May/June 2014 | VOLUME 2 TACOMA-PIERCE COUNTY BAR ASSOCIATION PIERCE COUNTY LAWYER
Larry Couture & wife Stephanie at the Floating Market in Thailand. James Cushing on a motorcycle trip in the Alps, read story on page 22.
Antoni Froehling in Tacoma, read story on page 10.
David Snell at the Field Museum in Chicago. Dawn Farina & husband Javier in Venice.
Judge Culpepper in France, read story on page 14.
George Kelley & wife Marilyn walking the beach in Xtapa, Mexico. Pat Palace & wife Lisa in Palm Dessert for spring break.
Mike McKasy in Chamonix, France.
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PROVEN ADVOCATES - PROVEN RESULTS Government Liability | Personal Injury | Wrongful Death | Civil Rights Traumatic Brain Injury | Insurance Bad Faith | Spinal Cord Injury Product Liability | Medical Malpractice The Pierce County Lawyer is published 6 times per year as a service to the membership of the CONTENTS Tacoma-Pierce County Bar Association 2014 BOARD OF TRUSTEES FEATURES DEPARTMENTS Dawn Farina, President John R. Christensen, Vice President Matthew H. Thomas, Secretary-Treasurer 9 4 Stephanie Bloomfield, Immediate Past President Time to Shed Your Lawyer Skin President’s Page Russell Knight, President, Young Lawyers Section by Stephanie Bloomfield by Dawn Farina Sophia Palmer, Family Law Section Liaison Steven Merrival, Trustee 14 7 L. Clay Selby, Trustee La Route des vins d’Alsace In Praise of the Public Heidi Ann Wachter, Trustee by Presiding Judge Ronald Culpepper Sector Lawyers T. Diane Clarkson, Trustee by Commissioner Diana Kiesel Dwayne L. Christopher, Trustee 13 Wendy E. Zicht, Trustee Judicial Qualifications 8 *Presiding Judge Ronald E. Culpepper, Committee Hits the Ground A Word from the *Judge Thomas J. Felnagle, *Judge Stephanie A. Arend, *Commissioner Diana L. Kiesel, Running Executive Director Judicial Liaisons - Pierce County Superior Court by Kit Kasner *Presiding Judge Margaret Vail Ross, Judicial Liaison - Pierce County District Court *Presiding Judge Elizabeth E. Verhey, Judicial Liaison - Tacoma Municipal Court 16 *Harry S. Steinmetz, Criminal Law Section Liaison Becoming a Better Lawyer 10 *Maureen C. Goodman, Criminal Law Section Liaison by Jill Guernsey Editorial Lessons of 60... *Shelly Andrew, WA Women Lawyers Liaison and why Lawyers Should Care *Sarah L. Lee, Minority Bar Association Liaison 20 by Toni Froehling *Vernon W. Harkins, WSBA, Governor 6th District Liaison NALS of Pierce County/50th (*non-voting member) Annual Bosses Night 18 PIERCE COUNTY LAWYER COMMITTEE Celebration Young Lawyer Report by Scott Candoo and Susie Reeves Dawn Farina, Editor by Russell Knight George S. Kelley, Committee Chair David C. Snell, Antoni H. Froehling, Tom Oldfield 21 27 Paula T. Olson, Mark Lindquist, Michael H. Scholl TPCBA Introduces New Ron’s Rules Part II Salvador A. Mungia, Robert Dickson Community Service Awards by Judge Ronald Leighton Scott Candoo, Laura Carlsen, Kevin Hastings by Lisa Kremer Joshua Lane, Linda Ramirez, David Smith, Jamie Walker 36 News contributions, information, advertising and letters to 22 The EAR the editor are welcome. All submissions may be edited at My Alps Tour by Moto-Cycle the discretion of the Editor and PCLM Committee and may by James Cushing be published on a space available basis. 37 The opinions expressed by the authors in the Pierce County Classifieds Lawyer magazine do not necessarily reflect the official 24 position of the Tacoma-Pierce County Bar Association. Half A Century of Legal Practice Advertisers are not necessarily endorsed by the TPCBA. by Matthew Thomas 38 The Pierce County Lawyer Committee reserves Zen Lawyer the right to refuse advertising. 28 Chapter Two by Mark Lindquist SEND ALL CONTRIBUTIONS TO: Cardinal Rules of Family Law Mediation Tacoma-Pierce County Bar Association by Marc Christianson Pierce County Lawyer First Tower, 621 Tacoma Avenue South, Suite 403 30 Tacoma, WA 98402-2301 Big Technology – Small Firm FOR INFORMATION ABOUT ADVERTISING Getting High Impact Technology on CALL KIT KASNER AT 253-272-8871 OR EMAIL: [email protected] a Small Firm Budget Administration (253) 272-8871 by David Smith Lawyer Referral Service (253) 383-3432 FAX (253) 627-4718 Attorney’s Lounge, Room 238, (253) 573-0609 34 www.TPCBA.com A Law School for ON THE COVER: Tacoma and the South Sound TPCBA MEMBERS GO ON VACATION Volunteer Legal Services by Valarie Zeeck 621 Tacoma Avenue South, Suite 303, Tacoma, WA 98402 (253) 572-5134, [email protected]
May/June 2014 | PIERCE COUNTY LAWYER 3 PRESIDENT’S PAGE BY DAWN FARINA Chocolate Truffle Anyone? he topic of civility in the practice Social where I found myself engaged in a of law comes up so often because it conversation about civility with a young Tis both interesting and important. lawyer. The young lawyer expressed It is important because we must not lose concern about what he perceived was a lack sight of the fact that while we are advocates of civility in the practice of law. I assured the for our clients, we have obligations to be young lawyer to not be discouraged because candid to the tribunal and to treat our his generation of lawyers can choose to be adversaries with dignity and respect. It is civil. interesting because everyone, including me, Here are some tips for keeping your cool: has entertaining and terrible stories to tell about shockingly unscrupulous behavior by • Bring it down a notch. When something opposing counsel. does not go according to plan, do not fly off the handle. Wait until you have all A few years ago, I was prosecuting a murder your facts before you do something you case. Opposing counsel treated me, my co- might regret. counsel, and the court staff unprofessionally • Avoid email when possible. Email makes and disrespectfully. The lawyer knew he was it too easy to dehumanize the other behaving badly because one day, after he person – which makes it easy to forget verbally attacked my co-counsel, he left him manners. Meeting people face to face or a note at counsel table apologizing for his calling opposing counsel on the telephone actions. will make you remember you are dealing At the conclusion of the trial, the court staff with a person. You do not have to become and I received chocolate truffles from the best friends, but it can make adversarial offending attorney – his way of apologizing relationships a lot less stressful and con- for his unprofessional behavior throughout tentious. the trial. Yes, I ate the truffle. This attorney • Develop a working relationship. Make an retired from the practice of law shortly effort to develop a working relationship thereafter. with your opposing counsel. You are likely to encounter opposing counsel more than A couple of years ago, I was in a meeting once. Hopefully, it will make future inter- with a private lawyer about a civil matter actions less contentious. when the lawyer offered a scenario of events that was absurd. When I pointed out the In most instances this advice will serve you falseness of her assertion, she acknowledged well. In those rare instances when you are Paving it was false and proudly proclaimed, “The dealing with the unscrupulous lawyer, do our path truth doesn’t matter in civil litigation.” This not lose your cool or professionalism. And disturbing proclamation leads me to ask of course, make sure you put everything in Forward what we can do as a Bar Association to writing. eradicate this kind of behavior and thinking. I am not ashamed to proclaim I like lawyers. I believe that when there is accountability I still believe in the nobility of the profession for one’s actions, this type of unscrupulous and believe that most lawyers with whom I practice will be reduced. There are many come into contact with are good and honest forms of accountability. lawyers, and who, like me, believe the truth does matter. The Tacoma-Pierce County Bar Association can continue to foster the principles Civility does not require that we of professionalism and respect. Our compromise either our clients’ or our own Association must stand united against interests. On the contrary, civility almost the unscrupulous lawyer and hold them always promotes those interests. Civility accountable for their actions. We can simply requires that we be respectful of one individually cultivate a civil atmosphere. another as we do our jobs. If we also have Judges can take control of situations with all some fun along the way, so much the better. of the tools that are available. And if you happen to lose your cool with your opposing counsel, a nice apology note I recently attended the Young Lawyer’s or chocolate truffle will go a long way.
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In Praise of the Public Sector Lawyers
By Commissioner Diana L. Kiesel, Pierce County Superior Court
’m tucked away at Western State sector. They are the professionals service Deputy Prosecutors or Assistant Hospital for a civil commitment dedicating their lives to representing Attorney Generals have no control over rotation. I will not return to the us –“the people”, “the state.” These how many crimes are committed, how ICounty-City Building until October professionals could often earn more many paternity actions are filed, how of this year. I have been reflecting on money in the private sector but still many child support cases need hearings, my last couple of years on the Bench. remain in public service. Public service how many child support contempt Every time I rotate to a new location I is a calling for some attorneys, a calling hearings need to be set, or how many reflect on what I learned, what I could to be admired. dependency actions have done better in a prior rotation, and Now that I am part need to be filed. how I will improve so that I can better of “government” Litigants and private serve the litigants and attorneys when I understand that attorneys often forget I return to the rotations. As part of the behind-the- that lawyers working this reflection, I thought about all the scenes meetings in the Prosecutor’s different attorneys I see based on the and workload can Office or the Office rotation. My continued observation be exhausting for of Attorney General is that I am blessed to have so many those working in are not just “the talented and hard-working professionals state” but the most public service. before me daily. I was the Presiding dedicated, hard-working and skilled A Deputy Prosecutor or Assistant Commissioner last year and I remained attorneys in the legal profession. We all Attorney General interacts with victims in Room 407 for eight months ruling on need to remember “the state” attorneys of all kinds of crimes as well as neglect child support matters mostly brought represent all of us, and we need to be and/or abuse of children. Those Deputy before the court by Deputy Prosecuting respectful and cooperative with those Prosecutors or Assistant Attorney Attorneys. In 2012 I was assigned to who work for the public. General professionals often are working Juvenile Court. During those rotations, late at night interviewing witnesses I worked with attorneys from the On a final note, the mentor meetings Prosecutor’s office as well as the Office and preparing for trials and hearings will continue on the third Fridays of of the Attorney General. What a joy back-to-back. The Deputy Prosecutor the month at Noon, in Room 100. I working with these professionals. assigned to civil litigation, (e.g., a am so thankful so many experienced Deputy Prosecutor assigned to the lawyers show up for the meetings. It is As a private attorney, I sporadically child support division) has a case load important that senior colleagues work interacted with attorneys in the office most lawyers in private practice cannot with new lawyers so that our profession of the Attorney General or Prosecutor’s imagine. There is no ability to adjust continues to be the best profession. office. However, I have had frequent your workload. In private practice if This year there is a criminal law trial contact with lawyers working in the I felt overwhelmed, I told my staff to mentor series. Look for the email that public sector in the last couple of years. refer potential clients to other attorneys is sent out monthly identifying the topic Special professionals work in the public until I got “caught up.” But in public and speakers.
May/June 2014 | PIERCE COUNTY LAWYER 7 A Word from the Executive Director Members By Kit Kasner on the Greetings from the Bar office! Move: I trust you’re enjoying our new publication. What I’d like to do with this space is to make sure we’re keeping you up to date on the many and varied CLEs and TPCBA events in the hopper, Sophia Palmer has joined the Law Firm to remind you to go to the website for flyers and more information. of Benjamin & Healy. Sophia is a TPCBA You can always call the Bar office to register for any of our CLEs/events Board of Trustee/Family Law Section by calling 253 272-8871. Liaison.
Margaret Lund has joined the firm of JUNE 6 AUGUST 9 Tuell & Young as an associate attorney. Federal Practice LAWYERPALOOZA III Tips CLE Big, better, best? Each year has A 3-hour CLE at the outdone the previous. Games, Members, send your “on the move” Federal Courthouse live music, lots of food, beer, wine, information to [email protected]. pop, etc., and don’t forget to JUNE 13 bring the family. SGAL Tips CLE A special offering for you who SEPTEMBER 26-28 work in Guardianship. 20th Annual Bar Convention JUNE 20 At the Suncadia Resort! Young Lawyers/Commissioner Kiesel’s Annual Baseball Theme: “True Grit”. Need I say more? and Law CLE MENTOR MEETINGS A “can’t miss” seminar! 3rd Friday of each month A perfect strike in the zone and OCTOBER 10 quite possibly a “once in a lifetime” Marijuana » Courtroom 100 @ Noon for our TPCBA members and guests. Pot-Pourri CLE ¬ Remember, following Brownies will be served at this CLE. the CLE, families are invited to FAMILY LAW SECTION join the BBQ, game and OCTOBER 17 MEETINGS fireworks show. Tort V Seminar 3rd Wednesday of each month JULY 19 OCTOBER 24 Animal Law CLE Love Stinks VII CLE » Courtroom 100 @ Noon Who doesn’t love their pets? But how do you advise your clients when it comes to NOVEMBER 6 problems with dangerous dogs, 13th Annual and how about how to protect Guardianship Seminar pets at the end of your clients life? This is a fun and interesting Saturday NOVEMBER 7 FRIEND COMMITTEE event. Ethics CLE (3 hours) Please contact Lynn Johnson, AUGUST 1 GOLF AT ALLENMORE DECEMBER 6 FRIEND Committee Chair, Join in! A great afternoon Annual Year End @ 253 383-3333 with friends. Potpourri or [email protected]
PS: We continue to schedule many meetings in our conference if you have information about a member room at the Bar office, which has made me think how hardworking all whether joyous or sorrowful. of our members are who take the time and effort to plan and serve on our various committees and sections. A big public THANK YOU for Thanks! your continuing dedication and work and for helping our Bar be the very BEST local Bar around!
8 PIERCE COUNTY LAWYER | May/June 2014 By Stephanie Bloomfield
here are new Smoke+Cedar restaurant Tendless where the stories will flow like opportunities fine wine, or whatever else tends to connect to flow downhill. with your th fellow lawyers Next on August 9 is the and judges one and only legendary in settings Lawyerpalooza III at Martin far from the Duenhoelter’s farm. Like the courtrooms, Godfather, each one is better conference than the last. We started with Lawyerpalooza, then moved rooms, or on to Lawyerpalooza II – The board rooms. While you might run into Gathering of the Tribe. This colleagues at the TPCBA lawyer lounge, year, for Lawyerpalooza III, it is a CLE, or even at the gym, sometimes “Release the Child Within.” You the opportunity to interact with one know that kid is still in there, so another in a social setting makes work on finding a way to let the connections and opens doors providing kid that is still part of you have insight into others. fun and enjoy the best event of For example, you might find that your the summer! flinty-eyed adversary in a business Martin Duenhoelter, Chuck matter is actually a pretty cool person Johnston and Laura Keys are when you are drawn into a conversation heading up the planning of this at Lawyerpalooza and she explains great party and it is truly a “don’t her rock-climbing feats. Or the judge miss” event. If you have not yet is going to be entertainment, costume that you thought did not have a heart made it to Lawyerpalooza, mark your when he let your client have it, does contests, movies, prizes and fun for calendar now so you can make it this your entire family – and maybe even volunteer work with his church to help year and bring your family. For those of more golf. Please contact Stephanie the homeless. As Chuck Johnston so you who have attended, I know you will eloquently put it, “We need to shed our be there because even though it does not Bloomfield or Kit Kasner if you have lawyer-skins and be real people!” seem possible, it gets better every year. suggestions for activities, entertainment In addition to a lineup of great music, or other ideas to make this year’s First and foremost, we have our new and awesome barbecue, and kids’ activities, TPCBA Convention even better than reinvigorated golf committee. Like a there is something for everyone to last year. We hope to expand offerings Phoenix rising from the ashes, the Golf enjoy. It is like that great family reunion for family friendly activities, and have Committee has returned ascendant. without your annoying relatives -- just some surprises in store for you as well. This year’s tournament is scheduled some nice folks you might not know yet. for Allenmore on August 1st. There is a With the TPCBA’s planning and hard limit of 72 players, with fees of $50 per Last but not least, the best voluntary bar work your social calendar for the person so even the young lawyers can association in the United States, if not summer is all arranged and you can get in and teach the more experienced the entire world, has its signature event: lawyers some new tricks. There will be The Annual TPCBA Convention. This just lean back and bask in the reflected great prizes and for those who want to year we are heading to Suncadia Resort glory shining off the happy faces of your continue, space is reserved for dinner for a low-down good time in the true family. Hope to see you at one or more following the tourney at the awesome Western spirit of “True Grit.” There of these events.
May/June 2014 | PIERCE COUNTY LAWYER 9 MAY/JUNE EDITORIAL
LESSONS OF 60... and why lawyers should care.
Don’t mistake Pick up the phone arrogance for wisdom instead of the keyboard. Yes, I get the irony of someone writing Anyone can win an argument when an article talking about life’s lessons and you don’t have to hear the other side. starting it with that kind of statement. Put another way, it’s hard to have a But it’s important. As lawyers, we discussion when no one is listening. tend to be smart or intelligent, or at It’s easy to be condescending and least think we are. Before you start insulting at the computer which hammering away with the points of your just irritates everyone but position, either to your kids or to the accomplishes nothing. Despite judge, who is younger than you are, be the current trend, you really don’t sure you’re speaking with wisdom and have to put everything in writing. Feel empathy. not the other. If you have to ask whether Now if you’re REALLY old, make you’re guilty here, you probably are. yourself some notes so you don’t forget As I’ve grown more…experienced, what you said, but make the call anyway. I’ve learned the difference between Above all, never text to anyone over 60. sympathy and empathy. Sympathy is The tales of yesteryear great and we all need to feel it. But empathy is a necessity. We’ve all had belong to the past. Simpler is better. clients walk in the door that deserve I’m as guilty as anyone here, but frankly, Look at it this way; you don’t have all neither, but we’ve also had clients who unless the circumstances are perfect, that many hours of lawyering left, so are discouraged, hurt, heartbroken, when you launch into the story of stop wasting time making things more angry or just full of despair. Try and feel who did what to whom back in the complex than they need to be. the pain for a moment before launching day, you’re about to bore someone. It’s into a speech. If someone has already important not to do that to people, done everything they can to help a child especially when you get older. People Leave your briefcase or an aging parent, try and feel what expect you to be boring, so don’t be. they have gone through before you tell That’s especially true if you’re lawyering. at the office. them they should have done something Your clients are paying you good money We make our living winning, whether different. My wife is going through that and don’t want to be bored. The judge it applies to arguments, motions, trials painful time in life when she has lost is busy and certainly doesn’t want to or anything else. We really don’t need to one parent and the other is failing. I can hear more boring stuff. If you try it on do that with the rest of our lives. It goes think of a dozen things I might have your colleagues, they just start working without saying that your kids or spouse done differently for them, but this is on email with an occasional “uh huh” should win some of the time, so bite one of those times when that supposed over the phone. I promise to try and your tongue. If you really have to think wisdom doesn’t help anyone. Feeling do better at this one. Now have I told about that, put this article down and do and sharing her pain is more important you about the time that Judge Healy something else because you’re wasting despite what my training and experience threatened to put me in jail with my your time here. But it also applies to would have me do. client? friends and neighbors. People just don’t want to hear how right you are.
10 PIERCE COUNTY LAWYER | May/June 2014 BY ANTONI FROEHLING
Do good things. Keep a sense of humor. As I approach the end of my career, it’s While it’s important not to play the part become important to try and do the of the village idiot, or Court Jester in right thing even if it means donating my case for those who know my license some time and energy. Most of us have plate as CTJSTR, I’ve found it makes had the experience of someone coming life more fun if you keep a sense of into the office with a relatively simple humor. It makes both practicing law and problem but no idea how to solve it or living life easier. Who didn’t enjoy Herb the resources if they did. Rather than Gelman’s stories or doesn’t appreciate worrying about how I’m going to get Phil Sloan’s wit? They and others have paid, I’ve tried to find a simple, easy way managed to have some fun, yet be wise to fix their problem, or help them do it, and professional at the same time. I without worrying about opening a file think that’s a good thing. It’s harder or wondering how much it will cost. to have heartburn or stress headaches Most of us probably do that any number when you smile. of times, but the longer I am part of this There are probably a lot more little profession, the more I find myself in that gems of aging wisdom, but I’m old and position. At the end of the day, no one I forget a lot. It’s time for someone else else may ever know, but for some reason to work on the list. The only rule is that I almost see it as my responsibility. I’m you have to be at least 60, or pretend not suggesting we all sign up for more that you are. Toni Froehling practices with his son Jesse in pro bono work, but if the situation Puyallup. Their practice focuses on personal injury presents itself, I’m more likely to act on and construction. He has a 4 digit bar number. it than I used to be. Jesse does not. COME SEE WHAT TOURS ALL SUMMER LEARNING LOOKS LIKE CWA Family Concert Series presents RECESS MONKEY FREE // June 20 // 6 p.m. More information at charleswright.org/events
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653126_Palace.indd 1 21/08/13 4:46 PM Judicial Qualifications Committee Hits the Ground Running
“The purpose of the Judicial Qualifications Committee is to assist the public and Co-Chairs: Margaret Archer and Tim Lewis public officials in SAVE he Judicial Qualifications the appointment Committee (JQC) was called upon to hit the ground or election of members Trunning this year with Governor THE Inslee’s appointment of Pierce County of the judicia r y.” Superior Court Judge Linda Lee to Committee Rules and Procedures, Section I the Court of Appeals, Division II. Judge Lee assumed her new position DATE effective January 6th, after which this of the JQC members in this endeavor year’s JQC, reduced to 21 members ensured that our bar association was representing a diverse cross section of well represented and given a voice as a our bar association, received multiple stakeholder in this extremely important August 1, 2014 evaluation requests from candidates decision. seeking appointment to the Superior Court position vacated by Judge Lee. On March 7th, Phil Sorensen, one of the The purpose of reducing the JQC size candidates interviewed and rated by Annual TPCBA to 21 members was to ensure greater the JQC, was appointed by Governor Golf Tournament consistency in attendance at our Inslee to fill the open position on the meetings and in the rating of individual Superior Court bench. candidates. Each JQC member was required to attend an orientation Following this busy start to 2014, JQC Only $50 session prior to the commencement of members were just beginning to relax (includes green fees & cart) our evaluation process. when we learned Justice James Johnson had announced his retirement from ______In order to meet the Governor’s deadline the Supreme Court effective April 30th, for submission of the committee’s and that Judge J. Robin Hunt would be Limited $150 ratings by February 14th, JQC members retiring at the end of her term this year, had to conduct evaluations thoroughly, leaving her position open for election Sponsorships of Tees but quickly. We are pleased to later this fall. With these announced or Greens Available report that our members more than judicial vacancies, vacancies that may answered this call. Over the course yet still be announced, and judicial ______of approximately one week, the JQC elections on the ballot this fall, it convened on four occasions, reviewed appears that it will continue to be Call Mike Smith submitted materials, conducted a busy and important year for the 253-565-3400 extensive reference checks, interviewed JQC. The JQC enthusiastically looks each candidate individually, and finally forward to meeting the challenge of or Kit Kasner completed committee deliberations this important work as we continue 253-272-8871 regarding each candidate. Each of these with our mandate of assisting elected committee meetings lasted well into officials and the public in the selection the evening hours. The collective effort of judicial officers.
May/June 2014 | PIERCE COUNTY LAWYER 13 La Route des vins d’Alsace By Judge Ron Culpepper, Presiding Judge, Pierce County Superior Court
uring the last few decades, Alsace. Alsace is the northeastern most during World War II. To help restore Northwesterners who appreciate region of France, bordered on the east the economy, in the early 1950s, the Dgood wines and beers, have by the Rhine River, which flows from Route des vins d’Alsace, the wine road become a bit spoiled. With the Yakima, Switzerland to the North Sea, and on the of Alsace, was established to encourage Walla Walla, and Willamette Valleys all west by the Vosges Mountains, a range tourism. within a short drive, and craft breweries that peaks at about 4800 feet above sea opening every month, excellent wines level. The Route des vins runs generally north and beers have become a part of life in and south along the eastern slopes of the this region. Wine tourism is relatively Over the centuries control of Alsace Vosges Mountains, for approximately young in Washington, and certainly has alternated between the kingdom of 170 kilometers. Hundreds of small growth can be expected over the next France and various German monarchies family-owned wineries and tasting few years. Last fall my wife, Wendy, and and principalities, and it has become rooms can be found in the villages along I had the opportunity to visit a region a crossroads of culture and food. the Wine Road and opportunities to where wine tourism is a major part of Following the Franco-Prussian War of sample Alsatian cuisine are virtually the local economy, the Alsace region of 1871, Alsace and Lorraine (a bordering unlimited. Alsatian food has a strong France. and very distinct region of France) were German influence, but with a French seized by Bismarck, to become part of twist. One of the ”national dishes” We were on a trip to southwestern the newly declared German Empire. of Alsace is choucroute garnier. Germany visiting the Black Forest This was one of the many sources of Choucroute is a sweet, often wine- and Rhine and Moselle valleys (with friction between France and Germany marinated sauerkraut flavored with a number of good suggestions from which helped lead to the disasters of juniper berries. Around a large mound Martin Duenhoelter and other friends). World War I. The area was returned of sauerkraut are arranged sausage, From the south-western tip of Germany to France after World War I, but was bacon, ham, and other pork dishes. My we passed through Switzerland into heavily damaged by Allied bombing wife and I attempted to share a dish at
14 PIERCE COUNTY LAWYER | May/June 2014 dinner, but found we couldn’t finish it. last. We stayed in a hotel in the City of and appear solid enough to stand for We were amazed to see two couples at Colmar, which proclaims itself the most another four centuries. the table next to us, each with their own beautiful city in France; a stroll through serving. its old town and the canals of Colmar’s The wines of Alsace are mostly white, Petite Venice helped us appreciate and made from the same grape varietals Another delicious dish found Colmar’s claim. We spent some time found in German wines. Generally throughout Alsace is flammekuche, a in Eguisheim, Riebeauville, Riquewihr, they are drier and slightly higher in thin pastry crust topped with cream, and Kaysersberg. Each of the villages alcohol than the sweeter German wines. caramelized onions, and cheese, a and the surrounding countryside Popular varietals include pinot blanc, delicious pizza-like dish. Alsatian was beautiful, but our favorite was sylvaner, reisling, gewürztraminer, and bakers are famous for their many Kaysersberg, whose name reflects pinot gris. There is also an excellent delicious desserts, especially the tarte its founding by a medieval German sparkling wine, known as Cremant alsacienne, a custard tart filled with Emperor. Kaysersberg is just a few d’Alsace. Alsatian wines appear to be fruits such as plums or apples. miles from Colmar, and one of the first hard to find in Pierce County, but they things noticed upon approach, are the are worth the search. Strasbourg, in northern Alsace, is the high tower structures built to provide center of the French beer industry. My nests for Alsatian cranes. Kaysersberg is We had only a few days in Alsace, but suggestion, however, when it comes to bisected by a small stream. A view from would love to go back, perhaps during French beer: stick to the wines. The the bridge over the stream gives one the Strasbourg’s Christmas Market, one best way to sample the wines of Alsace impression of being in a scene from a of the largest in Europe. If you have is a leisurely tour of the many beautiful Brothers Grimm Fairy Tale. Large half- the opportunity to go, take it. One last villages along the Routes des vins. My timbered homes with steep roofs tower suggestion: wear loose fitting pants. It’s wife and I were able to visit four villages, above the stream. Many have been impossible to resist the temptation of each seemingly more beautiful than the lived in for over four hundred years, Alsatian food and wine.
May/June 2014 | PIERCE COUNTY LAWYER 15 by several judges, attorneys, and the someone you thought you knew for years Becoming a dean of the UPS Law School. It was the and learning that he has a thriving career twenty-fifth Inn in the nation, and was as a bongo player or a landscape designer originally called the Puget Sound Inn gives you a completely different perspec- Better Lawyer of Court. In 2005 the name was official- tive of the person you thought you knew. By Jill Guernsey ly changed to The Hon. Robert J. Bryan And the opportunity for young (and not- American Inn of Court, honoring one of so-young) attorneys and law students to the founding members of our Inn. We spend time outside the courtroom with he American meet monthly (except for the summer), judges who really are human is excellent. TInns of Court and presentations are made by a “pu- It makes walking into a courtroom for (AIC) are designed pilage group” consisting of about twelve the first time or on a difficult case a bit to improve the skills, members (judges, lawyers, law students). less stressful. professionalism and The presentations are oftentimes humor- So I encourage all of you who are not ethics of lawyers and ous as well as meaningful, and include current members of our Inn to consider law students. An Inn topics such as Clients from Hell, Sons of submitting an application. Membership includes judges, law- Chaos, and Fee Fest. applications are due in late spring each yers, law students I have been practicing law for more than year, and our Inn has about 80 active and, in some areas, law professors. Each members. Applications can be obtained Inn meets monthly both to “break bread” thirty years, and for years I was busy working, parenting, and trying to sur- from our Administrator, Mary Ann and to hold programs and discussions on Romo, at [email protected]. matters of ethics, skills, and profession- vive on a daily basis. Joining any organi- alism. Members get CLE credit for the zation involving lawyers was simply out One final note: you may find that you programs. of the question. One day I realized that enjoy the Inn so much that you decide my kids had grown up, my job was going to run for the Board of Trustees of the AIC began in the 1970s when USSC smoothly, and I was ready to get involved national organization, American Inns Chief Justice Warren Burger sought to again. So I joined the Tacoma Inn. of Court www.innsofcourt.org. I did create an organization similar to the En- that, and am enjoying my third year as a Since becoming a member ten years ago, glish Inns of Court, in order to promote Trustee. We meet twice a year; in the fall I can honestly say that I have become a the goals of legal excellence, civility, pro- we meet in Washington, D.C., and meet better lawyer and certainly a happier one. fessionalism and ethics on a national in another location in the spring. On Getting to know colleagues that I have level. The first Inn was founded in Utah, occasion we go to London to meet with seen around the courthouse has been de- and within a few years local Inns were an English Inn. More about that another lightful as well as educational; and while created around the country. Currently time. there are over 375 active Inns represent- I always knew that most attorneys were ing over 38,000 members. smart and hardworking, I never real- Jill Guernsey is a Deputy Prosecutor in the Civil ly talked to them about anything other Division of the Pierce County Prosecutor’s Office. The Tacoma Inn was started in 1987 than the case before us. Sitting next to Her area of expertise is in land use.
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16 PIERCE COUNTY LAWYER | May/June 2014
The Honorable Robert J. Bryan American Inn of Court, Chapter XXV
Is accepting Membership Applications for our 2014 – 2015 Term.
The American Inns of Court (AIC) are designed to improve the skills, professionalism, and ethics of the Bench and Bar. The Honorable Robert J. Bryan American Inn of Court (“Bryan AIC”) is a long-standing local chapter of the American Inns of Court, America’s oldest, largest, and fastest growing legal mentoring organization.
For over 25 years the Bryan AIC has provided judges, lawyers, law students, and law professors a unique opportunity to participate actively in developing a deeper understanding and sense of professionalism, in achieving higher levels of excellence, and in furthering the practice of law with dignity and integrity. The Bryan AIC continues its outreach by seeking new members who share the values embodied by the American Inns of Court.
The Bryan AIC meets monthly, one Monday evening per month, September through May, both to "break bread" and to hold programs and discussions on matters of ethics, skills and professionalism, and helps lawyers to become more effective advocates and counselors with a keener ethical awareness. Our Members learn side-by-side with some of the most experienced judges and attorneys throughout our communities.
If you are interested in membership in the Bryan AIC, please contact Mark Arend at [email protected], or 253-952-4290) or download an application at http://www.innsofcourt.org/Content/InnContent.aspx?Id=418.
The Honorable Robert J. Bryan American Inn of Court, Chapter XXV 2522 North Proctor, #411 Tacoma, WA 98406
YOUNG LAWYERS REPORT
Meetings of the Young Lawyers Section of the TPCBA are held at: Smith Alling, P.S. 1102 Broadway Plaza Suite 403 Tacoma, WA 98402 at 5:30 p.m. on the first Tuesday of each month. All lawyers under the age of 36 or who have been in practice less than five years are welcome to attend. Meetings are typically followed by an informal hosted happy hour for Young Lawyers Section Board: Morgan Edrington, secretary; Lindsay Noel, trustee; Russell Knight, president; Brian Boice, trustee; Ryan Hogaboam, treasurer; Brittany Pitcher, trustee; Nate Roberts, immediate past president. attendees.
18 PIERCE COUNTY LAWYER | May/June 2014 THETHE REGION’SREGION’S PREMIERPREMIER FAMILYFAMILY LAWLAW FIRMFIRM
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NALS of Pierce County Celebrates its
50th Annual
BOSSES NIGHT
By Scott Candoo and Susie Reeves
he 50th Annual Bosses Night and Awards Ceremony Banquet was held March 7, 2014 at the Tacoma Yacht Club. This event, held annually, is NALS way of paying tribute to the entire legal community. As this
th was the 50CONNELLY annual event, recognitionLAW OFFICES of all award winners for the past 50 years was celebrated – Tseveral of whom were in attendance. Offices located in Tacoma & Seattle, WA | (253) 593-5100 | (206) 816-3002 | www.connelly-law.com Masters of Ceremonyand Firm attorney of the Scott Year, Candoo along and with TPCBA presentation President (and of Deputy the 2013 Prosecuting recipients Attorney) Dawn Farina, kept the entire group entertained with their wit, humor and spontaneity. They were awesome! No-Host Bar J. Connelly at L. Beauregard 6 p.m. M. LeBank N. Steak Roberts A. Price and J. Kays Seafood A. Searle Stuffed Sole Buffet Dinner at 7 p.m. FormalPROVEN ADVOCATES Program - PROVEN RESULTS and Awards Presentation at 8 p.m. The program includedFormalGovernment Liabilitypresentations | PersonalProgram Injury | Wrongful Death | Civil and Rightsof this Awards year’s awardPresentation winners. atCongratulations 8 p.m. to the following: Traumatic Brain Injury | Insurance Bad Faith | Spinal Cord Injury Product Liability | Medical MalpracticeEntertainment at 9 p.m. Silent Auction Silent Auction Masters of Ceremonies Attorney Scott Candoo Lots of Fabulous Items Attorney Scott Candoo and Proceeds support our Deputy Prosecutor Dawn Farina Scholarship Fund
Reservations are on a first come, first served basis as space is limited. Outstanding PleaseFirm make of yourthe YearreservationsAward by February of Excellence 21, 2014. Boss of the Year Community Service Please make your reservations by February 21, 2014. PleaseConnell returny Law yourOffices reservation Susawithn payment Kaelin, to: Bill White Please return your reservationMessina with Bulzomi payment Christensen to: James McCormick, Mariann Solkey, PLS, c/o Candoo Law, PLLC Messina Bulzomi Christensen Mariann Solkey, PLS, c/o Candoo Law, PLLC 3929 Bridgeport Way W, Suite 304, University Place, WA 98466
Please make checks payable to NALS of Pierce County. NALS of Pierce County› would Nolike dinnerto thank tickets everyone will that be participatedsold at the door!in the Silent and Live Auctions – the donors of all the wonderful items,No anddinner the ticketsbidders willwho bepurchased sold at thosethe door! items. Monies raised will be used to increase NALS scholarship fund which assists the education of those entering the legal field. Firm Name: Firm Name: A huge THANK YOU to the following event sponsors: Connelly Law Offices, Law Office of Donald Winskill, NAME NAME NAMEBrady Law Firm, PLLC, Law Office of Lynn Johnson, CandooNAME Law, PLLC, Stuart Morgan, Clay Selby, Pacific NAMEOffice Automation and Celebrity Cake Studio. Thank you for the kind and generous donations. NAME NAME NAMEThis event could not have happened without the many hours NAMEof preparation and planning by the following NALS NAMEmembers: Lissa Flannigan, Dawn LaRiviere, Danielle Johnson,NAME Susie Reeves and Mariann Solkey. They deserve NAME NAMEpersonal recognition for this smashing event. NAME This 50th Annual Bosses Night was a huge success and we hope everyone enjoyed themselves. We are not sure how Enclosed is a check in the amount of $______for ______dinners at $40 per person. Enclosed is a check in the amount of $______st for ______dinners at $40 per person. to top thisQuestions? momentous Call event Mariann – but, Solkey, there PLS will at be (253) a 51 272-7274, and we orhope Lissa you Flannigan, will join us.PLS at (253) 597-8813. Questions? Call Mariann Solkey, PLS at (253) 272-7274 or Lissa Flannigan, PLS at (253) 597-8813. FLYERS DISTRIBUTED COURTESY OF ABC LEGAL, INC. FLYERS DISTRIBUTED COURTESY OF ABC LEGAL, INC.
20 PIERCE COUNTY LAWYER | May/June 2014 TPCBA Introduces New Community Service Awards
his year a new committee, the Community Service Recognition Committee, will create a new set of awards to recognize the good works of people in our legal community. The Committee will Twork with TPCBA President Dawn Farina to create the award categories. The goal of the awards is to draw attention to people in the Tacoma-Pierce County legal community who work to make our community a better place. That might be through diligent pro bono work, creative new ideas that help others, a lengthy career improving others’ lives, or some other notable means. We’ll feature articles about our inspiring award winners in future editions of this magazine.
The new committee is working both on determining categories for winners, and on making nominations regarding who those winners should be. If you have someone you’d like to nominate for a category below, or for a reason that doesn’t fit one of these categories, please email chairwoman Lisa Kremer, [email protected].
The awards are intended for TPCBA members, but others may be considered in special circumstances. Not every award will be given every year. These are the potential categories of awards:
• Distinguished Service: A TPCBA member who, through his or her legal work, changes lives for the better in our community. For example, this could be an attorney who consistently helps the underprivileged, or an attorney who helped achieve a change in the legal system that improves the lives of others.
• Community Service: A TPCBA member who volunteers his or her time, either in a legal or non-legal capacity, to improve the circumstances of others. This recipient could work to help others through pro bono work or volunteerism.
• Service to the Legal Profession: A person who provides outstanding service to furthering the goals of the legal profession and promoting the ideal of professionalism.
• Service to Diversity: An attorney who works tirelessly to promote and encourage diversity within the legal profession, in the community or among their peers.
• Distinguished Law Firm or Agency: A group of attorneys who work together as a group to improve their community, whether through legal or non-legal work.
• Distinguished Organization: A group or association not primarily lawyers whose contributions have, over time, had a significant favorable impact on some aspect of the legal system.
• Outstanding Jurist: An exemplary jurist who has significantly served or improved the community, whether through his or her work, or through his or her volunteerism.
• Service to the TPCBA: A volunteer who has provided outstanding service to the local bar association.
• Service to Legal Education: An attorney or educator who has provided excellent education to others – whether the public, or students, or another group – in explaining the legal system.
• Service by a New Attorney: An attorney within their first 5 years of practice who has shown commitment to improving their community, whether through legal or non-legal work.
If you have nominees for any categories or are interested in participating on the committee, email Lisa Kremer, [email protected].
May/June 2014 | PIERCE COUNTY LAWYER 21 By James Cushing
’d been talking to Matej Malovrh, who runs Adriatic Moto Tours, about his plan to offer a tour in the Icentral Alps, about where to go, what to see, and where to stay. He asked if I’d be willing to go on a “scouting” tour with him and his guides; no luggage van, no reservations, and making up the route as we went. The plan was to split up in the morning, try different routes, and compare notes at the end of the day. The group was Matej, Nico, Dusan (and his lovely girlfriend Janja), Mitch from Australia, and me. The tour was one week, with a “rest day” in Andermatt. We were to stay in a variety of lodging, from a posh ski resort in St. Anton to an “agriturismo” in Livigno and a small “garni” in Colfosco. The best part was there?” I assured him that this really 25 and since the steepest grade a horse we could go places that might be a was “the road” (watch the YouTube and wagon can climb is 11% the road challenge with a bigger group, and on video “Fun Alps Splugen Pass north snakes back and forth up the mountains. some of the smaller, more obscure roads side”). There are 48 numbered hairpins on the that might be difficult for some. Plus east side, and they are very tight, with we’d get to do some of my “bucket list” Mitch and I took a little dead-end toll abrupt transitions in the corners (watch trips. road, the Engstaleralp, winding up into the YouTube video “Swiss biker falls mountains. The toll booth at a family- down on the Stelvio”). As you climb We took the tight twisting ride up to the owned restaurant was manned by two above the tree line it becomes more and Torre di Fraele, a pair of 12th century little girls who couldn’t have been much more barren until you arrive at the top, towers on the ridge above Bormio, with more than ten or twelve, who took their where it’s like Waikiki Beach – cars, a spectacular view (watch the YouTube job dead seriously. (And spoke English bikes and people everywhere, rows of video “Transalp 650 Torre di Fraele”). as well.) The road climbs into a valley kiosks selling postcards, scarves, hats, Then we detoured off the main road that gets narrower and narrower, with tote bags, etc. Mitch was unimpressed through Lichtenstein past the Prince’s waterfalls cascading spectacularly down and when we stopped for a cappuccino castle up to the ski resort at Malbun, the mountainside. Then, sort of in the was griping about how tight and slow the “undiscovered St. Moritz”. We also middle of nowhere, there was a gasthof the corners were and how crowded the did some of my favorite routes, like where we had an excellent lunch. road was. That’s true, but to be a rider the Splugen Pass. We were on the way in the Alps and not do the Stelvio would Of course we did a lot of the passes there, on a road so small that at one be like a devout Catholic going to Rome point it’s signed as a bike path, when that you’d want to see, like the Passo and not visiting St. Peter’s. Nico stopped and pointed over to the di Stelvio, “the mother of all mountain autostrada, saying “shouldn’t we be over roads”. The Stelvio was built in 1820- We stayed at the Drei Koenig in
22 PIERCE COUNTY LAWYER | May/June 2014 we stopped to admire the Tuefelbruke, knowing I wouldn’t be staying there; the “Devil’s Bridge”. The story is that that’s the kind of reception you get on a the villagers were looking at the gorge bike. and had decided there was no way to The more I’ve done this the more I’ve build a bridge across it, when suddenly come to appreciate the history and the Devil appeared and said he’d build culture of the places, so it’s more than a bridge in exchange for the soul of just “the ride”. And being in a small the first being to cross it. The villagers group means less of a “barrier” between huddled, and agreed to his terms. The you and the locals as well as other riders. Devil built the bridge and the villagers I was at the top of the Bernina pass, herded a goat onto it. The Devil, doing the “rainsuit dance” (struggling realizing that he’d been tricked, became into my rain gear) when a group of furious and picked up a huge stone to German riders stopped and asked how smash the bridge, but an old woman to get to Lucerne, so I explained it to made the sign of the cross, so the Devil them. This was a good trick since they flung the stone down the valley and didn’t speak English and my German is fled. That stone is still there. When limited to “bitte” “danke” and “eine bier”. they built the car tunnel they moved the stone (which weighs 220 tons) 127 In Colfosco there were a lot of pictures feet, at the cost of 300,000 Swiss francs. of people parasailing, and I recognized Carved into the hillside above the bridge the owner in several of them. We had a is a huge Cyrillic cross with a dedication chat and he described how he had flown in Russian, giving thanks to General from Kobarid in Slovenia to Corvara in Suvaruv, whose Russian army drove the Dolomites, a good 200 kms, taking 7 Napoleon’s troops out of Switzerland in hours. Then, at the top of the Nuefenen, 1809. I got talking to a guy whose daughter was going to university in Nashville; It’s almost impossible to convey what his only concern was that she might the riding is like. Car drivers are (for not want to come home. Stopping on the most part) much more alert to and the Furka pass at the Rhone glacier aware of motorcyclists, and motorcycles lookout I struck up a conversation with are an accepted part of the scene. When a German couple (both riding bikes). you pull up to a restaurant or hotel They asked about my Slovenian license Andermatt, which has been there since nobody looks down their nose at you. plates (European riders always look at the 1700s. Names in the register include I’d split off from the group and, arriving the plate to see where you’re from). I Johan Goethe and Art Garfunkle. The at Livingo, realized I didn’t know the explained this was a “scouting” tour, “rest day” allowed Mitch and me to do name of the “agroturismo” where we working out the best routes, etc. He the “Andermatt figure eight”, crossing were to stay – all I knew was there were looked up at the cloudless sky, then out 5 passes (Furka, Grimsel, Susten, St. 8 rooms and it was brand new. Well in at the spectacular view, and turned back Gottard and Neufenen), dropping into this valley there are hundreds of hotels, to me saying “you call this working?” Italy and back. Remember the scene in gasthofs and albregos, so after a pleasant “Goldfinger” where Bond pulls over at a wander from one end to the other I hairpin turn and Tilly Masterson takes stopped at the Hotel Amerikan and Jim Cushing is a sole practitioner in Tacoma, a shot at Goldfinger, narrowly missing asked if they knew where it was. That who has been practicing for thirty-odd years, Bond? That was filmed on the east side drew a blank, but Veronica set me up and has been riding motorcycles even longer. of the Furka pass, and it looks pretty with a laptop and Wi-Fi, and fortunately And yes, he’s heading back to Europe this summer. much the same today. there was an e-mail from Matej with On the way down the Schollen Gorge the name and directions. She did that
May/June 2014 | PIERCE COUNTY LAWYER 23 Half a Century of Legal Practice By Matthew H. Thomas
t the Lincoln Day Banquet this being the longest serving year, Attorney Robert (Bob) Chief Justice in the Beale and retired Washington history of our State. He ASupreme Court Justice Gerry Alexander has now returned to law received awards commemorating each practice at the firm of of them for 50 years of legal practice. Bean, Gentry, Wheeler, As it turns out, Bob Beale and Justice and Peternell in Olympia her undergraduate degree and law school Alexander have been friends since they where he specializes in and is now a U.S. Magistrate Judge in first met in high school while attending arbitration, mediation, and appellate Tacoma). Boys State and they later attended the consulting. Justice Alexander said that University of Washington, School of Law returning to a law firm practice has made Advertising was almost non-existent. together. They both began practicing law him feel younger. Under the ethics rules at the time, an in 1964. attorney could only advertise their I interviewed both Bob Beale and Justice name, address, and telephone number in After passing the bar exam, Bob Beale Alexander about what the practice of law the yellow pages. The Washington State went to work for a Tacoma firm, Murray, was like in 1964 and how it has changed. Bar even restricted the size of the letters Scott, & McGavick (now McGavick Here are some of their observations. on office signs. Lawyers could not even Graves) where he has worked for 50 mention their area of practice. years. Justice Alexander went to work What was it like for an Olympia law firm, Parr, Baker, practicing law in 1964? Most lawyers at the time were general Alexander and Cordes, and later served There were far fewer lawyers and judges practitioners. Judges directly appointed as a judge of the Thurston and Mason in the 1960s. Bob Beale recalled that lawyers to represent indigent defendants. County Superior Court. During those when he started practicing, there were Bob Beale recalled that the Tacoma years, Thurston and Mason Counties six superior court judges in Tacoma and Pierce County Bar Association published were in a joint judicial district. Justice no court commissioners. The judges a minimum fee schedule for lawyers, Alexander went on to serve on the handled all ex parte matters themselves. which started at around $35 an hour. The Washington State Court of Appeals, Justice Alexander practiced law in Thurston-Mason County minimum fee Division II, in Tacoma, and then he Olympia and recalls Thurston County schedule was $25 per hour. served on the Washington State Supreme had 33 lawyers. Of those, only three were How has the practice of Court, until he reached the mandatory women. With fewer lawyers you got to law improved? retirement age of 75 in 2011 and had know most of them well. to retire. He was Chief Justice for nine Both agreed that specialization of the seventeen years he served on the Bob Beale recalled that there was no has improved the practice of law. Supreme Court and has the distinction of Washington State Court of Appeals at Justice Alexander said that because that time, there was only the Washington of specialization, clients get better State Supreme Court. So cases went representation. Bob Beale noted that the directly from the trial court to the specialization is necessary today because Supreme Court. the law is more complex and there is more of it. As an example, Bob noted Technology was limited and you had the expansion of two relatively new much less overhead. The typical law areas of substantive law: bankruptcy and office had a telephone and an electric environmental law. typewriter and most documents were typed with carbon paper, so you would Technology also has improved the have copies. Xerox copiers hadn’t arrived. practice of law. Justice Alexander also The closest thing to a copier then was noted that in 1964, they just had the something called a Thermafax, which telephone and electric typewriters. made wet, smelly copies. Bob singled out email as the greatest technological improvement to the Lawyers dictated most things. To dictate, practice of law. they used rudimentary, but reliable, dictating machines built by IBM; To find happiness in the legal profession, magnetic tapes were not yet in use. Justice Bob recommends specializing in an area Alexander recalled leaving dictation for you enjoy and joining a firm of like- his legal secretary, Karen L. Strombom, minded people. to transcribe. (Karen Strombom worked as legal secretary for Justice Alexander’s Matthew H. Thomas is the firm from 1970-71. She left to complete Secretary/Treasurer of the TPCBA.
24 PIERCE COUNTY LAWYER | May/June 2014
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CHARLES S. BURDELL JR. GEORGE FINKLE BRUCE W. HILYER Former King County Former King County Former King County Superior Court Judge Superior Court Judge Superior Court Judge
LARRY A. JORDAN PARIS K. KALLAS STEVE SCOTT Former King County Former King County Former King County Superior Court Judge Superior Court Judge Superior Court Judge LARRY A. JORDAN PARIS K. KALLAS STEVE SCOTT Former King County Former King County Former King County Superior Court Judge Superior Court Judge Superior Court Judge
JUJUDDICICIAIAL LD DISISPPUUTETE R REESSOOLULUTTIOIONN · ·J oJosshhuuaa G Grereeenn B Buuilidldiningg · ·1 1442255 F Foouurrthth A Avvee.,., S Suuiittee 3 30000 ·· S Seeaattttlle,e, W WAA 9988110011 ·· 220066..222233..1669 ·· jjdrllc.com RON’S RULES AKA: SUGGESTIONS
PART TWO OF FOUR By Judge Ronald Leighton, US District Court
COLLEGIALITY 2. Honesty is the best policy. You c. It is not important that opposing should be completely candid, totally counsel be friends, but some of my 1. Be yourself. If you like yourself, if you forthcoming, and absolutely honest best friends in the law are people I like your work, and you like the people with the Court. The Solicitor General’s have tried cases against. around you, you will be effective and Office, which represents the federal successful. government in cases before the United d. Like lawyers, judges never forget who lied to them. Present credibility • Some of my best friends in the law are States Supreme Court, has developed is based on the past. those who have been my opponents. enormous credibility and prestige as a result of its longstanding practice of e. The Federal bar is small; Judges 2. Respect the jury. Jurors are the wisest providing the Court with the utmost know attorneys and talk about people on the planet when they are professional assistance and absolute them regularly. The talk is generally performing an exercise of collaborative candor in every case. You should and overwhelmingly positive but decision-making. likewise strive to earn the trust and there are exceptions and I would • Do not talk down to them. confidence of each court in which you never want to be among that small • Lead them! Inspire them! appear. This is a constant, career-long number of lawyers talked about in process. Just as a balloon explodes from that light. 3. Enjoy fellowship. Lawyers are a single pinprick, a reputation built the most interesting people in the case by case over many years can be f. Remember – you are an officer of world. Being civil in an adversarial destroyed in an instant. the Court and when your duty to the environment can be hard; it takes client collides with the public duty, effort to be a good lawyer. There is 3. Never wager your credibility. your public duty as officer of the Court prevails! no substitute for preparation. Be a. Order in Bancroft v. Scolari professional, be pleasant, be reasonable to the Court, to your client and to your The Court has amply telegraphed CONCLUSION opponent. its belief that Plaintiff’s “Premium Life insurance program is, at best, a The bat boy of the Akron Aeros long ago 4. Respect the profession. Enter the scheme and, at worst, a scam.” This said that “Baseball is a dance of the heart courtroom with reverence. Respect all Court has on multiple occasions and the spirit. The best players have that people who serve the interest of justice. dealt with the factual underpinnings dance inside them.” This applies to trial Your attitude and conduct insures that of Plaintiff’s Motion for Partial lawyers as well. The best trial lawyers are our system survives and thrives in the Summary Judgment. No matter born, not made. future. how the parties reformulate the • Be of good cheer. 5. Avoid discovery disputes. If at all questions, the answer is the same: • Be tolerant of one another’s foibles. “That’ll be DENIED.” The Court does possible avoid discovery disputes. If you • Avoid anger. not believe the parties. The Court are unable to do so, narrow the issues, • Choose your words carefully. don’t use intemperate language, and does not believe the lawyers. This Take time to reflect on your good frame your arguments in concise terms matter will be resolved once and for • fortune. without adjectives or invective. all in the crucible of trial. Credibility issues alone prevent summary • You work in one of the few adjudication of case issues in this professions where you have the CHARACTER matter. opportunity to inspire others by your 1. Don’t ever call your opponent a words, your deeds or your very being. b. The two most important weapons liar. Not the lawyer, the witness or the And to top it off, you get paid for it. litigant. Ask penetrating questions a successful lawyer has at his/her politely and calmly. Show them to be a disposal is their credibility and their liar; allow the trier of fact to reach that civility. conclusion. CONTINUED IN THE JULY/AUGUST ISSUE.
May/June 2014 | PIERCE COUNTY LAWYER 27 11* Cardinal Rules of Family Law Mediation (*taken from the speaker volume settings from the movie, Spinal Tap) by Marc Christianson
or clients wishing Be reasonable if you want to settle. to avoid drawn- 1. “Shoot for the moon” demands out courtroom decrease credibility and the opposing Fdrama during a party’s willingness to actively divorce, alternatives to participate in mediation. If you are litigation are appealing. new to family law, or unsure of the The Family Law appropriateness of your proposal, the opposing counsel and define what bar has recognized review your case facts with an the mediator’s role will be. Will they the importance of experienced family law lawyer and be providing input upon request in developing alternative ask for his or her opinion. caucuses or will they remain silent? methods of handling disputes outside of the courtroom, and the popularity of 2. Prepare your client for the 4. Pay close attention to your client’s mediation, arbitration and collaborative mediation process. Mediation behavior. Strategic and well-thought- divorce has increased across the country. should not be the first time a client out representation is of no use to a I have been practicing mediation, both as hears about weaknesses in their case client who is not mentally stable and a lawyer and mediator, for more than 30 that may impact the trial outcome. level headed. If behavior becomes years, and I believe it is an important tool Although there may be tactical erratic or questionable before in family law cases to avoid expensive, reasons not to address weaknesses in mediation, suggest that they seek litigious marriage dissolutions. court, full disclosure to the client and professional guidance and realize that in mediation is always a good policy. mediation might not be the right path If you have a client interested in pursuing for them. If children are involved, mediation, here are a few lessons I have 3. Set clear expectations. Decide make sure your client is seeking learned throughout the years that will whether meeting together or custody for the right reasons. ensure both parties have a positive separately in caucuses will work best experience. for your client and the settlement Be realistic with the mediator. In a process. Also, be sure to meet with 5. caucus session, when the mediator
McGavick Graves, P.S. Mediation and Arbitration Group Combined experience of over 240 years. Our team is ready to help resolve complex matters. See us at www.McGavickGraves.com 1102 Broadway, Suite 500 Tacoma, WA 98402 253-254-5900 Barbara Jo Sylvester Hon. Rosanne Buckner, Ret. Henry Haas Robert Beale William P. Bergsten Cameron J. Fleury
28 PIERCE COUNTY LAWYER | May/June 2014 asks you about possible trial result Consider naming a binding Mediations that drag on for eight ranges based on the facts, be upfront 8. arbitrator. In the final agreements, or more hours run the risk of and honest. If high expectations are some attorneys will name the decisions based on fatigue and created, the case does not settle and mediator or another third party misunderstanding. You never want the expected results are not delivered as a binding arbitrator over future to receive a call the next morning at trial, you will be spending a lot disputes. This can provide a quick that your client did not understand of time with a very unhappy former and cost-effective resolution, as the the agreement they signed the night client. mediator is already familiar with the before because they felt rushed case. and ill-advised. Settlement can be 6. Prepare your mediation materials achieved over several hours. As the neutrally and focus on the facts. 9. Be flexible. Understand that the saying goes, “a good deal today is a Provide data support for asset and mediation process will evolve from a good deal tomorrow.” liability values, making sure to begin detailed examination of the law and the valuation process as early as facts, to a process which focuses on Realize that mediation might possible. Stick to the objective data, how much money will change hands 11. not always result in a solution. If not subjective bias, to argue your or what has to occur for both parties parties cannot come to an agreed- client’s position. to agree on a solution. Remember that upon settlement and wish to pursue clients and attorneys are frequently litigation, make sure they are fully 7. Bring proposed final pleadings to distressed by the terms of a negotiated aware of what is in store: more the mediation with the ability to family law settlement because both trial preparation, the thrill of being revise them on the fly. I typically parties are required to find common deposed, additional fees and costs bring a laptop and portable printer. ground and neither gets exactly what and, most importantly, the fact that a Walking out of the mediation with they want. Judge will have the final say in what the final pleadings signed and ready happens to their assets and children. to enter is much better than arguing Avoid burnout. Decide in advance over the meaning and intent of CR2A 10. how long you and your client terms over several weeks or months can remain focused and exercise Marc Christianson is a Partner at McKinley or needing to schedule another good judgment, then agree on a Irvin which serves clients in Seattle, Tacoma mediation session to clarify. general time to end the mediation. and Portland. For more information, visit www.McKinleyIrvin.com.
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May/June 2014 | PIERCE COUNTY LAWYER 29 Big Technology – Small Firm Getting High-Impact Technology on a Small Firm Budget By David Smith
s many in the Pierce County To answer this issue simply, Windows time, from anywhere. For example, Bar may know, I am both a 8 was introduced in October of 2012 if I am in court and meet up with a computer expert (“Geek”) and and since then, as with every operating colleague at the lawyer’s lounge, I can Aan attorney. I started my career in system I have ever worked with, has enter their updated or new contact computers at the tender age of 15 (I gone through its initial growing pains. information into my Windows phone am 49 now) learning to program an However, about six months after the and the data automatically is sent to my Apple IIe. At 19 years of age I obtained Windows 8 introduction, it became a desktop, tablet and all of the desktops of a job running the personal computer stable operating system for everyday my staff. department for an insurance company use. In addition, if I have a calendar event in Des Moines, Iowa. Since I graduated My office relies heavily on the reliability such as a meeting with that same law school and passed the Bar, I have of the Windows 8 platform. We colleague, I can put the calendar event spent most of my career incorporating are currently using Sage Timeslips, into my phone and it also updates my my technology skills into my legal work. BestCase Bankruptcy Software, desktop, tablet, all of my staff and the I began practicing law in 2000 and have Microsoft Office 365, and many other phones of my staff. a solo practice with a hardworking utility software products commonly staff of five. My practice consists of E-mail, on the contrary, is a little tricky. used by practitioners, and there are no Bankruptcy, Litigation, Real Estate and All of the e-mail comes to each device. products that I have used in the past at other general practice work. However, if I send an e-mail out from my law office that do not integrate into my phone or my tablet, that e-mail Because of my background, many solo the Windows 8 environment for my does not get updated to my desktop. and small practitioners in Pierce County desktop. The remedy for this is simple, though: regularly seek my advice regarding The latest exciting thing I have been I automatically forward the e-mail to new technology and my thoughts utilizing is the seamless integration my desktop and then I have a record about integration of technology into of the Windows 8 phone, tablet of what was sent. Considering the cost their own practices. Recently those and Desktop. I have been using of an exchange server or Blackberry discussions have centered on how I have Office 365 software for syncing our device, this innovative approach is integrated the new Microsoft Windows calendar, contacts, documents and highly economical for a solo or small 8 desktop, tablet and phone to enhance communication with both staff and practitioner. productivity at my office. clients. Lastly, using Office 365 and Windows 8, First, I will address the common This is made possible because the if I need a document, my assistant can concerns of the Windows 8 desktop, Windows 8 Operating System allows upload the document to the Microsoft’s which you may have heard as me to synchronize my desktop, phone “One Drive” cloud environment which presenting an unstable environment and tablet so that all three are up to I can update and send back to my own for practical use. This misconception date for e-mail, calendar, contacts and desktop. is due to outdated rumors that tasks, and all of this without the need suggest the software and hardware are I have gotten the most out of the for an expensive exchange server or not compatible; that the product is Windows 8 operating system by using it considerable technical prowess. cumbersome to use; that there is great in conjunction with the Samsung ATIV time and cost involved in upgrading The brilliant implication of this 500T Tablet. Note that there is another your current environment to the new integration is that I can access and Samsung ATIV tablet, the 700T model. one. update information on my server any It has a faster processor, but do not buy
30 PIERCE COUNTY LAWYER | May/June 2014 that model. It is a battery hog (because I enjoy using this tablet because it opposed to Federal Court), the only it has a faster processer). I usually do provides all of the access to my files thing I cannot do is hand the tablet not like being too specific about what to and data I need, as well as the ability to to the judge to sign the order when I purchase when it comes to technology, keep notes, annotate PDF documents, prevail on my argument. Alas, I have but because of the usefulness of calendar, e-mail, update my social finally found the bottleneck for the attributes specific to this tablet, which I media and surf the net. paperless society. In any event, using touch on later, I make an exception. this tablet I really see no difference It is very light (only 1.7 pounds) and between writing on the tablet and the battery lasts nearly all day (the battery tests I have seen online seem writing on paper. to consistently last 8-9 hours which is For example, because the tablet allows consistent with my findings). The unit me to sign documents (which I can file), does not have a noisy fan and never I also use it to have my clients sign my seems to get hot. It has front and back engagement letters as well as pleadings facing cameras, USB port, mini HDMI such as declarations. And, at the connection, memory expansion port, office, using the tablet in this manner and Wi-Fi and Bluetooth capabilities. eliminates extra steps of printing, Lastly, the screen size is 11.6” which scanning and moving the scanned is bigger than the Apple iPad (9.7”), document to my server. I just sign or Microsoft Surface (10.6”) or Asus my clients sign and then save to the To do this in your own office, you need Transformer (10.1”). The extra couple server. to have a Windows 8 desktop, tablet of inches really make a difference and phone. Also, you need Microsoft when taking notes, annotation of Furthermore, the clients’ reception Office 365 which contains the entire documents, or that extra space needed to the new technology has been very Microsoft Suite including Microsoft when having to use the unit to type on- positive. I thought, at first, that the Word, Excel, Outlook, PowerPoint, screen. Cost of the unit is about $650 clients would be uncomfortable with Publisher, Access and OneNote. You to $750 depending on whether you get reading and signing on the tablet. can install the software package on up the keyboard with it (I recommend But I think because digital signature to five machines. You receive regular that you do). If you want to see the technology is so pervasive now, such as updates over the internet and all at a unit in action, go to my website, www. digital pens at stores and kiosks, most cost of $99 per year. Really, if you get davidsmithlaw.com, and click the blog clients have no trouble with the reading anything out of this article, it should be tab and click on this article and then and signing on the tablet. to go out and buy Office 365. Instead click on this link: http://www.youtube. of paying over $200 for every desktop com/watch?v=Q0EZdPQSUBc In fact, I have started having my staff at your office for the current version bring drafted documents and pleadings Now, how have I incorporated this to my office on the tablet for signing, of Microsoft Office that you can install technology into my practice? First, for on one machine, you pay about $100 which saves me the time to open the litigation I have gotten into the habit document up on my tablet, sign and and install on five units. The only of downloading my clients’ case files downside is that it is a subscription. save (imagine Captain Kirk being given before going to court. Then when I an electronic pad from his yeoman). So, if you intend to only use Microsoft get to court, I use the tablet to review Office for one year (unlikely, unless the briefing for my hearing. If needed, you are a solo practitioner retiring I annotate the pleading I am going to next year) buy Office 365 and pay the refer to while at the hearing. Usually, yearly subscription. It pays for itself in while opposing argues, I can switch short order and it keeps you up to date screens to a notepad and take notes, with the latest software updates from or I will “split” the screen to take notes Microsoft. (electronic notepad on the left and pleading on the right). I usually note The other information I want to impart where opposing counsel says things that is my experience with the Samsung I think are incorrect or just cheap shots ATIV 500T Tablet. I have to say, I have at my client. Then when it’s my turn to been using technology for thirty-four talk, I can reference my written notes years (well, if you don’t count my Atari during my reply. And of course later, “Pong” game I got for Christmas in when I get back to my office, I can save 1976). In all that time, I have never seen them to my client’s electronic file. a product so well catered to the business user and to lawyers specifically. Unfortunately, in Superior Court (as continued on next page
May/June 2014 | PIERCE COUNTY LAWYER 31 Big Technology – Small Firm continued The Samsung ATIV 500T Tablet pen both of these technologies built into If you are running a solo or small law technology is different because for it. So you can use your finger to flip office, you should be a little more nimble writing, the tablet uses a stylus which through pages, swipe and pinch and than those larger firms, who tend to behaves like a regular pen. For example, use your hard pen to write notes, draw lag behind in such technology because if you press harder with the ATIV stylus, and most importantly annotate and sign to make such changes, the larger law the line you are drawing can be made documents. firms have to have a committee chair, thicker. In fact this stylus technology a partner meeting and then voting and Using this technology in your law has 1,024 levels of pressure when you such. So, as with all things new, this practice will require a transition write. This is because it uses a special technology will create an initial cost period for handling documents and technology called “Active Digitizer and training hit, but that will certainly notes. By shifting to this technology, Technology.” Most tablet touch screens be offset by the large efficiency gains slowly but surely, you are really going have “Capacitive Touch Technology” in your everyday work. For me, that to begin to convert naturally over to a which uses your finger to write and means more time to spend with my paperless office. That is because when draw and is not pressure sensitive. I wife, Lisa, and my two girls, Allie and you incorporate this tablet into your find that finger-based technology lacks Torie. It could make all the difference everyday work, you will have less and precision; it is great for flipping pages for you, too. and swiping actions, but lousy for note less need for paper to complete your taking and annotation. The ATIV has legal tasks.
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32 PIERCE COUNTY LAWYER | May/June 2014
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May/June 2014 | PIERCE COUNTY LAWYER 33 A Law School for Tacoma and the South Sound
By Valarie Zeeck “We shape our buildings, and afterwards our buildings shape us.” -Winston Churchill, 1944, on the need to rebuild the House of Commons after its destruction in WWII
hurchill was speaking about business development, and international buildings, but his comment Does the World Need trade. clearly applies to the Another Law School? C“institutions” of civilization as well. The school will be a branch of the The answer is a strong “yes,” if it is the University of Washington Law School. Through the good work of many right school, in the right place, at the It will be something of a “lab school” - a in this legal community over the right time and if it serves an area where small, innovative, boutique program, past two years, we are shaping an there is demonstrable need. The legal customized for the South Sound and institution – a law school in Tacoma world is rapidly changing, and facing southwestern Washington. It will that will be a branch of the University new challenges. The Washington State incorporate into every aspect of its of Washington School of Law – Bar Association conducted a survey in curriculum concepts of entrepreneurship, that will help the South Sound and 2012, which concludes that almost a third leadership, ethics, civility and the southwest Washington communities of the state’s practicing attorneys may importance of the rule of law in build a vibrant and unlimited future. retire in the next several years. http:// American culture. In the spring of 2012, a Study Group www.wsba.org/About-WSBA/Diversity/ It will be among the first law programs convened to discuss forming a law Membership-Study specifically designed to operate well in school at UW Tacoma. After many The University of Washington has stated the new legal-services market that will hours of effort, planning, and study, its willingness to expand its presence emerge from the Great Recession. As the a professional feasibility study to better serve the South Sound and surveying 47 local leaders of the legal economy improves, the UW Tacoma southwestern Washington, and we are law school will be moving forward. business and legal communities was delighted to have them as partners. conducted, and 93% said the law school project should be pursued and Graduate students, including lawyers, that the needed funds could be raised. tend to work in the community in which What will be Different they study. The legal community in As word of the project became Tacoma and the South Sound needs law About the UW Tacoma known, its champions expanded. graduates who want to work in Tacoma Law School? In March 2014, the Washington and the South Sound. Legislature appropriated $400,000 of The program is projected to begin in the $2,500,000 needed to make the The community would gain the Fall Quarter 2016 with 30 students. The dream a reality. We are choosing to intellectual and economic stimulus recruitment of students will be done with build an institution that will reshape of having professors and professional the same high standards for excellence our legal community. The law school students back in the community. characteristic of the current UW School at the UW Tacoma is happening. of Law. Tacoma and Pierce County also have Here are the key questions the group growing sectors indicating a need for In addition, the program will seek has asked and answered. specialized legal skills that are also students who exhibit a strong desire strengths of UW Tacoma: environmental to live and work in the South Sound issues, urban planning, cyber-security, area of Washington - especially Pierce,
34 PIERCE COUNTY LAWYER | May/June 2014 Thurston and Kitsap counties and further Students will have the opportunity to The degree will be granted from the south - a growing region that needs consider completing a joint degree from University of Washington School of outstanding lawyers for firms, agencies, one of UW Tacoma’s masters programs, Law. Opening a second campus of and businesses. especially in areas such as Urban Studies, the existing school will simplify the Health Care Leadership, and Business. required ABA accreditation process. Faculty will be professors at the UW Upper-level law courses in these areas School of Law -- which is known as a will be offered to encourage growth in This is an opportunity for us to build highly respected and top-ranked public these subjects on the UWT campus and an institution that will contribute law school. The first-year program will to provide the legal expertise these fields to the South Sound and southwest be taught by full-time faculty hired require. Washington in positive ways we specifically to teach at UW Tacoma. can’t imagine -- by training new Upper-level courses will be taught by The final year of the curriculum is generations of lawyers who will a mix of full-time faculty (those newly envisioned as an apprenticeship in one resolve disputes in the private sector hired for UW Tacoma and current or more areas of law, business, or policy. and seek to serve the justice system in faculty), UW Law professors and adjunct The plan is for students to more fully the public sector. They will lead and faculty (outstanding part-time faculty transition to professional roles and more create businesses in our community drawn from practicing attorneys). immediately contribute to firms, clients, and serve as civic and volunteer businesses and the community. leaders. Facilities for the program will be on the UW Tacoma campus. This will be an If we seize this opportunity and create evening program, filling a need otherwise The Law School at this law school for the South Sound, it largely unmet in Washington. As an will help shape us for generations. evening program, working professionals UW Tacoma will be -- often gifted students who simply can’t afford to stop working for three years -- Distinct in Several can keep their jobs and earn a law degree. Ways. Valarie Zeeck is a partner at Gordon Thomas Honeywell. UW Tacoma already has a thriving evening program in other disciplines, First, it will be community-based, shaped especially at the masters level, and so the by community needs and UW Tacoma’s campus has full support during those mission as an urban-serving university. hours. Students will be supported by qualified staff in areas such as library, Second, the education will career services, and academic advising. unapologetically focus on producing lawyers who can think critically and have A robust partnership is envisioned the practical knowledge to be effective between the law program and the legal lawyers the day they pass the Bar. community. From orientation, students will be assigned a mentoring lawyer from Third, students will be able to focus on the area. Local businesses, law firms, practice areas consistent with strengths individual lawyers, judges, the Attorney of UW Tacoma and the region -- namely General’s office, the Prosecuting Attorney in water, the environment, cybersecurity, and Department of Assigned Counsel, business development and international will be asked to provide internships, trade. Alternative dispute resolution, externships, and clinical opportunities including mediation, will be emphasized for students as part of their educational in every practice area. program, and to share their resources, Fourth, there will be a strong applied including libraries. approach in community service, Starting the summer after their first year particularly in the third year, where each students will be encouraged to clerk in student will be encouraged to pursue these offices and earn credits in roles apprenticeships. structured as externships or clinical Fifth, we will explore new modes courses. In that way, students will gain of education, including online and practical experience and become part of hybrid alternatives, consistent with the the legal community as they continue innovative spirit at UW generally, and with upper-level core classes and UWT, in particular. electives.
May/June 2014 | PIERCE COUNTY LAWYER 35 THE EAR MAY/JUNE 2014
Judge Phillip Sorensen Speaking of the lounge, steps are was welcomed to the being taken to have more appropriate Pierce County Superior programming for the newly installed Court bench at the official television monitor. Rumors are that Swearing In Ceremony on April 3, 2014. reruns of the Jerry Springer show are One highlight was a story he related not appropriate viewing for family law about his experience as a pro-tem judge lawyers who are trying to be civil with SAVE a number of years ago. He was presiding each other. over a case involving a pro se when the pro se dialed 911 during the court The Young Lawyers’ well-attended social THE proceedings. When Judge Sorensen gathering at the Harmon Taproom on asked the pro se what he was doing, St. Helens was a success with cold beer he said he was reporting someone for and pizza. Reports are that the Young DATE impersonating a judge - Judge Sorensen. Lawyers conversed with some of the The other highlight was Judge Sorensen more seasoned, aka, “older” lawyers. AUGUST 9, 2014 leading the crowd in a round of “Happy The annual golf tournament is scheduled Birthday” to his wife Susie. for Allenmore Golf Course on August LAWYERPALOOZA Molly Ringwald, known for roles in 1. It is expected that the clubhouse will “Sixteen Candles” and “The Breakfast be open for a pre-tournament lunch. Club,” joined guitarist Peter Buck of Maybe there will even be a beer cart R.E.M. for an 80s flashback at our making the rounds for thirsty golfers. Prosecutor Mark Lindquist’s campaign While this may improve hydration, it kickoff party on Friday night, April might not be conducive to good golf 4. Molly even went to the after-party scores. at The Swiss where she hung out with Kevin Rundle is calling all bikers/ TPCBA members. motorcycle enthusiasts who are looking Our readers are reminded that June 6 is for an excuse to ride once or twice a National Doughnut Day. An appropriate month from May through September on celebration will be led by Trustee Steven a Thursday after work. If interested, call Merrival whose campaign promise was Kevin at (253) 272-4181 or krundle@ better doughnuts in the lawyers’ lounge. ywcapiercecounty.org. The celebration will be held in the courthouse lounge. LAW OFFICE OF ZENON PETER OLBERTZ ______
CRIMINALLAW LAWOFFICE OF Available for Consultation ZENON or Referral PETER OLBERTZ ______I have been representing individuals CRIMINALand businesses CRIMINAL LAW LAW Available for Consultation or Referral charged with major Available crimes in for Consultation federalI have and been state representing courts for or individuals overReferral and 25businesses years. chargedI have with been major representing crimes in federal and stateindividuals courts for and over businesses 25 years. charged with major crimes in 1008 SOUTH YAKIMA AVENUE SUITE 302 1008 SOUTH YAKIMA AVENUE,federal SUITE and 302 state courts for over TACOMA, WASHINGTON 98405 TACOMA, WASHINGTON25 98405years. (253) 272-9967(253) 272-9967 • (253) 572-1441 (fax) (253)[email protected] 572-1441 (fax) [email protected] SOUTH YAKIMA AVENUE, SUITE 302 36 PIERCE COUNTY LAWYER | May/June 2014 TACOMA, WASHINGTON 98405 (253) 272-9967 (253) 572-1441 (fax) [email protected] CLASSIFIEDS:
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We proudly introduce our newest associates Watch for Travis – a 2013 Order of the Coif graduate of University of Oregon upcoming training in School of Law, where he was the Sources Editor of the Oregon Law Review – has joined GTH’s Business & Employment Group to focus July & August on business transactions and advice, business and commercial litigation, and general litigation. Abigail – a 2009 cum laude graduate of Seattle University School Contact us for registration and of Law, where she was the Articles Editor for the Seattle Journal more information. Attorneys clockwise from upper for Social Justice – has joined GTH’s Defense Litigation Group. left corner: Capitalizing on her prior civil litigation experience, Abigail is focusing on insurance defense, construction defects, asbestos • Travis A. Mahugh litigation, and other civil litigation. Wilka Michaelson • Abigail J. Caldwell Christopher – a 2012 graduate of University of Washington School of Law, where he was Chief Articles Editor for the Washington [email protected] • Christopher T. Wall Journal of Environmental Law & Policy – has joined GTH’s Litigation Group to focus on civil rights, personal injury, employment law, and Christol Oliver • Amanda McLean Nathan environmental law. Previously, Christopher clerked at the Alaska Supreme Court for the Honorable Walter L. Carpeneti from 2012- [email protected] 2013, and for the Honorable Joel H. Bolger in 2013. Amanda – a 2013 graduate of the University of Washington School of Law, where she was a Notes & Comments Editor for the Office: 253-267-5477 Washington Journal of Environmental Law & Policy – has joined GTH’s Real Estate & Land Use Group to focus on land use, real estate, and Fax: 253-267-5641 environmental law. Lakewood, Washington gth-law.com Tacoma: 253-620-6500 • Seattle: 206-676-7500
TPCBA 4.75 x 4.625 GTH Announcement.indd 1 3/26/14 12:43 PM May/June 2014 | PIERCE COUNTY LAWYER 37 ZEN LAWYER BY MARK LINDQUIST
Zen LawyerCHAPTER 2
In The Hangover Part II, the three protagonists enter a entanglement. This approach is based on the premise Zen monastery during meditation time, chatting away. that creativity vitalizes us while conflict depletes us. A monk hits them with a stick. They complain. The I appreciated this as a good model for the civilized monk whacks them some more. practice of law, but wondered about the moves ahead. They are suddenly enlightened. “What do you do,” I asked, “if a slow learner “The iftG of Insults” is a Zen story about a master comes back the next day, and the next day, and so swordsman. Many students studied under the old on?” master. One day, an infamous upstart arrived at the old “Use the stick, but with no ill intent.” man’s village to challenge him. The challenger’s well- known technique was to wait for his opponent to strike, In The Hangover, the Zen monks were silently saying, then counterattack with a fatal blow. The challenger, like “No talking in the temple during meditation.” In other the master, was undefeated. words, be polite, play by the rules. After several well- intentioned whacks, the visitors got it. Against the advice of his concerned young students, the old master accepted the challenge. As the two faced off, In litigation, the functional equivalent of the stick is the challenger hurled insults at the master, attempting CR 11 sanctions. A small fraction of lawsuits are filed to provoke an attack. The challenger even spit and threw in bad faith. Lawyers sometimes respond by seeking dirt. The master, however, would not make a move. The sanctions, a rare remedy for rare cases. In our office, we insults went on for hours, yet the master stood there have successfully recouped taxpayer money through motionless and calm. sanctions, but we also seek to enlighten opposing parties Finally, the challenger exhausted himself. Defeated, he and counsel. left. Be professional, play by the rules. The master’s students gathered around him and asked My mother would call this good manners. how he could endure the challenger’s insults and impertinence, how could he not react? “If someone comes to give you a gift and you do not Inaction can be Zen, receive it,” the master replied, “to whom does the gift belong?” and action can be Zen. His students were enlightened. As a Zen lawyer, In my twenties, I trained in Shotokan karate. Shotokan first, do not teaches you to block and forcefully counterattack. Later accept the gift of in life, I attended a leadership class where we studied insults. Second, try to Aikido karate. The instructor, or sensei, demonstrated understand the attacker’s a more artful tactic for dealing with opponents. When story and seek harmony. attacked, you turn and face the direction of the attacker, Finally, if the first two moving with him rather than against him. methods fail, use the You try, the sensei said, to understand the opponent’s stick artfully and with point of view, to hear his or her story. Rather than meet no ill intent. force with force, you step off the line of attack and look for harmony. Seek creative solutions rather than reactive
Mark Lindquist is our Pierce County Prosecutor. Copyright 2014 Mark Lindquist
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GTH PICR Employment TPCBA. 7.25x4.75_F.indd 1 4/8/14 3:04 PM