S u m m e r 2 0 14 - I n T h i s I s s u e
Lessons Learned. Never
Underestimate the Value of
Your SLDO Organization 8
WDTL Volunteers Go
Above & Beyond for
Union Gospel Mission
11
WDTL Officers
18
WDTL Membership
19
Current Events
20
DEFENSENEWS
Money Well Spent:
Conventions & Dues
10
WDTL New Members
12
Legislative Update
14
Fighting for Justice and Balance in Civil Courts • www.wdtl.org
Doing Good and Doing Well
By Heather Proudfoot and Christopher Howard
Many of us went to law school in
hopes of doing good. As lawyers we
are in a position to do good for many.
But, the realities of earning a living,
paying off college and law school
debt and the pressures of practice
development, maintaining billable
hours and bringing the firm paying
clients may create some barriers to
accomplishing our original objectives.
As with the apocryphal tale of the
missionary in Hawaii who was asked
about his accomplishments, many of
us start out to do good and do
well instead.
So how do we get back to doing
good? There are many reasons to
consider this question, not the least
of which is that we have an ethical
responsibility to do so. RPC 6.1 states
that each lawyer has a professional
responsibility to provide pro bono
service for those who are unable to
pay. The rule is aspirational in terms
of setting the goal that a lawyer
should aspire to render at least 30
hours of pro bono public service
per year. Comment 1 to the rule
makes it clear this applies to every
lawyer, regarding professional status,
experience or workload. See RPC 6.1,
Comment 1.
But there are more reasons
to consider pro bono work
beyond aspirational professional
responsibility. As reflected in the
comments to the RPCs, pro bono
work can be personally rewarding.
As former Chief Justice John
C. Coughenour of the Western
Pro bono work can
be an avenue to
practical experience
that is increasingly
difficult to get in the
modern world.
Washington Federal District Court
reflected at an event for volunteer
lawyers, his pro bono cases were
some of the most enjoyable cases he
has ever had. See “Volunteer Lawyers
Save the Day,” South Whidbey
Record, June 25, 2008. When a
firm supports the pro bono efforts
of its lawyers, it affords its lawyers
enjoyable work, but it also inspires
loyalty, pride, and good will. Loyal
and happy lawyers are more likely to
stay and flourish, thereby reducing
the replacement costs associated
with attrition.1 Strong pro bono
programs can also be big draws for
top tier lawyers deciding where
to work.
Pro bono work can be an avenue
to practical experience that is
increasingly difficult to get in the
modern world. Pro bono work
as a means of training “young
lawyers” is not a novel idea. Many
professions, including the medical
professions, require a practical
experience component of education.
The concept is called “experiential
education,” which essentially means
learning by experience. However,
there is no “residency” program for
law students in this country; yet, law
school does not necessarily teach
us how to be lawyers. It teaches us
how to think like lawyers, spot issues,
research legal issues, and hopefully
how to write a decent legal brief or
memo, but the real practice of law
requires, well, practice.
For young lawyers, opportunities
for diverse and complete legal
experience depend on the size
and nature of their employers.
Continued on Page 4
DEFENSENEWS
Editors
Kent N. Doll, Jr.
Ewing Anderson PS
522 W. Riverside Avenue
Spokane, WA 99201-0580
[email protected]
Michael K. Rhodes
Lewis Brisbois Bisgaard &
Smith LLP
2101 4th Ave., Suite 700
Seattle, WA 98121
[email protected]
The Defense News is published bi-monthly by the Washington Defense
Trial Lawyers, c/o WDTL, 800 5th Ave., Suite 4141, Seattle, WA 98104.
All rights reserved. Reproduction of any material appearing herein without
permission is prohibited. SUBSCRIPTION: Included in dues of all active
members. EDITORIAL POLICY: Defense News is edited for members of
the Washington Defense Trial Lawyers. Publishing and editorial decisions are
based on the editors’ judgment of the quality of the writing, the timeliness
of the article, and the potential interest to Defense News readers. The views
expressed in the Defense News are those of the authors and may not reflect
the official policy or position of WDTL or Defense News. SUBMISSIONS:
All submissions must be typewritten, double-spaced (including citations).
Include with the article an electronic format – either by email or disk.
Articles may be submitted to [email protected] ADVERTISING: All
advertising inquiries should be directed to: Kristin Baldwin, 800 5th Ave.,
Suite 4141, Seattle, WA 98104, (206) 749-0319 or e-mail: [email protected]
Defense News does not screen its advertisers/advertisements and does not vouch for
the quality of the services offered for sale herein.
2
Summer 2014
WDTL STAFF
Member Services
David Penrose
4141 Agate Road
Bellingham WA 98226-8745
Phone: (206) 529-4128
Fax: (206) 202-3776
Email: [email protected]
Accounting
Stephanie Ray Solum
2144 Westlake Ave N Suite F
Seattle WA 98109
Phone: (206) 551-6288
Email: [email protected]
Executive Director
Kristin Baldwin
800 Fifth Ave., Suite 4141
Seattle WA 98104
Phone: (206) 749-0319
Fax: (206) 260-2798
Email: [email protected]
Summer 2014
3
Doing Good From Page 1
For example, a friend of one of the
authors graduated top of his class
from Harvard Law and went to a
larger, well-established law firm.
Although he excelled at his firm, he
and the rest of his class of associates
were not allowed to meet a client until
their fifth year of practice. Needless
to say, this hurt their morale, and also
their marketability outside and inside
the firm.
It is not only the recent graduates or
associates at larger firms who may
lack experience. Statistics make clear
that very few cases actually go to
trial. Many private practice litigators
with years of experience may
have only a handful of trials under
their belts, at most. The need for
experience does not stop with a few
years of a paycheck.
Properly supported and mentored pro
bono work can enhance a lawyer’s
practice and assist in closing the
gap between general day-to-day
work and the experience required
for advancement and prowess.2
Pro bono work can provide lawyers
with soup-to-nuts experience:
opportunities to manage a case and
client, develop a case budget, draft
documents, negotiate with opposing
counsel, handle discovery, argue
in court, and the increasingly rare
opportunity to try a case. It also
provides opportunities for relationship
building with the courts and their
personnel, not to mention the good
will of judges3 and clients it provides
for the firm. To wit, pro bono efforts
are also a valuable and marketable
activity for a firm.4
Continued on Next Page
4
Summer 2014
Doing Good From Page 4
Pro bono work can also provide CLE
credit under certain circumstances.
See Jason Wax, “Did You Know
You Can Get CLE Credit for Pro
Bono Work?”, King County Bar
Association’s Pro Bono Dicta,
December 11, 2013. Washington
attorneys are required to complete a
minimum of 45 credit hours of CLE
every three years. See Admission
to Practice Rule (“APR”) 11.2(a).
APR 11.2(a)(4) states that up to six
credit hours may be earned each
year through pro bono training and
service, as long as the attorney
complies with the rules laid out in
Regulation 103(f) of Appendix APR
11. For a detailed discussion of
how to obtain this credit, see Mr.
Wax’s article at www.probonodicta.
org/2013/volunteer-resources/didyou-know-you-can-get-cle-credit-fordoing-pro-bono-work/.
skills and knowledge needed to
secure access to justice for low income people, whose enormous
unmet legal needs are well
documented.
Or, as the representative of one
national firm put it:
...The law is neither a business
nor an industry, it is a profession
with an historic obligation to
provide legal services to those
who cannot afford them. That
obligation arose at common law
centuries ago, where a judge could
call an attorney up to the bench
and appoint him to represent
someone. The obligation is there
because attorneys have a
monopoly – through their
education and training and,
ultimately, admission to a special
professional caste - on access
to the justice system. This is
not charitable work. Rather, it is
an obligation that is rooted in our
obligation to the justice system.
On admission to the bar, we take
an oath in which we state that
we will never reject the cause of
the defenseless or the oppressed...
“Pro Bono - Law Firms Pro Bono:
An Obligation That Derives From
Our Concept Of Justice,” The
Metropolitan Corporate Counsel
(Sept. 1, 2005).
In July, the WDTL’s Pro Bono/
Community Outreach Committee’s
project is dedicated to pro bono
work at neighborhood legal clinics.
Additional opportunities for pro
bono work with foster children who
are about to age out, or who have
recently aged out, of the system
Continued on Next Page
The above-identified rule and
business-based reasons for doing
pro bono work should not obscure
the basic tenant of pro bono work:
the essential responsibility of
attorneys to help bridge the gap by
providing legal services to those who
would otherwise not be able to afford
representation. As the American Bar
Association Standing Committee on
Pro Bono notes:
When society confers the privilege
to practice law on an individual, he
or she accepts the responsibility to
promote justice and to make
justice equally accessible to all
people. Thus, all lawyers should
aspire to render some legal
services without fee or expectation
of fee for the good of the public ...
[O]nly lawyers have the special
Summer 2014
5
Doing Good From Page 5
are also coming up. Please keep an
eye out for more information as it is
distributed. Additionally, if you have
any pro bono project opportunities
you would like the committee to
consider or if you are willing to
share your pro bono experiences
with WDTL readers, please contact
Heather Proudfoot at 206-778-8582
or [email protected] or
Kristin Baldwin at 206-749-0319
or [email protected].
***
Heather (Carr) Proudfoot is a trustee
of the WDTL and the chair of its
Pro Bono/Community Outreach
Committee. She was formerly a
shareholder at Stafford Frey Cooper
before accepting an in-house position
at a local company spearheading the
company’s employment team.
Christopher Howard is a Shareholder
at Schwabe Williamson and
Wyatt. His practice focuses on the
representation of professionals and
self-insured professionals. He is
a member of the WDTL pro bono
committee and his pro bono work has
focused on representing minors in
immigration matters.
1 Replacement costs are not limited
to advertising and head hunting
commissions. New attorneys require
training and time to reach efficiency levels
of lawyers already established at the
firm. “Costs associated with the failure
to retain effective lawyers represent the
single greatest nonproductive personnel
expense incurred by law firms.” Esther
F. Lardent, “Making the Business Case
for Pro Bono” presented with permission
at the ABA Section of Litigation 2012
Section Annual Conference April 1820, 2012: “Good Works Equals Good
Business”.
6
2 The authors emphasize that pro
bono work carries with it the same
responsibilities toward court and client
that paid work requires. Attorneys doing
pro bono work must still conform to
national, state and local rules, including
rules relative to professional responsibility
and competence.
3 As the Honorable John L. Weinberg
notes, “[Pro Bono work on federal
matters] continue[s] to contribute
immeasurably to the fair and efficient
functioning of our court, and to the
availability and quality of representation
afforded to those who litigate before us.”
See www.fba-wdwash.org/history.pdp.
4 Many national and global law firms
have recognized the value of pro bono
efforts including generating significant
value in heightened visibility and good
publicity for firms. Esther F. Lardent,
“Making the Business Case for Pro Bono”
presented with permission at the ABA
Section of Litigation 2012 Section Annual
Conference April 18-20, 2012: “Good
Works Equals Good Business”.
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Get your copy today
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Summer 2014
Summer 2014
7
Lessons Learned
Never Underestimate the
Value of Your SLDO Organization
By Stephen R. Crislip, DRI Central Region Director
The late Speaker of the House T.P.
(Tip) O’Neill, after losing his first
election to the Cambridge City
Council, quoted his father as saying
then, “All politics is local.” He had
taken his own neighborhood in
Cambridge, Massachusetts, for
granted and lost this first election.
Your professional connections and
your reputation are all local as well,
and they must be solid first and never
taken for granted.
From kindergarten to now, your
improvement as a lawyer and as a
person came from a learning the
basics and then layering on improved
skills. That, my friends, is how you
build a successful defense reputation.
You start local and you then stay loyal
to that locality.
Your local defense organization
provides you with good professional
connections and gives you the
immediate chance to improve your
skills and become known. At a
DRI Central Regional Meeting last
year, one state officer described
this individual involvement as
buying “reputation insurance.” By
becoming active and known by
others for your quality work, you
make yourself marketable regardless
of any changes in your employment.
You bought local, as we Master
Gardeners advocate. (You did not
know this about me, did you?) You
can then expand that professional
reputation regionally and nationally
through this constant skills
layering process.
8
As I become older, my doctors
just seem to give me more pills.
I sense that they have surrendered
the weight loss fight to me. I have
learned from them that a combination
of the little pills makes the big pill
work even better. That is the extent
of my pharmaceutical knowledge,
but the principle applies in the
defense work as well. Belonging
to the local organization helps you
to become known and educated.
Belonging to DRI allows you to form
a national network using that layered
improvement and involvement
approach.
I have belonged to each—my local
defense organization and DRI—
for more than 30 years and have
benefited personally—so much so
that I always paid my DRI dues myself
because I joined not for the firm, but
for me. DRI actually helped me find
my life-long job. As a young, thinner
law clerk with hair, I found a stack of
monographs—what DRI published
then—in the library corner. These
conveniently had the law on the
obscure defense legal assignments
that I had received, and they made
that law clerk look good. I have paid
my DRI dues myself ever since, and
it has been worth every penny to
belong to this large national group.
Every firm that does pay for its
lawyers to belong to defense
organizations does so for some
form of business development. They
expect some benefit. Here’s how
the two groups interplay to achieve
mutual maximum benefit, a “return on
investment,” as the business types
say, for a firm.
Continued on Next Page
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Our professionals are specialists with expertise in
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valuation of damage claims in litigation.
Mueller & Partin
Washington Federal Center • 400 108th Ave NE Suite 615 Bellevue, WA 98004
(425) 455-0303 • www.muellerpartin.com
Summer 2014
Lessons Learned From Page 8
•
Local practices change and
lawyers may need to remake
themselves to survive. Joining
a specialty law committee in each
organization can speed that along.
•
A young lawyer can move further
and faster by becoming involved
in both local and select DRI areas,
whether Young Lawyers, Women
in the Law, or a practice-area
specific committee.
•
Local defense groups routinely
provide the practical skills training
that law schools omit and
that clients will not pay for (trial
academies, boot camps, and
workshops) and DRI can provide
speakers to expand these
programs and also offer national
perspective. Further, DRI shares
documents and how-to guides to
assist the local organization in
various endeavors.
• Most local groups have an
executive director position and
they benefit their membership
greatly by joining forces with
other directors to share ideas—a
give-something-to-get-something
approach, which DRI facilitates.
In addition, they all receive a free
membership and training in
various areas.
•
On the other hand, local defense
groups are front line. They are
the heart and soul of DRI, offering
local insight on how national
issues manifest in localities. This
exchange, which informs DRI,
permits DRI to support efforts
to protect the independence
of the judiciary, weigh in on legal
issues through amicus briefs,
work to achieve diversity in the
legal profession, and generally
support local issues.
Summer 2014
I am very proud to have been an
active member of the Defense Trial
Counsel of West Virginia since its
inception, as well as a former director
and past president. In a small state,
the chance to know defense counsel
in towns all across the state makes
the practice better, far more efficient,
and much more fun. All defense work
starts local, and if you are not active
in your local organization, you are
making a career mistake.
9
Money Well Spent: Conventions & Dues
By Linda Gallagher
If I had a nickel for every time
someone told me “I don’t go to the
WDTL Annual Convention because
my firm doesn’t pay for it” . . . then
I’d have a lot of nickels. I would also
still be paying most of my own WDTL
expenses. Happily. I thoroughly enjoy
attending one of the most collegial
professional meetings that is quite
valuable to my civil defense litigation
practice. This year’s convention in
Victoria, B.C. July 10-12 promises
to be one of the best ever. It is a
joint meeting with attorneys from
Washington, Alaska and Canada.
The CLE speakers and topics
are incredible.
If your firm pays your way, that’s
great. If not, then please seriously
consider joining us anyway. Practice
your negotiating skills and convince
your firm to pay at least part of your
expenses. Come spend quality time
with lawyers from firms who do pay
for the WDTL conventions. Maybe
you’ll want to work with them in the
future. Come learn at the CLE, golf in
the tournament, and dine with leaders
in the civil defense bar. Maybe you’ll
learn something that makes a real
difference in your practice. Consider
planning a family vacation around
your attendance. Maybe you’ll relax
and have fun.
Yes, I pay my own way to attend our
annual conventions and to belong
to WDTL. I work for a government
agency and it’s just not part of our
budget. Some years when I need
CLE credits the registration fee is
covered. Some years I save money by
staying nearby instead of at the host
hotel. WDTL also offers discounts
for government lawyers. One way
or another, I pay my own way and
consider it money well spent.
10
Summer 2014
I love my work as a trial lawyer
defending King County and its
employees in civil litigation. My
attendance at the WDTL annual
conventions always improves my
effectiveness at work. In addition to
being professionally valuable, the
conventions really are fun. Please pay
your own way if that’s what it takes
and join WDTL in the fight for justice
and balance in the civil courts. It will
be money well spent. I hope we see
you in Victoria in July!
WDTL Volunteers Go Above and
Beyond for Union Gospel Mission
By Gauri Shrotriya Locker, Office of the Attorney General, Torts Division.
In February, WDTL members and
guests volunteered at the Seattle
Union Gospel Mission Men’s Shelter
in downtown Seattle. WDTL was
initially scheduled to serve lunch that
day. However, due to the enthusiasm
and hard work of our volunteers, the
WDTL group ultimately served both
breakfast and lunch, assisted staff
with dinner preparation, and also
assembled sandwiches for the shelter
to hand out as part of their “search
and rescue” program.
As a result, approximately a thousand
meals were served or prepared by
our group of volunteers that day.
WDTL volunteers from the Seattle
office of Lewis Brisbois also donated
approximately 70 pairs of socks
(which are in high demand at the
shelter) in conjunction with the event.
people whose struggles seem almost
insurmountable, but they manage
to have a smile on their face. My
husband and I left feeling inspired
and hoping to volunteer on a regular
basis. When I spoke to others who
also volunteered, including Michael
Rhodes and Kristin Baldwin, they
expressed similar feelings.”
Colin Olivers (City of Everett City
Attorney’s Office), who served on
the breakfast shift, echoed that
sentiment: “Volunteering to serve
breakfast was a fantastic experience
and my wife and I look forward
to volunteering with UGM again
soon. All of the other volunteers
and resident workers were very
welcoming and helpful. The diners
were extremely appreciative and
interacting with the people we may
otherwise walk by on the streets
really changed my perspective. I
would certainly encourage others to
give it a try if they can find the time.”
For more information about the
Union Gospel Mission, including
volunteer opportunities, please visit
www.ugm.org.
The Union Gospel Mission was
very grateful for the assistance,
and our volunteers also enjoyed
the experience. Rachel Reynolds
(Sedgwick LLP), served on the
lunch shift:
“Volunteering at the UGM was
fantastic. The UGM is near and
dear to my heart, as I previously ran
a running club with the Women’s
and Children’s Shelter. On the
day WDTL volunteered, I had the
opportunity to serve lunch, along
with several other WDTL volunteers.
I served hot soup on a cold day,
and was able to meet a number of
Seattle’s homeless population. It
is a humbling experience to meet
Summer 2014
11
Welcome New Members
WDTL welcomes the following members who have recently joined our organization.
A big THANK YOU to our members who referred these individuals to WDTL.
Todd Jason Allen
Allstate Staff Counsel
Referred by Vivienne Alpaugh/
Caroline Ketchy
Megan Schedler Cook
Bullivant House Bailey PC
Referred by Melissa Roeder
Albert Kang
Seattle University Law student
Scott A. Flage
Evans Craven & Lackie PS
Referred by Mark Louvier
Pamela Jo DeVet
Lee Smart, P.S., Inc.
Referred by Jeff Tilden
Justin Andrew Steiner
Bennett Bigelow & Leedom, P.S.
Referred by Tim Allen
Marlena D. Dietzway
Lee Smart, P.S.., Inc.
Ryan Wayne Vollans
Scheer & Zehnder, LLP
Linda Wendell Hsu
Selman Breitman LLP
Referred by Geoff Bridgman
Kathleen X. Goodman
Williams Kastner
Referred by Rodney Umberger
Mark E. Inbody
Selman Breitman LLP
Referred by Geoff Bridgman
Bruce E. Davison
Davison & Davison, Inc.
Crystal M. Ellis
Scheer & Zehnder
Emily Kelly Arneson
Witherspoon Kelley, P.S.
Referred by Aimee Maurer
Collette C. Leland
Winston & Cashatt, Lawyers, P.S.
Referred by Aimee Maurer,
Rich Relyea
Jay R. Simmons
Referred by Kristin Baldwin
Mark Augustus Thompson
Mix Sanders PLLC
Referred by George Mix
Lauren Rainwater
Dorsey & Whitney
Kristin E. Ballinger
Calfo Harrigan Leyh & Eakes
Evan Bariault
Frey Buck
Referred by Ted Buck
Susan J. Richardson
North West Legal Nurse Consultants
Referred by Michael Jaeger
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Summer 2014
Summer 2014
13
2014 Regular Legislative Session Adjourns–
Special Session Avoided for the First Time in Several Years
By Melvin Sorensen, Carney Badley Spellman
Just prior to midnight on the evening of Thursday,
March 13, legislators adjourned the 60-day 2014 Regular
Legislative Session. For the first time in several years,
legislators avoided being called back into Special
Session to deal with budget issues. With time running
out on the Regular Session, members of the Senate
and House reached agreement on a “no new taxes”
supplemental budget of just less than $155 million to
be added to the $33.6 billion biennial budget that was
passed last year. Overall, legislators sent 228 bills to
Governor Inslee during the 2014 session.
April 5 was the last day for Governor Inslee to take action
on bills that were passed during the 2014 Legislative
Session. Unless otherwise specified, measures passed
by the Legislature and signed by the Governor become
effective 90 days after the close of the session—
June 12, 2014.
With the adjournment of Washington’s 2014 Regular
Legislative Session on March 13, legislators and interest
groups have quickly begun to pivot their attention toward
the November elections. All 98 seats in the Washington
State House of Representatives will be on the November
ballot, and 25 of the 49 seats in the Washington State
Senate will also be up for election later this year.
Democrats go into the 2014 election cycle holding a
55-43 margin of control in the House. Since December
of 2012, a coalition of Republicans and two Democrats
have held control in the SenateÑstarting with a bare
25-24 majority in 2013, and extending that margin to
26-23 following a pick-up of one seat last fall in the
Special Election in the 26th Legislative District.
Key Measures Considered During
the 2014 Legislative Session
HB 2600—Authorizing Third Party Bad
Faith Actions Regarding Auto Insurance
Property Claims
As expected, the House Business & Financial Services
Committee held a hearing on January 29 to consider
HB 2600—a measure introduced by Rep. Steve Kirby
(D, 29th District) that would have authorized third party
bad faith actions regarding motor vehicle insurance
property claims. At the hearing a panel of plaintiff
lawyers spoke in favor of the measure. Representatives
from three national insurance trade associations testified
in opposition to the measure. The bill was killed in
committee when it was not brought to a committee vote.
This is the second bill in less than a year that Rep. Kirby
has introduced which would provide new causes of
action for third party bad faith claims. Neither bill was
approved by the committee.
HB 2332, 2SHB 2333, and HB 2334—
Employer Liability Bills
A trio of House-passed bills that would have exposed
Washington employers to more workplace lawsuits was
killed by the Senate Commerce and Labor Committee.
HB 2332, 2SHB 2333, and HB 2334 would have
established new causes of action for “wage violations,”
prohibited retaliatory actions and discrimination by
employers, and imposed new liabilities on employers for
“misclassification” of workers as independent contractors
rather than employees. All of the bills were hotly opposed
by the business community, and all were supported by
the Washington State Labor Council and other labor
groups. The measures were approved on divided votes
in the House, with virtually all Republicans voting against
the bills, and virtually all Democrats voting for them. The
bills were killed in the Senate when none of the three
measures were been scheduled for hearings before the
deadline for committee approval on Friday, February 28.
Melvin Sorensen is a Principal at Carney Badley Spellman
and serves as a WDTL lobbyist. Mr. Sorensen has spent more
than twenty-five years of experience representing insurers,
health care interests and other regulated industries before the
Washington State legislature and various state agencies.
14
Summer 2014
Summer 2014
15
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16
Summer 2014
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17
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PRSRT STD
U.S. Postage
PAID
Seattle, WA
Permit No. 5544
WDTL Events Calendar for 2013-2014
(register online at www.wdtl.org)
July
10-13
WDTL’s Annual Meeting & Convention (with the
Canadian Defence Lawyers & the Alaska
Defense Bar) – Inn at Laurel Point,
Victoria, British Columbia