Transcription
Vol. 65 No. 10BarNewsWashington StateOCTOBER 2011THE OFFICIAL PUBLICATION OF THE WASHINGTON STATE BAR ASSOCIATION2011–2012 WSBA PresidentStephen R.CrosslandOctober 2011 Washington State Bar NewsA
110%it takes above-and-beyondadvocacy to protect the rights,freedom and reputation of peoplefacing a criminal investigation. Callon SgB. our Criminal defenseteam is known for exceptionallythorough investigation, meticulouspreparation, excellent legal analysisand trial work, and well-respected negotiation skills.A criminal investigation can reach a client in the boardroomor on the job. it can result from a confrontation in thecommunity or from a moment in the driver’s seat.Regardless of the circumstances, we give it ourall—and then some.sgb CRiminal defense gRoupJeff RobinsonWhiTe CollAr CrimemiSdemeAnor ChArgeSWe believe that everyone has the right to a vigorousColette tvedtSeriouS Felony ChArgeSlegAl / JudiCiAl miSConduCTdefense. if your client needs representation for aJoe CampagnaheAlThCAre FrAuddrug oFFenSeScriminal matter, call on SgB.bill bowmandui deFenSebRit meRCeRCONTACT US www.sgb-law.com810 Third Avenue, Suite 500B www.sgb-abogados.com 206-622-8000 800-809-2234Seattle, WA 98104Washington State Bar News October 2011 2011 SCHROETER GOLDMARK & BENDER
Hall-Conway-JacksonJackson, Inc.a HUB International CompanyHUBUB International Northwest, LLC / HallHall-Conway-Jackson,Jackson, Inc. is the Northwest’sfastest growing insurance brokerage with over 70 years of unparalleled expertise inProfessional Liability insurance. WWe create strong partnerships and positivesitive results for ourclients in all 50 states.Our dedicated brokers have access to all major insurers, providing attorneys, accountantsaccountant andengineers with customized insurance policies to assure the proper protection at a greatgrea price,meeting the unique characteristics of your firmfirm: Lawyers Professional Liability is our specialtyo All areas of practiceo Including recent claims activity Other professional coverages include:o Employment Practices Liabilityo Fiduciary Liabilitytors and Officers Liabilityo Directorso Miscellaneous Errors and Omissions LiabilityFor a no obligation coverage reviewreview, contact:Scott Andrews, CPCUscott.andrews@hubinternational.com(425) 368-1262Teri Murphyteri.murphy@hubinternational.com(425) 368-1230P.O. Box 8010Mill Creek, WA 98082(425) 368-12001200 (Main)(800) 877-80248024(425) 368-12901290 (Fax)Today’s Choice Toice To Insure Tomorrow’s ProfitsOctober 2011 Washington State Bar News1
2Washington State Bar News October 2011
BarNewsWashington StateOCTOBER 2011THE OFFICIAL PUBLICATION OF THE WASHINGTON STATE BAR ASSOCIATIONFEATURESDEPARTMENTS12 Meet the New WSBA32 View PointLessons Learned? The CaseyAnthony Trial and the Media’sChilling Effect on Prosecutorsby Stone GrissomPresident: A Chat withSteve Crosslandby Michael Heatherly14 WSBA Welcomes NewPresident-elect and Classof 2014 Governorsby Stephanie Perry1219 Payday Loan Alternatives:Are They Legal?40 Raising the Bar: The Promiseof Civility in Our ProfessionFrom the Cotton Fields to theCourtroomby Ernest Radilloby Fred Corbit and Colin Rolfs28 Not (Just) for Profit: TheSocial Purpose CorporationConcept36 Ethics UpdateAdvisory Opinions onPayments to Clients,Mortgage Broker Referrals,Communication with Jurors,Advertising Testimonials, andDiscovery Materialsby Jeanne Marie Clavere1942 The Board’s Workby Michael Heatherlyby Drew G. Markham63 Briefly About MeGloria OchoaCOLUMNS7 President’s CornerLISTINGSCommunicationby Stephen R. Crossland9 Executive’s Report28Journey to Vietnamby Paula C. Littlewood45 WSBA 50-Year MemberTribute LuncheonRegistration Form46 Announcements47 FYI50 Professionals6452 Disciplinary Notices64 The Bar BeatImperfectly Yoursby Michael Heatherly55 CLE Calendar959 ClassifiedsCover photo: 2011–2012 WSBA President and Cashmere lawyer Stephen R. Crossland. Photo by Michael Thresher.The Washington State Bar Association’s mission is to serve the public and the members of the Bar,ensure the integrity of the legal profession, and to champion justice.October 2011 Washington State Bar News3
Defending DUIs with Passionand Integrity since 1969Clockwise from bottom: Douglas Cowan; Eric Gaston; Jonathan Rands, Of Counsel;Ted Vosk, Of Counsel; Aaron Wolff, Of Counsel; Matthew Knauss;Christopher Kattenhorn, Associate to Mr. Wolff; William KirkRefer with ConfidenceDefending DUIs 425.822.12204040 Lake Washington Blvd., Suite 300Kirkland, WA 980334Washington State Bar News October 2011 Cowanlawfirm.com1514 12th Street, Suite 100Bellingham, WA 98225
Washington StateBarNewsPublished by theWASHINGTON STATE BAR ASSOCIATION1325 Fourth Ave., Ste. 600Seattle, WA 98101-2539Paula LittlewoodExecutive Director206-239-2120; paulal@wsba.orgMichael HeatherlyEditor360-312-5156: barnewseditor@wsba.orgJudith M. BerrettDirector of Communications206-727-8212; judithb@wsba.orgTodd W. TimmckeManaging Editor /Graphic Designer206-727-8214; toddt@wsba.orgJack W. YoungAdvertising Manager206-727-8260; jacky@wsba.orgStephanie PerryCommunications Specialist /Publications Editor206-733-5932; stephaniep@wsba.orgSharlene SteeleClassifieds and Subscriptions206-727-8262; sharlene@wsba.org 2011 byWashington State Bar Association.All editorial material, including editorial comment, appearing herein represents the views ofthe respective authors and does not necessarilycarry the endorsement of the Association or theBoard of Governors. Likewise, the publication ofany advertisement is not to be construed as anendorse ment of the product or service offeredunless it is specifically stated in the ad thatthere is such approval or endorsement.Washington State Bar News (ISSN 886-5213)is published monthly by the WashingtonState Bar Association, 1325 Fourth Ave., Ste.600, Seattle, WA 98101-2539, and mailedperiodicals postage paid in Seattle, WA. 17.38 of an active member’s dues is usedfor a one-year subscription. For inactive,emeritus, and honorary members, a free subscription is available upon request (contact barnewscomments@wsba.org or 206-7278262). For nonmembers, the subscription rateis 36 a year. Washington residents pleaseadd sales tax; see http://dor.wa.gov for rate.Postmaster: Send changes of address to:Washington State Bar News1325 Fourth Avenue, Suite 600Seattle, WA 98101-2539WSBA Board of GovernorsStephen R. Crossland, PresidentMichele G. Radosevich, President-electSteven G. Toole, Immediate Past-PresidentMarc L. Silverman, First DistrictPhilip J. Buri, Second DistrictBrian J. Kelly, Third DistrictLeland B. Kerr, Fourth DistrictNancy L. Isserlis, Fifth District; TreasurerVernon W. Harkins, Sixth DistrictDaniel G. Ford, Seventh-East DistrictJudy I. Massong, Seventh-Central DistrictRoger A. Leishman, Seventh-West DistrictWilton S. Viall III, Eighth DistrictSusan Machler, Ninth DistrictJames W. Armstrong, At-largeTracy S. Flood, At-largeCarla C. Lee, At-large (WYLD)WSBA Editorial Advisory CommitteeJill H. Yamamoto, ChairJoanna Plichta BoisenPaulette R. BurgessFiona C. CoxGeorge W. JareckeJamila A. JohnsonKaren F. JonesBinh T. NguyenBrian H. PayneArissa M. PetersonKlaus O. SnyderGregory R. TolbertBar News AdvertisingDisplay: Contact Jack Young at 206-727-8260 or jacky@wsba.org.Announcements: Full-, half-, and quarter-page announcements available; for WSBA membersonly. Contact Jack Young at 206-727-8260 or jacky@wsba.org.Classifieds: Advance payment required (payment may be made by credit card). Please seeclassified pages for rates and submission guidelines, call 206-727-8262, or emailclassifieds@wsba.org.Professionals: The boxed ads preceding classifieds; for WSBA members only. Cost: 50/inch;advance payment required (payment may be made by credit card). Contact Jack Young at206-727-8260 or jacky@wsba.org.Deadline: Copy must be received (not postmarked) by the first of each month for the issuefollowing. No cancellations will be accepted after the deadline. Please submit printed copywith check (payable to WSBA) or credit-card information to: Bar News, 1325 Fourth Ave.,Ste. 600, Seattle, WA 98101-2539. No phone orders, please.WSBA and Bar News Contact InformationWSBA SERVICE CENTER800-945-WSBA (9722) 206-443-WSBA (9722) questions@wsba.orgGeneral inquiries; address changes; current WSBA CLE seminars and CLE products(information or seminar registration); MCLE credits and course accreditation; licensing;Office of Disciplinary Counsel (complaints about lawyers); order placement for all WSBAproducts (inquiries about pending orders: 206-733-5918 or 800-945-9722, ext. 5918)WSBA Admissions: 206-727-8209 or 800-945-9722, ext. 8209WSBA Ethics Line (for lawyers only): 206-727-8284 or 800-945-9722, ext. 8284WSBA Fax: 206-727-8320 or 206-727-8319WSBA Lawyer Services (for lawyers only): 206-727-8268 or 800-945-9722, ext. 8268Lawyers Assistance Program; Law Office Management Assistance ProgramWSBA Website: www.wsba.orgBar News Around the State Submissions: aroundthestate@wsba.orgBar News Article Submissions: barnewsarticles@wsba.orgBar News CLE Calendar: barnewscalendar@wsba.orgBar News General Comments: barnewscomments@wsba.orgBar News In Memoriam Submissions: inmemoriam@wsba.orgBar News Letters to the Editor: letterstotheeditor@wsba.orgBar News Online: www.wsba.org/barnewsSubmission Guidelines: WSBA members and nonmembers are invited to submit articles of interest to Bar News readers. Send articles via email to barnewsarticles@wsba.org or provide on adisk with a hard copy and mail to: WSBA, Bar News Editor, 1325 Fourth Ave., Ste. 600, Seattle,WA 98101-2539. Articles should not have been submitted to any other publications and becomethe property of the WSBA. Articles typically run 1,500 to 3,500 words including endnotes. Citations should be formatted as endnotes. Please include a brief author’s biography includingcontact information at the end of the article. High-resolution graphics and photographs are welcome. Authors are encouraged to send a high-resolution digital photo of themselves with theirsubmission. The editor reserves the right to edit articles as deemed appropriate. The editor maywork with the writer, but no additional proofs of articles will be provided. The editor reserves theright to determine when and if to publish an article. Bar News is published on or about the firstday of the month, 12 times a year. The current circulationis approximately31,000.October2011 WashingtonState Bar News 5
Banking on Your TermsDebra Hauser, Sr. V.P.Relationship Banking ManagerGreater Seat tleWorkingCapitalLLCPayrollR emot e D ep osi tIt only makes sense that the business partners you deal with day in and day out,like Pacific Continental banker Debra Hauser, are fluent in the language of yourbusiness. At Pacific Continental, our bankers not only speak small business withthe agility of a CFO, they’re experts in delivering the financial services you need,when you need them on your terms.SEATTLE / BELLEVUE / TACOMAEUGENE / SPRINGFIELDPORTLAND / VANCOUVERTHERIGHTBANK.COM PAC-063 Hauser WaStateBar 4C 7.375x4.875 Oct2011.indd 1877-231-22658/30/11 10:20 AMWashington State Bar 7.375 X 4.875 Half Page 4C October 2011 Insertion Debra HauserPut 30 years of experiencein your client’s corner . . .Your referrals are appreciated and handled with care.vFounding Member, Washington Association of CriminalDefense Lawyers (1987)vFounding Member, National College of DUI Defense(1995)vFeatured speaker at DUI defense seminars in eight statesvPresenter to judges at DUI regional seminars regardingDUI law and technologyvCo-Author, Defending DUIs in Washington State (LexisNexis Publishing)vLitigator and counselor for clients from all walks of lifeincluding workers, executives, and professional athletesThe Law Office of Jon Scott Fox 3326 160th Ave SE Suite 215 Bellevue, WA 90008 (425) 395-4384 www.theFoxLawFirm.com6Washington State Bar News October 2011
PRESIDENT’S [CornerStephen R. CrosslandWSBA PresidentCommunicationA vital part of being a lawyer and a counselorAnd in the naked light I sawTen thousand people, maybe morePeople talking without speakingPeople hearing without listeningPeople writing songs that voices nevershareAnd no one daredDisturb the sound of silence— “Sound of Silence,” Simon andGarfunkelThe longer I am on thisplanet, the more I realizehow vital communication is to nearly everyfacet of our interactions.It is the lifeblood bywhich we connect withone another.In our profession we particularly rely oncommunication — not only is it the toolby which we ply our trade, but it is also theresource that our clients seek from us andask us to use on their behalf. One of my lawpartners many years ago observed that we,as lawyers, are “word contractors.” We construct things with words, whether writtenor spoken. We create understandings; weresolve disputes; we create wills, contracts,pleadings; we communicate with eachother to create understanding; we explainthings; we analyze and relate.Communication is made much easierand much more difficult in this era oftechnology. We can send messages withlightning speed, but that doesn’t assurecommunication. In much the way that theInternet has revolutionized our ability tosend messages, the same occurred nearly ISTOCKPHOTO.COM/PICCERELLA200 years ago. I am reading The GreaterJourney by David McCullough. In a portionof the book, the invention of the telegraphis discussed. Newspapers of the day (1844)proclaimed that “this is indeed the annihilation of space.” Indeed, both the telegraphand the Internet have annihilated time andspace, but perhaps have not improved communication.As I think we all know, communicationis a two-way process. Not only must we beable to project, but also we must be able toreceive and understand — empatheticallyunderstand. When I entered this profession nearly 40 years ago, one of the lawyers whom I was fortunate enough to joinand who mentored me for nearly 10 yearshad on his business sign next to his frontdoor: “Lawyer and Counselor.” I think thatcaptured what I will try to express in thisarticle. In our profession, we are trained toproject communication, but not necessarily to receive it empathetically.By way of illustration, I would like to relate one of my life experiences that framedthis dynamic for me in a way that I havecome to embrace relating to both “projectand receive empathetically.”The scene is set more than 25 years ago.In prior years, I had the good fortune todo some estate planning for the superiorcourt judge’s bailiff and his wife. Otto wasOctober 2011 Washington State Bar News7
a wonderful, albeit a curmudgeonly sortof guy. I didn’t know much of his personallife beyond his bulldog-like presence in thecourtroom. So it happened that about 20years ago, his daughter, Margaret, came tomy office. Margaret related that both of herparents had recently passed away within afew weeks of one another. I had not previously met Margaret. I soon learned thatMargaret was a very intelligent woman inher mid 60s. Margaret had never been married, had no children or siblings, and hadspent her whole life living with her parents.At that time, I thought I had a fairly bustling solo practice. I was able to get the probate process started for Margaret and feltthat things would cruise along as we wended our way through the probate. However,Margaret didn’t see the process as being on“auto-pilot” as I had envisioned. I began torealize that Margaret was appearing at myoffice nearly every day without an appointment and with a laundry list of very goodquestions. I soon adopted the practice (asperhaps others of you have) of my assistanttaking the questions from Margaret, then Iwould provide the answers, which my assistant relayed to Margaret. Seemed prettyeffective and efficient to me.That seemed like a good plan to me untilI received the letter from the WashingtonWe are lawyers and counselors. We need to listen to ourclients to truly “hear” whattheir needs are. Their needsoften are not just the legalanalysis that we are so welltrained to do.State Bar Association labeled “CONFIDENTIAL” in a very interesting shade ofred one I am sure I hadn’t seen before,nor have I seen since. With a great deal oftrepidation (I had never done this before or, thankfully, since), I opened the letter. Itwas a complaint filed by Margaret in whichshe alleged that I had “failed to attend toclient’s matters in a timely manner.”I will spare you the details. I respondedto the complaint. I ceased to representMargaret. The complaint was dismissed.Five or more years later, I decided itwould be a good idea to become a candidatefor superior court judge. I made a personalpromise to myself that when door-belling,Sex Offense DefenseUnderstanding the complex dynamicsmakes a Difference.Sexual misconduct allegations are serious and can have lifelongconsequences. At Rhodes & Meryhew, LLP we work on thesechallenging cases everyday, including; Defending those falsely accused of child molestation and rape. Advocacy and effective advice for those who have committed sexual offenses. Skilled investigations with witness interviews conducted by trainedattorney interviewers. Experience with family reunification and complex family dynamics.if I noticed one of my yard signs in a yard,I would make a special effort to personally meet and thank the property owner. Youguessed it! One afternoon while door-belling, I noticed that one of my yard signs wasin Margaret’s yard. A moment of personalmoral crisis arose. True to my promise, Icautiously approached her front door. Sheanswered, was shocked to see me, and burstinto tears. (Oh boy! Now what?) She quicklyasked me to come into her house to talk (areyou kidding me?). Something deep insidetold me that this was the right thing to do.Through her tears, she explained thatshe was so very sorry that she had filedthe complaint with the Bar Association.She explained that as soon as she had sentthe letter, she called the WSBA to ask if shecould withdraw the complaint. She wastold that “a card laid is a card played” well, of course, Doug Ende and the Officeof Disciplinary Counsel would never usethose terms.The clincher for me and the reason fortaking your time with this story is what shesaid next. “I had no one in the world to relyon. You were the only person who couldhelp me sort out the present problems inmy life. You weren’t able to make yourselfavailable to me to the degree that I wanted.I soon realized that my demands were unreasonable, but I needed you nonetheless.”Thereafter, I went on to represent Margaret for the remainder of her wonderfullife. Sadly, this spring she passed away,having lived a full, although lonely, life. Thelesson that I hopefully learned was thatI played a significant role in her life, butmore importantly, I wasn’t “listening” toher and empathizing with what her professional needs were.If I were to relate an Aesop’s fable lessonlearned from this experience, it would be:“We are lawyers and counselors. We needto listen to our clients to truly ‘hear’ whattheir needs are. Their needs often are notjust the legal analysis that we are so welltrained to do.”People talking without speakingPeople hearing without listeningRobert Rhodes, Brad Meryhew,Norman Partington Jr. & Adam Shapiro206.264.1590Aggressive defense of difficult cases.600 First Avenue Suite 410, The Pioneer Building, Seattle, WA 98104-2216www.rhodesmeryhew.com info@rhodesmeryhew.com8Washington State Bar News October 2011As your president, I will endeavor tolisten to you. Please communicate withme.WSBA President Steve Crossland can bereached at steve@crosslandlaw.net or 509782-4418.
EXECUTIVE’S [ReportPaula C. LittlewoodWSBA Executive DirectorJourney to VietnamABA ROLI delegation shares American law with growingVietnamese legal professionThis past May, I had thethe WSBA offices learning how we run ourhonor of traveling to Vietlawyer regulatory system here in Washingnam as a member of aton. While Vietnam continues to have adelegation spons
WSBA Lawyer Services (for lawyers only): 206-727-8268 or 800-945-9722, ext. 8268 Lawyers Assistance Program; Law Office Management Assistance Program WSBA Website: www.wsba.org Bar News Around the State Submissions: aroundthestate@wsba.org Bar News Article Submissions: barnewsarticles@wsba.org Bar News CLE Cal
