send résumé and description of practice in Landlord-Tenant Law Are You Ready for the Media? Will It confidence [email protected] . Be Your Big Break? Residential Landlord-Tenant Law March 23 — Seattle and webcast. 3.75 CLE Corporate associate attorney — Pacific February 23 — Seattle and webcast. 6 CLE credits pending, including 1 ethics. By Law Recruiters is actively assisting the credits. By WSBA-CLE; 800-945-WSBA or WSBA-CLE; 800-945-WSBA or 206-443- Seattle office of a national law firm in its search for an associate attorney. Candi- 206-443-WSBA; www.wsbacle.org. WSBA; www.wsbacle.org. dates will be immediately considered, provided they hold high academic ratings from Webcast Seminars New Trends, Tools, and Tips: Keeping a top law school and have a minimum of Your Practice Current five years’ corporate experience, to include Quickbooks® for Attorneys March 24 — Seattle and webcast. 6.5 CLE practical knowledge of securities, mergers February 10 — Seattle and webcast. 2 CLE credits, including 2.5 ethics pending. By and acquisitions, licensing, and compli- credits pending. By WSBA-CLE; 800-945- the WSBA Solo and Small Practice Section ance-related issues (preferably in a mid- to WSBA or 206-443-WSBA; www.wsbacle. and WSBA-CLE; 800-945-WSBA or 206- large-size firm). Technology industry rep- org. 443-WSBA; www.wsbacle.org. resentative experience is appreciated as

February 2011 | Washington State Bar News 59 well. Unique in its strong commitment and within the institution. The director main- sample, and three professional references steady approach to attorney retention and tains effective working relationships with to [email protected]. All responses a work-life balance, the firm also provides institutional partners in law enforcement, will be treated confidentially. Please visit an excellent compensation and benefits health care, local government, and else- our website at www.mckinleyirvin.com for package. For immediate attention, inter- where. The director oversees a department more information about our firm. ested candidates are encouraged to submit of 40 FTEs, including two direct reports, a confidential résumé and cover letter to the deputy chiefs. Qualifications: Requires Anchorage: trial attorney — Routh Greg Wagner, Principal, Pacific Law Re- a bachelor’s degree in a relevant field. At Crabtree Olsen, P.S. (full time, part-time, cruiters, at: [email protected]. Vis- least five years’ administrative and/or su- or contract). Routh Crabtree Olsen, P.S., an it our website at www.pacificlawjobs.com. pervisory experience in law enforcement industry-leading law firm, is currently re- and/or the criminal justice system. Must cruiting for a trial attorney for our Anchor- Oregon Health & Science University have knowledge of the criminal justice age, Alaska, office. Our firm emphasizes (OHSU) is recruiting for a director of public system; demonstrated ability to inspire, the representation of financial institutions safety within the Facilities and Real Estate engage, and lead a sworn and civilian mul- in matters related to licensing, servicing, Department. Candidates are strongly en- tidisciplinary staff; ability to establish and mortgage banking, consumer finance, title couraged to apply online at www.ohsujobs. maintain cooperative working relations insurance, real estate finance, and the en- com to recruitment #IRC31682. Reporting with various stakeholder groups inside and forcement and defense of mortgage loans. to the associate vice president, the director outside the organization; knowledge and The ideal candidate will have at least five is responsible for all aspects of the depart- experience with computer access control years’ experience in civil litigation, includ- ments of Public Safety including opera- systems and CCTV systems; experience ing jury trials and depositions. Related tions, finance, and administration. The di- with operating budgets of greater than industry experience is a plus but not re- rector is the strategic and senior leader for $1 million; and demonstrated experience quired. Must have strong writing skills and each branch and is responsible for ensuring in planning to meet short- and long-term the ability to work self-directed. Competi- that all activity is in support of and aligned capital needs. Prefer a Juris Doctorate (JD) tive salary with full benefits for full-time with OHSU’s strategic goals, institutional or other relevant advanced degree. Knowl- attorneys including health insurance, paid policies and directives, and the policies and edge of university and healthcare statutory vacation, mileage reimbursement, and directives of the Facilities and Real Estate and regulatory compliance including Clery payment of all required bar license fees and Department, including those related to Act compliance and Joint Commission CLE fees. Telecommuting opportunities both the safety and security of the institu- compliance. High-security containment may be available, but must reside in the An- tion, and access to services. The director is lab security. Eligibility to be certified as a chorage area. Attorneys licensed in Alaska a non-commissioned police position and police officer in Oregon; eligibility to prac- or with the ability to waive in via reciproc- exercises oversight of the Command Staff tice law in the state of Oregon. Salary range: ity will be considered. Please submit cover and at times may function as the senior $87,800–140,500/year. letter and résumé by mail to our Anchorage operations leader. The director oversees office: 3000 A Street, Suite 200, Anchorage, all budgets and expenses associated with Family law attorney — McKinley Irvin is AK 99503, by fax: 907-222-4396, or e-mail operations, activities, and compliance of an AV-rated, 19-attorney law firm focused [email protected]. Please no phone calls. the department. The director must have on complex divorce and family law mat- excellent oral and written communication ters. We are seeking an attorney with a Morris-Sockle, PLLC is seeking an as- skills and be able to make effective presen- minimum of three years’ family law experi- sociate attorney for practice in family law. tations at all levels of the university and ence to join our busy and growing firm. The Applicants must have at least two years external audiences. In cooperation with attorney in this position will manage his or of active practice in family law with sig- other administrators, the director will as- her own case load and be supported by a nificant courtroom experience. Thorough sist in developing policies and procedures paralegal, file clerk, and other administra- knowledge of the Local Rules for family at the University level relating to violations tive staff. The right candidate will have well- law is required. The attorney will assist in of laws and OHSU policies. The director rounded family law litigation experience, establishing a branch office for expansion will keep current on best practices and observe the highest standards of profes- of the firm, and must be self-motivated to maintain memberships in relevant professionalism, produce exceptional work prod- work without direct supervision. We seek sional associations focused on safety and uct, be an effective negotiator and litigator, to provide aggressive and dynamic repre- security relevant to OHSU. The director and deliver attentive client service. We of- sentation of family law clients, and the at- conducts or oversees investigations and fer an aggressive guaranteed salary, along torney must have a positive attitude about assists and advises other units conducting with bonus opportunities; 401(k) plan with litigation. Salary and benefits are based on investigations. The director is responsible matching contributions; payment of all bar experience and qualification. Send résumé for facility security, emergency prepared- license fees and CLE expenses; profession- to [email protected] or call 360- ness, threat assessment, and access con- al, medical, dental, and life insurance ben- 866-7100. trol. The director serves as a member of the efits; an outstanding group of professionals leadership team of the Facilities and Real to work with; the opportunity for advanced Divorce Lawyers for Men is seeking to Estate Department and serves as a mem- training and career growth; scale and contract with experienced family law at- ber of various cross-functional and multi- stability; and professional management. torneys that will provide aggressive legal disciplinary committees and task forces Please forward cover letter, résumé, writing representation to clients in several Puget

60 Washington State Bar News | February 2011 Sound office locations. We need attorneys career goals within our local market. She Appraiser of antiques, fine art, and that want to affiliate with Divorce Law- remains personally committed to helping household possessions. James Kemp- yers for Men to jointly represent clients attorneys land the single best position Slaughter ASA, FRSA with 33 years’ experi- on numerous family law cases. We have a available to them. All sessions are con- ence in Seattle for estates, divorce, insur- large client base and want to work with lo- veniently offered by phone. Please e-mail ance, and donations. For details, see http:// cal attorneys to assist in jointly represent- [email protected] or call 425-822- jameskempslaughter.com; 206-285-5711 or ing clients. If you are interested in a strong 1157 to schedule. [email protected]. increase in the number of your family law clients, please contact Frank Morris by Experienced, efficient brief and -mo Experienced contract attorney and e-mail, [email protected] or 360- tion writer available as contract lawyer. WSBA member drafts trial and appellate 866-7393. Extensive litigation experience, including briefs, motions, and memos for other attor- trial preparation and federal appeals. Rea- neys. I enjoy complex research. Resources Services sonable rates. Lynne Wilson, 206-328-0224, include LEXIS Internet libraries and Uni- [email protected]. versity of Washington Law Library. Tell Forensic document examiner: Retired me about your case! Elizabeth Dash Bott- from the Eugene Police Department. Clinical psychologist — competent fo- man, attorney; 206-526-5777; bjelizabeth@ Trained by the U.S. Secret Service and the rensic evaluation of individuals in per- qwest.net. U.S. Postal Inspection Service. Court-quali- sonal injury, medical malpractice, and di- fied in state and federal courts. Contact Jim vorce cases. Contact Seattle office of Gary Spanish-English document translation Green at 888-485-0832. Grenell, Ph.D., 206-328-0262 or mail@ by attorney Julie L. Wilchins LLC. Precise garygrenell.com. translation of legal and general documents Virtual Independent Paralegals, LLC by experienced Washington attorney, na- provides full-range comprehensive legal Experienced contract attorney: 18 tive-level Spanish fluency certified by Span- and business services at reasonable rates. years’ experience in civil/criminal litiga- ish government. Twelve years of experience Due diligence document review/databas- tion, including jury trials, arbitrations, in multiple complex areas of law. Certified ing, medical summarization, transcrip- mediations, and appeals. Former share- translations available. For free estimate tion, legal research and writing, pleading holder in boutique litigation firm. Can or more information, call 206-371-2586 or preparation, discovery, motions, briefs, do anything litigation-related. Excellent visit juliewilchins.com. and in-person trial support. Because we’re research and writing skills, reasonable 24/7/365 we’re able to bridge the 9-to-5 gap. rates. Peter Fabish, [email protected], Discount Video Depositions — $499 flat The hours we produce contain no overhead 206-545-4818. rate in Seattle, $599 King County, $699 costs, and are thus, all billable. We hit the Pierce/Snohomish/Kitsap counties. In- ground running, providing highest qual- Legal research and writing by attor- cludes 8 hours of professional videography, ity results. We’re just a phone call or email ney in Spokane, WA. Gonzaga University one DVD set, and all expenses. 800-676-3950. away. www.viphelpme.com. graduate, associate editor of law review, excellent skills, and very reasonable rates. Real estate — I am a former real estate at- Fast cash for seller carry-back notes, Pamela Rohr, 509-928-4100. torney and am now acting as a real estate www.wallstreetbrokers.com. Fast cash for managing broker for buyers and sellers. I divorce liens, www.divorceliens.com. New Contract attorney available for research am rebating half (sometimes more) of my book by Lorelei Stevens, www.fastcash- and brief writing for motions and appeals. commission. You can buy any home listed book.com. Larry and Lorelei Stevens; 800- Top academic credentials, law review, ju- by any company through me and I will re- 423-2114. Notes appraised for estates. dicial clerkship, complex litigation expe- bate 1.5% of the sale price back to you. Sim- rience. Joan Roth, 206-898-6225, jlrmcc@ ilar rebate/discount for sellers. I am a full- Résumé/career consultations for at- yahoo.com. service broker, not a limited-service broker. torneys — 30-minute sessions — $85. My services include, but are not limited Lynda Jonas, Esq., owner of Legal Ease Insurance — lawyers’ professional li- to, market price opinions, qualifying buy- L.L.C. — Washington’s Attorney Place- ability, general liability, and bonds. Inde- ers and negotiating terms, multiple list- ment Specialists since 1996 — works pendent agent, multiple carriers, 16-plus ing service, open houses, and advertising. with attorneys only, in Washington state years’ experience. Contact Shannon O’Dell, Same rebates apply for commercial prop- only. She has unparalleled experience First Choice Insurance Services, 509-638- erties. Honest, reliable, and experienced. counseling and placing attorneys in our 2558; 1-888-894-1858; www.fcins.biz. Satisfaction guaranteed in writing. J.P. Real state’s best law firms and corporate legal Estate, Inc., since 1973. Call or e-mail with departments. It is her opinion that more Legal marketing and web design: spe- any question. Clancy Tipton. 206-947-7514; than 75 percent of attorney résumés are cializing in legal marketing and offering [email protected]. in immediate, obvious need of improve- full-service marketing services. Websites. ment. Often these are quick, but major, Advertising. Blogging. Search engine op- With published decisions — King v. King, fixes. Lynda is uniquely qualified to offer timization. Social networking. Info@ 162 Wn.2d 378, Rusch v. Rusch, 124 Wn. App. résumé assistance and advice/support AmendmentM.com; www.AmendmentM. 229, et al — experienced attorney seeks ap- on best steps to achieve your individual com; 425-998-7257. peals, briefs, and motions at reasonable

February 2011 | Washington State Bar News 61 contract rate. Office of Ken Christensen; tion room with working fireplace, built- terms negotiable. Call 206-399-2046. 206-622-7330; [email protected]. in reception desk, furnished conference rooms, library, kitchen, working file room Sublease space at 1001 Fourth Av- Space Available with high-speed copier/fax/scanner, and enue, Seattle — Several offices avail- large basement file storage. Administra- able for immediate sublease on the 44th Downtown Seattle executive office tive support of high-speed Internet, cable, floor at 1001 Fourth Avenue. Window space: Full- and part-time offices avail- and VoiceIP is available. Contact account- offices face north and are both 170 us- able on the 32nd floor of the 1001 Fourth [email protected]. able square feet. One interior office and Avenue Plaza Building. Beautiful views several secretarial stations also available. of mountains and the Sound! Close to Bellevue office space: Two offices available Sublease program includes reception, courts and library. Short- and long-term for sublease in downtown Bellevue. Rent conference room use, telephone, and leases. Conference rooms, reception, includes shared use of conference rooms, photocopy equipment, and office servic- kitchen, telephone answering, mail han- small law library, and kitchen. Options in- es support. For more information, please dling, legal messenger, copier, fax, and clude use of copier and covered parking. contact Shelley Boogaard at 206-389- much more. $175 and up. Serving the Please contact [email protected]. 1637 or [email protected]. greater Seattle area for over 30 years. Please contact Business Service Center Downtown Everett: Class-A Everett of- Prime office space available in Tacoma at 206-624-9188 or www.bsc-seattle.com fice — Located on the third floor of the Mall area. Attorney with established fam- for more information. Frontier Bank building; 14' x 14', $800 per ily law practice seeks another attorney to month. Staff workstations available with share space. Arrangements are flexible Turn-key — new offices available for potential staff share, full kitchen, new and may include telephone service, cou- immediate occupancy and use in down- high-speed copier/fax/scanner, confer- rier, and copier. Included is a private of- town Seattle, expansive view from 47th ence room with 50" flat screen and digi- fice and a full-time receptionist. There is floor of the Columbia Center. Office tal cable, high-speed Internet. Plenty of space for your secretary, or you may use facilities included in rent (reception, parking and close to courthouse. Poten- mine. Regardless of the area in which you kitchen, and conference rooms). Other tial client referrals. View photos at http:// practice, the package can be tailored to administrative support available if need- photos.frontier302.info. Lease terms fit your needs. For further information, ed. DSL/VPN access, collegial environ- negotiable. Contact Mark Olson at 425- call Debbie at 253-475-3000, or e-mail to ment. Please call Amy, Badgley Mullins 388-5516 or [email protected] or [email protected]. Law Group, 206-621-6566. John Williams at 425-252-8547 or John@ WilliamsLawPLLC.com. Columbia Center (Seattle) furnished Belltown (Seattle) law firm offering executive offices, two blocks from the turn-key sublease. Corner lot building Federal Way office available in newly courthouse. Individual private offices or with large windows and beautiful cherry remodeled building in the heart of small suites, perfect for solo practitioner wood interiors. Two professional offices Federal Way’s professional district. Rent attorney or small law firms. Receptionist (18' x 16' and 14' x 11'), plus one parale- includes use of shared conference room, service included plus access to conference gal office, and one staff work station. The kitchen, DSL, copier, fax, and parking. rooms, printer/copier services and much office facilities include furnished recep- Secretary station also available. Lease more. Four months free rent on any new 12-month lease. Call Greg for details 206- 652-3274.

To Place a Classified Ad Two Union Square (Seattle) furnished offices for lease on 42nd floor. Flexible lease terms. Rates start as low as $650/ Rates: WSBA members: $40/first 25 words; $0.50 each additional word. Nonmembers: $50/ mo. Offices can accommodate 1–8 users. first 25 words; $1 each additional word. Blind-box number service: $12 (responses will be Receptionist and other amenities avail- forwarded). Advance payment required; we regret that we are unable to bill for classified able. Free rent discounts apply for leases ads. Payment may be made by check (payable to WSBA), MasterCard, or Visa. of six months or greater. Call Greg for details at 206-652-3274. Deadline: Text and payment must be received (not postmarked) by the first day of each month for the issue following, e.g., March 1 for the April issue. No cancellations after the deadline. South Lake Union (Seattle) office space. Mail to: WSBA Bar News Classifieds, 1325 Fourth Ave., Ste. 600, Seattle, WA 98101-2539. Perfect for attorneys looking for a profes- Qualifying experience for positions available — state and federal law allow minimum, but sional class “A” office space with all the ame- prohibit maximum, qualifying experience. No ranges (e.g., “5-10 years”). Ads may be edited nities. Street or garage parking available. for spelling, grammar, and consistency of formatting. If you have questions, please call 206- Locker rooms with showers on-site and 727-8262 or e-mail [email protected]. close walking distance to nearby restau- rants. Great option for start-up law firm or solo practitioners. Rates start as low as $695 for furnished office. Call Greg, 206-652-3274.

62 Washington State Bar News | February 2011 Briefly About Me

Vickie Williams WSBA No. 20103

 I became a lawyer because I wanted to have a career that allowed me to do interesting work that mattered to somebody, would provide me with independence, and would provide me with an opportunity to read and write as part of my job.  The future of the practice of law is working on quicker and less expensive means of problem-solving, greater internation- alization of the practice, a greater need for lawyers to have excellent listening skills and discern what clients really want, and how to best achieve those goals efficiently.  This is the best advice I have been given: “Never grow a wishbone where To learn more about your backbone ought to be.” — Food critic Clementine Paddleford. “Briefly About Me” and  I would share this with new lawyers: Expect there to be good to submit your own, go to days and bad days, ups and downs. Over time, the good days will www.wsba.org/lawyers/ outnumber the bad days, but you may have to be patient. brieflyaboutme.doc.  Traits I admire in other attorneys: Tenacity, follow- through, a good sense of humor, and the ability to keep things in perspective.  I would give this advice to a first-year law student: The practice of law is not a sprint, it is a marathon. You must not look for immediate gratification, but keep your eye on the long- term rewards of practice.  People living or from the past I would like to invite to a dinner party: Moses, Michelle Obama, John Marshall, John Adams, Betty Friedan.  I am most proud of this: Learning to overcome paralyzing fear and doing what needs to be done.  I’ve been the most happy when I’m reading a good novel on my deck on a sunny day.  My favorite non-job activity: Playing with my three dogs.  On television, I try not to miss “Antiques Roadshow.”  Best stress reliever: Going for a run or to the gym.  What I had for lunch: Leftover chicken meatballs and spaghetti.  I am currently reading Losing Mum and Pup: A Memoir by Christopher Buckley.  My favorite vacation place: The Methow Valley in the winter for cross-country skiing.  One of the greatest challenges in law is balancing the demands of running a law business and maintaining professionalism.  Technology is a blessing and a curse, depending on how you use it.  Currently playing on my iPod/CD player/record player: Mary Chapin Carpenter, Dire Straits, Provenance (cello pieces performed by Maya Beiser).  If I could live anywhere? I really don’t know, I try to find the good things about any place I live and make use of them.  I can’t live without good fiction.  If I could change one thing about the law, it would be the expense of the system — from law school education to litigation in the courtroom. Justice shouldn’t depend on what you can afford.  This is the best part of my job: Walking into a 1L class on the first day of the fall semester and beginning the students’ journey into the law. Even if they leave law school the next day, they will never be the same.

My name is Vickie Williams. I have a B.S. in geology from Tufts University and a J.D. from New York University. I started my professional career in Seattle as an associate at Perkins Coie, and after four-and-a-half years moved to Bennett, Bigelow & Leedom to focus on healthcare law. After 13 years of practice, I became an assistant professor of law at Gonzaga University, teaching healthcare law and civil procedure. I am currently serving as the associate dean for academic affairs at Gonzaga School of Law. I have been married to a wonderful husband for 21 years and have two teenage children. For fun, I like to play with my dogs, run, read, and sit on the couch watching movies I’ve seen 100 times before (especially James Bond movies and “chick flicks”).

February 2011 | Washington State Bar News 63 The Bar Beat Just a Kiss Away hortly after 6 a.m. on December 28, 2010, I was awoken by sirens. I thought little of it. I live in a safe neighborhood, and ISTOCKPHOTO.COM/ERICTHOMPSON

© when I’ve heard similar sounds before, it has been from nothing more sinis- S were doing the kind of philosophizing War, children, it’s just a shot away ter than malfunctioning car alarms or It’s just a shot away people do over the holidays, often over police pulling over speeders. When I a hot toddy. She was talking about how got up a little later, I checked the local I had never met the family involved in the economic recession has led her to newspaper online and learned that just the attack on the next block. But when- think much more about the things she is over a block away, a 32-year-old man ever I hear about parent/child violence, grateful to have, rather than the things had stabbed his father more than 30 I can’t help imagining the day, years ear- she wishes she had. I had been feeling times in their home and also wounded lier, when the mom and dad had brought the same way over the past few weeks. I’d his mother and 13-year-old niece. The home their perfect bundle of joy and had been able to visit a lifelong friend I don’t father died, although the mother and every reason to believe that despite the see often enough. On Christmas Day, niece survived. The assailant report- inevitable traumas of being a family, my longtime paralegal and her husband edly had a history of prior criminal they would ultimately be friends for life. had me over to jam on guitars with their behavior, substance abuse, and severe But it’s excruciatingly difficult to con- son, an 11-year-old musical prodigy. For mental illness. tain three or four — or a half-dozen — a couple of weeks, my daughter visited For Christmas I had bought myself egos and sets of insecurities under one from the East Coast, the first time she the riveting new autobiography by Roll- roof. And the harsh, biological reality is had been back in a year. I took her to ing Stones guitarist Keith Richards, a that within the big mammalian brains of see my mom in Eastern Washington and guy who probably has seen as much of which we are so proud — with their awe- basked in the affection of two genera- the good, bad, and ugly of human behav- inspiring capacity for sensibility and tions of women I love. I had Christmas ior as anyone. When I heard about the altruism — lurks a crude reptilian core Eve dinner with both of my kids. We terror down my street, I couldn’t help ready to lash out, like a vicious lick from went cheap on gifts and had one of the thinking of “Gimme Shelter,” Richards’ Keith Richards’ Fender Telecaster. When best holidays I can remember. I attended and Mick Jagger’s churning, troublingly complicated by things like substance a couple of law firm holiday parties and brilliant evocation of a society given abuse and mental illness, the relation- enjoyed talking to lawyers I shockingly over to violence. “Gimme Shelter” is also ships, and sometimes the people, don’t realized I’ve known for nearly 20 years. the name of a documentary about a 1969 always survive. So I’ve been reminded that horror can concert at Altamont Speedway in Cali- But it’s our nature to keep trying. The spring up anywhere, even among the fes- fornia, at which a gun-wielding specta- Rolling Stones knew this, which is why tive holiday lights of a slumbering neigh- tor was stabbed to death by a member “Gimme Shelter” ends with a twist. The borhood in a peaceful college town. But of the Hells Angels during the Stones’s last time through the chorus, the lyrics I’ve been reminded, too, that it’s still the performance. I had just read passages shift 180 degrees: aberration. And no matter how bad things in Richards’ book in which he describes get, it’s always within our power to make composing the song and recounts his I tell you love, sister, it’s just a kiss away good things happen by being grateful and horrified reaction at the concert when It’s just a kiss away reaching out to those around us. It’s just a he realized a fan had been killed. Al- kiss or a hug or a handshake away. though the lyrics address war and pro- Yeah, it’s a little schmaltzy, and test rather than domestic violence, they maybe the Stones were just trying to are eerily appropriate for what had hap- be radio-friendly. Or maybe they were Bar News Editor pened in my neighborhood: just talking about scoring groupies. But Michael Heatherly in the aftermath of the real-life tragedy practices in Bell- Ooh, see the fire is sweepin’ down the street, I prefer to think they ingham. He can be Our very street today were on to something. reached at 360-312- Burns like a red coal carpet About 12 hours before I was awoken 5156 or barnews Mad bull lost its way by sirens, I had been visiting a friend. We [email protected].

64 Washington State Bar News | February 2011 With the AAA, the neutral you select will be exactly that. NEUTRAL.

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Neutral selection is of vital importance to any Alternative Dispute Resolution (ADR) case. The American Arbitration Association® (AAA) provides access to some of the best neutrals in the business, right here in Washington. AAA® helps you select well-screened, expertly trained neutrals for your needs, then works with you to provide conflict checking along with Full-Service Arbitration, Mediation or any additional ADR services.

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February 2011 | Washington State Bar News C 701 Pike Street | Suite 950 | Seattle , WA 98101 Vol. 65 No. 2011 February 2

D Washington State Bar News | February 2011