May/June 2014 | VOLUME 2 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. CONNELLY LAW OFFICES Offices located in Tacoma & Seattle, WA | (253) 593-5100 | (206) 816-3002 | www.connelly-law.com J. Connelly L. Beauregard M. LeBank N. Roberts A. Price J. Kays A. Searle PROVEN ADVOCATES - PROVEN RESULTS Government Liability | Personal Injury | Wrongful Death | Civil Rights Traumatic Brain Injury | Insurance Bad Faith | Spinal Cord Injury Product Liability | Medical Malpractice 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. 4 PIERCE COUNTY LAWYER | May/June 2014 Taking on a complex work safety claim? Let MBC help. • Taking$4.1 million on a complex verdict forwork a constructionsafety claim? siteLet fall.MBC help. • • $3.6$4.1 million million settlement verdict for afor construction quadriplegia site due fall. to the unsafe • operation$3.6 million of asettlement crane. for quadriplegia due to the unsafe operation of a crane. • $800,000 settlement for injuries suffered due to lack of • enforcement$800,000 settlement of safety forregulations injuries suffered on a jobsite. due to lack of enforcement of safety regulations on a jobsite. We have succesfully representedWe have succesfully injured workersrepresented against injured negligent contractors,workers against property negligent ownerscontractors, and equipment property manufacturers.owners and equipment manufacturers. BringBring Us Us Your Your ToughTough Cases. Cases. WASHINGTONWASHINGTON STATE INJURYINJURY ATTORNEYS ATTORNEYS AttorneysAttorneys OfficeOffice JohnJohn L. L. Messina Messina 53165316 OrchardOrchard Street Street West West StephenStephen L. L. Bulzomi Bulzomi Tacoma,Tacoma, WAWA 98467 98467 JohnJohn R.